PART 2ELIGIBILITY

Designated courses5.

(1)

Subject to paragraphs (2), (3) and (4), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a)

listed in Schedule 2;

(b)

one of the following—

(i)

a full-time course;

(ii)

a sandwich course; or

(iii)

a distance learning course F1...;

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

of at least one academic year’s duration;

F3(e)

for a course beginning before 1 September 2017, provided by an institution that was before that date a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom);

F4(ea)

for a course beginning on or after 1 September 2017, provided by—

(i)

a recognised educational institution (whether alone or in conjunction with an institution situated outside the United Kingdom);

(ii)

a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution;

(iii)

an institution that was publicly funded before 1 August 2019 on behalf of a protected English provider.

(f)

for a course beginning on or after 1 September 2017 substantially provided in the United Kingdom; and

(g)

for a course beginning on or after 1 September 2012 which falls within paragraphs 1, 2, 4, 6, 7 or 8 of Schedule 2, a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 198847.

(2)

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

(3)

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

(4)

Paragraph (1)(c) does not apply where the person applying for support under regulation 9 in connection with the course is—

(a)

a disabled eligible student; and

(b)

undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to the person’s disability.

(5)

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;

(b)

a university and any constituent college or institution in the nature of a college of a university is regarded as a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;

F5(c)

an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;

(d)

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.

(6)

A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a)

the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b)

part of the course is optional.

(7)

Paragraph (6) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(8)

For the purposes of section 22 of the 1998 Act and regulation 4(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(9)

The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (8).