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The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

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Designated postgraduate coursesN.I.

This section has no associated Explanatory Memorandum

141.—(1) A postgraduate course is designated for the purposes of Article 3(1) of the Order and regulation 139 if—

(a)it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;

(b)it is a course—

[F1(i)mentioned in Schedule 3A; and]

(ii)in the case of a part-time course, it is ordinarily possible to complete the course in not more than [F2three times] the period ordinarily required to complete the full-time equivalent;

[F3(c)it is either—

(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v)provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or

(vi)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.]

(d)it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.

(2) For the purposes of paragraph (1)—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course;

(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F4authority-funded] if either the university or the constituent college or institution is [F4authority-funded]; F5...

(c)an institution is not to be regarded as publicly funded [F6or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(1) [F7; and]

[F8(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F9in Northern Ireland, Scotland or Wales, or by a private institution which is [F10an approved provider or] an unregistered provider in England].]

(3) For the purposes of paragraph (1)(b)(ii)—

(a)“full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;

(b)“period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;

(c)“standard full-time student” means a student who is to be taken—

(i)to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;

(ii)not to have been excused any part of the full-time equivalent;

(iii)not to have repeated any part of the full-time equivalent; and

(iv)not to be absent from the full-time equivalent other than during vacations.

(4) For the purposes of Article 3 of the Order and regulation 139, the Department may designate courses of higher education which are not designated under paragraph (1).

[F11(5) The Department may revoke or suspend the designation of a course which is designated under this regulation.]

Textual Amendments

F9Words in reg. 141(2)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 14(b)

Commencement Information

I1Reg. 141 in operation at 17.12.2009, see reg. 1(1)

(1)

1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27

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