5.—(1) A person is not a qualifying person if—
(a)the person holds a higher education qualification; and
(b)the qualifying course leads to a qualification which is an equivalent or lower qualification.
(2) But paragraph (1) does not apply—
(a)where—
(i)the qualifying course is a course for the initial training of teachers (including such a course leading to a first degree);
(ii)the duration of a full-time course does not exceed two years; or
(iii)the duration of a part-time course does not exceed four years; and
(iv)the qualifying person is not a qualified teacher; or
(b)in respect of any part of a single course where—
(i)the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and
(ii)the qualifying person only has an honours degree which was received as part of that single course; or
(c)where the qualifying course is a foundation degree.
(3) In this regulation—
(a)Subject to paragraphs (3)(b) to (3)(e) “equivalent or lower qualification” has the meaning given in regulation 2 of the Education (Student Support) Regulations 2011;
(b)but a qualification is not an equivalent or lower qualification where it relates to a part-time course—
(i)which is a course in engineering, technology or computer science (or a combination of those subjects);
(ii)which leads to an honours degree; and
(iii)in respect of which the student begins the course on or after 1 August 2015.
(c)a qualification is not an equivalent or lower qualification where it relates to a part-time course—
(i)which is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);
(ii)which leads to an honours degree; and
(iii)in respect of which the student begins the course on or after 1 August 2017.
(d)a qualification is not an equivalent or lower qualification where it relates to a part-time course—
(i)which is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;
(ii)which leads to an ordinary degree, honours degree, or, in respect of a course in operating practice, to an ordinary degree, honours degree or diploma; and
(iii)in respect of which the student begins the course on or after 1 August 2017.
(e)“qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 M1 but does not include any person who—
(i)is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 M2 (“the 2003 Regulations”); and
(ii)has not been assessed by an accredited institution within the meaning of regulation 11 of the 2003 Regulations as meeting the specified standards within the meaning of paragraph 1 of Schedule 2 to the 2003 Regulations.