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

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Designated coursesN.I.

This section has no associated Explanatory Memorandum

6.—(1) Subject to paragraphs (2), (3), (4) and (5), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—

(a)mentioned in Schedule 3;

(b)one of the following—

(i)a full-time course;

(ii)a sandwich course; or

(iii)a course for the initial training of teachers;

(c)not a designated distance learning course;

(d)of at least—

(i)one academic year’s duration; or

(ii)six weeks’ duration in the case of a flexible postgraduate course for the initial training of teachers; and

[F1(e)either—

(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or in Wales where the course began before 1st September 2017;

(ii)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017;

(iii)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 in Wales where the course began before 1st September 2017;

(iv)provided by an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom;

(v)provided by a publicly-funded institution in Northern Ireland, Scotland or Wales on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

(vi)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;

(vii)provided by an approved (fee cap) provider on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

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

(ix)provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017; or

F2(x)provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland [F3and is a designated undergraduate course in the Republic of Ireland.]]

(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.

(3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.

(4) A first degree course is not a designated course where—

(a)it leads to the award of a professional qualification;

(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c)the current course begins on or after 1st September 2009.

(5) Paragraph (1)(c) does not apply where the person applying for support in connection with the course is—

(a)a disabled student; and

(b)undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to that person’s disability.

(6) 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 the institution has entered into 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].]

(7) Subject to paragraph (4), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a)the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b)part of the course is optional.

(8) Paragraph (7) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(9) For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1).

[F11(10) The Department may revoke or suspend the designation of a course which is designated under this regulation.]

Textual Amendments

F9Words in reg. 6(6)(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), 4(b)

Commencement Information

I1Reg. 6 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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