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7.—(1) Subject to paragraph (3), this regulation applies to institutions which provide further education or higher education (or both) including institutions providing such education for persons who have learning difficulties.
(2) For the purposes of this regulation a person has a “learning difficulty” if–
(a)he has a significantly greater difficulty in learning than the majority of persons of his age; or
(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided for persons of his age in such institutions as are mentioned in paragraph (1) or any class thereof,
but a person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of language) which has at any time been spoken in his home.
(3) This regulation does not apply to–
(a)any institution conducted for profit;
(b)any institution provided by a local education authority;
(c)any institution whose activities are eligible for funding by the Universities Funding Council except the Open University;
(d)any institution within the PCFC funding sector.
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