The Education (Mandatory Awards) Regulations 1991

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) Subject to paragraphs (3) and (4), an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more courses of higher education the aggregate duration of which (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 (a part-time course being treated as its full-time equivalent).

(3) A previous course shall be disregarded for the purposes of paragraph (2) 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) .

(4) Nothing in paragraph (2) 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 of higher 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.

(5) 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.

(6) For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and 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 a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.

(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 regulations currently in force are the Education (Teachers) Regulations 1989 (S.I. 1989/1319), amended by S.I. 1989/1541 and 1990/1561.