The Education (Student Support) Regulations (Northern Ireland) 2005

Designated part-time courses

35.—(1) Subject to paragraph (2), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 34 if—

(a) it is mentioned in Schedule 3, otherwise than in paragraph 4 of that Schedule;

(b) it is of at least one academic year’s duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification;

(c) it is wholly provided by an institution or institutions in the United Kingdom which are maintained or assisted by recurrent grants out of public funds or provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not designated by or under regulation 5.

(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 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 shall be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution shall not be regarded as publicly 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.

(3) For the purposes of Article 3 of the Order and regulation 34(1) the Department may designate courses of higher education which are not designated by paragraph (1).