Regulation 4 Meaning of “higher education”I1

England and Wales

(1)

“Higher education” (“addysg uwch”) for the purposes of section 23C(5A) of the 1989 Act is prescribed as a course of education that is—

(a)

one of the following—

(i)

a first degree;

(ii)

a course for the Diploma of Higher Education;

(iii)

a course for the Higher National Diploma of the Business and Technician Education Council or F1Qualifications Scotland;

(iv)

a course for the initial training of teachers;

(v)

a course for the further training of youth and community workers;

(vi)

a course (for entry to which a first degree or equivalent qualification is not normally required) in preparation for a professional examination at a higher level;

(b)

of at least two academic years' duration (as a full-time course or as a part-time course expressed as its full time equivalent); and

(c)

designated by or under Regulations made under section 22(1) of the Teaching and Higher Education Act 1998^f1 on the date on which the former relevant child^f2 starts the course.

(2)

For the purposes of sub-paragraph (vi) an examination at a higher level is one that is of a standard higher than—

(a)

the examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b)

the examination for the National Certificate or the National Diploma of the Business and Technician Education Council or F2Qualifications Scotland.

Annotations

Textual amendments

F1: Words in reg. 4(1)(a)(iii) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 11(2)(a); S.S.I. 2026/2, sch. Pt. 1
F2: Words in reg. 4(2)(b) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 11(3)(a); S.S.I. 2026/2, sch. Pt. 1

Commencement

I1: Reg. 4 in force at 17.3.2011, see reg. 1(2)

Footnotes

f1: 1998 c. 30. At the time of making these Regulations relevant Regulations are the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 (S.I. 2009/2737) and the Education (Student Support) (Dance and Drama) Regulations 1999 (S.I. 1999/2263).
f2: “Former relevant child” is defined in section 23C(1) of the 1989 Act. These Regulations relate to a former relevant child for whom a local authority in Wales was last responsible.