5. In regulation 11—
(a)the existing provisions of the regulation become paragraph (1);
(b)insert after paragraph (1) the following paragraph:
“(2) For the purposes of paragraph (1) an institution which provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999(1) shall not be regarded as maintained or assisted by recurrent grants out of public funds 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(2).”.
(1)
S.I. 1999/2263.
(2)
1992 c. 13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c. 30).