The Education (Mandatory Awards) Regulations 1989

Exceptions relating to attendance at previous courses

12.—(1) An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.

(2) An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by regulation 10(1)(b) or (c) if he has previously–

(a) successfully completed a course of teacher training designated under sub-paragraph (d)(ii) or (iii) of regulation 10(1); or

(b) attended any other course designated by or under regulation 10(1).

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(3) Subject to paragraphs (4) to (7), an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more full-time, or satisfactorily completed one or more part-time or correspondence, courses ofhigher education and the aggregate duration of–

(a) such full-time courses which he has attended; and

(b) the full-time courses equivalent to such part-time or correspondence courses which he has successfully completed,

(ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in sub-paragraphs (a) to (g) of paragraph 1(1) of schedule 5 and, in the case of a sandwich course, periods of experience) exceeds two academic years; and, for the purposes hereof, a full-time, part-time or correspondence course outside England and Wales which is comparable to a full-time or, as the case may be, part-time course ofhigher education shall be treated as if it were such a course.

(4) A previous course shall be disregarded for the purposes of paragraph (3) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978(1).

(5) A previous course shall be disregarded for the purposes of paragraph (3) if–

(a) the student is such a person as is mentioned in regulation 9(2)(b) being entitled to an award by virtue of Article 12 of the Regulation there mentioned;

(b) the previous course was provided by an institution outside the British Islands but within the European Community; and

(c) the authority are satisfied–

(i) by the student, that he has ceased to attend the previous course without completing it during the year immediately preceding the first year of that course to which his application for an award relates; and

(ii) by the academic authority of the establishment providing that course, that it is comparable, in terms of content, to the uncompleted part of the previous course.

(6) Nothing in paragraph (3) shall affect the duty of an authority to bestow an award on a person–

(a) in respect of his attendance at a course for the post-graduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which–

(i) was for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and

(ii) was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959(2) or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980(3) or Section 218 of the Education Reform Act 1988(4);

(b) in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a) above, unless he has for more than three years held a statutory award in respect of his attendance at a full-time course ofhigher education or a comparable course outside England and Wales;

(c) in respect of his attendance at a course which

(i) does not exceed two years' duration;

(ii) is for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and

(iii) is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under Section 27 of the Education Act 1980 or Section 218 of the Education Reform Act 1988,

unless he has previously attended

(i) a course for the postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or

(ii) a course (of any length) such as is described in sub-paragraphs (a)(i) and (ii) above.

(7) Nothing in paragraph (3) shall affect the duty on an authority to bestow an award on a person if–

(a) he is a refugee, or the spouse or child or a refugee;

(b) the previous course was a full-time course provided by an institution outside the British Islands; and

(c) he satisfies the authority that he ceased to attend the previous course, without completing it, during the four years immediately preceding his entering the United Kingdom.

(8) For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.

(9) (a) For the purposes of this regulation a person shall only be treated as having attended a course if he has attendedand held a statutory award in respect of either more than one course or one course for more than one term and seven weeks of a second term; and it is hereby declared that any reference to a person having attended or completed a course shall be construed as a reference to his having done so before or after the coming into operation of these Regulations.

(b) For the purposes of this regulation a person shall only be treated as having completed a course if he has held a statutory award in respect of that course.

(1)

S.I. 1978/1096, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1959/364, revoked by S.I. 1982/106.

(3)

1980 c. 20; section 27 was repealed and replaced by section 218 of the Education Reform Act 1988 with effect from 1st April 1989.

(4)

1988 c. 40; the Education (Teachers) Regulations 1989 (S.I. 1989/1319) come into force on 1st September 1989 and revoke S.I. 1982/106.