PART 11E+W[F1Eligibility in connection with designated part-time courses and transfers of status etc.]

Textual Amendments

F1Pt. 11 heading substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 8

Designated part-time coursesE+W

139.—(1) Subject to paragraphs [F2(2A),] (3), (4) and (5), a part-time course is designated for the purposes of section 22(1) of the 1998 Act and regulation 137 if—

(a)it is a course mentioned in Schedule 2, other than a course for the initial training of teachers which—

(i)began before 1st September 2010; or

(ii)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers which began before 1st September 2010;

(b)it is of at least one academic year's duration;

(c)it is ordinarily possible to complete the course in not more than—

(i)twice the period ordinarily required to complete the full-time equivalent where the course began before 1st September 2012; or

(ii)four times the period ordinarily required to complete the full-time equivalent where the course begins on or after 1st September 2012;

[F3(d)[F4it is either—

(i)wholly provided by a registered provider, or provided by a registered or an unregistered provider on behalf of a registered provider in England;

(ii)wholly provided by an authority-funded institution in Scotland, Northern Ireland or Wales;

(iii)provided by a registered provider on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(iv)provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly funded institution situated in Scotland, Northern Ireland or Wales on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(v)provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom; or

(vi)provided by an authority-funded institution in Scotland, Northern Ireland or Wales, in conjunction with an institution which is situated outside the United Kingdom;]

(da)it is substantially provided in the United Kingdom;]

(e)for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4,F5... 7 or 8 of Schedule 2[F6—

(i)it is a course which leads to an award granted or to be granted by a body falling within section 214(2) [F7(za), (zb),] (a) or (b) of the Education Reform Act 1988; and

(ii)the teaching and supervision which comprise the course has been approved by that body];[F8and]

(f)it is not designated by or under regulation 5;F9...

F9(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1)(e), “award” means any degree, diploma, certificate or other academic award or distinction.

[F10(2ZAA) A part-time course is designated for the purposes of section 22 of the 1998 Act and regulation 137(1) if it is a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course.]

[F11(2AA) A course is not a designated part-time course if its designation has been revoked or is suspended under paragraph (8).]

[F12(2A) A course mentioned in Schedule 2 is not a designated part-time course for the purposes of support under Part 11B unless it is—

(a)a course which leads to an honours degree or an ordinary degree;

(b)a course which leads to a graduate diploma at an equivalent level to an honours degree or an ordinary degree;

(c)a course which leads to a graduate certificate at an equivalent level to an honours degree or an ordinary degree;

(d)a course which leads to a diploma in respect of a course in—

(i)a dental profession subject; or

(ii)operating department practice;

(e)a course which leads to a foundation degree in respect of a course in a dental profession subject;

(f)a course which leads to a Postgraduate Certificate in Education;

(g)a course which leads to a Professional Graduate Certificate in Education; or

[F13(h)any other course not within sub-paragraphs (f) or (g) which—

(i)is a course of initial teacher training at an accredited institution; and

(ii)leads to a qualification at an equivalent level to—

(aa)a course within sub-paragraphs (f) or (g);

(bb)an honours degree; or

(cc)an ordinary degree.]

F14(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated part-time course where the governing body of a maintained school or Academy has arranged for the provision of such a course to a pupil of the school or Academy.

(4) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.

(5) A first degree course is not a designated part-time course where—

(a)it leads to the award of a professional qualification;

(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c)the current course begins on or after 1st September 2009.

(5A) [F15A postgraduate pre-registration course is not a designated part-time course.]

(6) For the purposes of paragraph (1)—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

[F16(aa)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;]

(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as[F17authority-funded]if either the university or the constituent college or institution is[F17authority-funded];F18...

(c)an institution is not to be regarded as publicly funded[F19or authority-funded]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 1992M1[F20; and]

[F21(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F22in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England].]

(7) For the purposes of section 22 of the 1998 Act and regulation 137(1) the Secretary of State may designate courses of higher education which are not designated by paragraph (1) [F23or (2ZAA)].

[F24(8) The Secretary of State may revoke or suspend the designation of a course which is designated under [F25this regulation].]

Textual Amendments

F2Word in reg. 139(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 13(a)

F3Reg. 139(1)(d)(da) substituted for reg. 139(1)(d) (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 15(a)

F4Reg. 139(1)(d) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(2)(a)

F6Words in reg. 139(1)(e) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 15(b)(ii)

F7Words in reg. 139(1)(e)(i) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(2)(b)

F8Word in reg. 139(1)(e) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(7)(a)

F9Reg. 139(1)(g) and word omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(7)(b)

F11Reg. 139(2AA) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(3)

F12Reg. 139(2A)(2B) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 13(b)

F14Reg. 139(2B) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(4)

F15Reg. 139(5A) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 11

F17Words in reg. 139(6)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(i)

F18Word in reg. 139(6)(b) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(ii)

F19Words in reg. 139(6)(c) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(iii)

F20Word in reg. 139(6)(c) substituted for full stop (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(iv)

F21Reg. 139(6)(d) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(v)

F22Words in reg. 139(6)(d) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(5)

F23Words in reg. 139(7) inserted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(g)(ii)

F25Words in reg. 139(8) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 25(6)

Marginal Citations