17. In regulation 5 (designated courses)—
(a)for paragraph (1)(e) substitute—
“(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);”;
(b)after paragraph (1)(e) insert—
“(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.”;
(c)for paragraph (5)(c) substitute—
“(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;”(1).
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27 and amended by the Higher Education and Research Act 2017 (c. 29), section 122(1) and Schedule 11, paragraph 15(1) and (6). Despite that amendment, S.I. 2018/245 provides that, for the period which begins 1 April 2018 and ends 31 July 2019, section 65(1) to (4) of the Further and Higher Education Act 1992 continues to apply as if paragraph 15 of Schedule 11 to the Higher Education and Research Act 2017 had not been commenced but as if the reference to “matters within the responsibility of the Higher Education Funding Council for England” in section 62(6)(a) of that 1992 Act were a reference to “matters within the responsibility of the Office for Students and, where applicable, United Kingdom Research and Innovation”. The Office for Students is a body corporate established by section 1 of the Higher Education and Research Act 2017.