(1)This section applies to a course of education or training—
(a)which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
(b)which leads to an external qualification, and
(c)which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.
(2)Unless the external qualification is approved under section 98 or 99, the course must not be—
(a)funded by an authorised body (as defined in section 100), or
(b)provided by or on behalf of a maintained school.
(3)In relation to a maintained school, the local education authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
(4)The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
(5)An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—
(a)a course for the further training of teachers or youth and community workers;
(b)a post-graduate course (including a higher degree course);
(c)a first degree course;
(d)a course for the Diploma of Higher Education;
(e)a course for the Certificate in Education.
(6)A qualification is awarded by an outside person if it is awarded by a person other than—
(a)the school or institution or employer, or
(b)a member of the staff of the school or institution or employer.
(7)A qualification is authenticated by an outside person if it is awarded by the school or institution or employer and is authenticated by a person other than—
(a)the school or institution or employer, or
(b)a member of the staff of the school or institution or employer.
(8)These are maintained schools—
(a)a community, foundation or voluntary school;
(b)a community or foundation special school.
Commencement Information
I1S. 96 wholly in force at 1.9.2001; s. 96 not in force at Royal Assent see s. 154; s. 96 in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; S.I. 2001/1274, art. 2 Sch. Pt. II