Regulation 5 Designated courses

England and Wales

(1)

Subject to paragraphs F1... F2(2A), F3... (4), (5) F4, (6) and (6A), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a)

mentioned in Schedule 2;

(b)

one of the following—

(i)

F5... a full-time course;

(ii)

a sandwich course; or

(iii)

a course for the initial training of teachers which—

(aa)

begins before 1st September 2010; or

(bb)

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 before1st September 2010;.

F6(c)

of at least one academic year’s duration F7... F8, or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration;

F9(d)

either—

(i)

wholly provided by a registered providerF10... in England;

(ii)

wholly provided by an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iii)

provided by a registered provider on behalf of an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iv)

provided by a registered provider on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(v)

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 or Northern Ireland, or in Wales where the course began before 1st September 2017;

(vi)

provided by a publicly funded institution in Scotland, Northern Ireland or Wales on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(vii)

provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom F11, except where the institution which is situated outside the United Kingdom provides that course on behalf of the registered provider in England;

(viii)

provided by an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom; F12...

(ix)

provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;

F13(x)

provided by a registered or unregistered provider on behalf of a registered provider in England, where the course begins before 1st September 2028; or

(xi)

provided by a qualifying franchised provider (or multiple qualifying franchised providers), on behalf of a registered provider in England, where the course begins on or after 1st September 2028;

(da)

substantially provided in the United Kingdom; and

(e)

for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, F14... F157, 8, 9, 10 or 11 of Schedule 2 F16—

(i)

a course which leads to an award granted or to be granted by a body falling within section 214(2) F17(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.

(2)

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

F18(2ZZA)

For the purposes of section 22 of the 1998 Act and regulation 4, a course is a designated course if it is a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course.

F19(2ZA)

A course is not a designated course if its designation has been revoked or is suspended under paragraph (11).

(2A)

F20A postgraduate pre-registration course is not a designated course if it is a distance learning course.

F21(3)

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

F22(3A)

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

(4)

A course falling within paragraph 7 or 8 of Schedule 2 is not a designated 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.

(5)

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

(6)

A first degree course F23(other than a graduate entry accelerated programme or a graduate entry veterinary course) is not a designated 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.

F24(6A)

A UK dual degree programme is not a designated course.

(7)

For the purposes of paragraph (1)(d)—

(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;

F25(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 F26authority-funded if either the university or the constituent college or institution is authority-funded; F27...

(c)

an institution is not to be regarded as publicly funded F28or 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 F29; and

F30(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 F31in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England.

(8)

Subject to paragraph (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.

(9)

Paragraph (8) 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.

(10)

For the purposes of section 22 of the 1998 Act and regulation 4(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1) F32or (2ZZA).

F33(11)

The Secretary of State may revoke or suspend the designation of a course which is designated under F34this regulation.

Annotations

Textual amendments

F1: Word in reg. 5(1) omitted (28.3.2018) by virtue of The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018 (S.I. 2018/434), regs. 1(2), 7(2)(a) (with reg. 3)
F2: Word in reg. 5(1) 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), 5(2)(a)
F3: Word in reg. 5(1) 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(3)(a)
F4: Words in reg. 5(1) substituted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 5(2)(a)
F5: Words in reg. 5(1)(b)(i) 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(3)(b)
F6: Reg. 5(1)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 6
F7: Words in reg. 5(1)(c) omitted (28.3.2018) by virtue of The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018 (S.I. 2018/434), regs. 1(2), 7(2)(b) (with reg. 3)
F8: Words in reg. 5(1)(c) 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), 5(2)(b)
F9: Reg. 5(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), 4(2)
F10: Words in reg. 5(1)(d)(i) omitted (19.5.2026) by virtue of The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 5(a)
F11: Words in reg. 5(1)(d)(vii) inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 5(b)
F12: Word in reg. 5(1)(d)(viii) omitted (19.5.2026) by virtue of The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 5(c)
F13: Reg. 5(1)(d)(x)(xi) inserted (19.5.2026) by The Education (Student Support) (Amendment) Regulations 2026 (S.I. 2026/459), regs. 1(2), 5(d)
F14: Word in reg. 5(1)(e) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 4(b)(i)
F15: Words in reg. 5(1)(e) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 13
F16: Words in reg. 5(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), 4(b)(ii)
F17: Words in reg. 5(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), 4(3)
F18: Reg. 5(2ZZA) 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)(b)(i)
F19: Reg. 5(2ZA) 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), 4(4)
F20: Reg. 5(2A) 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), 5(3)
F21: Reg. 5(3) 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(3)(c)
F22: Reg. 5(3A) 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(3)(c)
F23: Words in reg. 5(6) inserted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 5(3)
F24: Reg. 5(6A) inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 5(2)(b)
F25: Reg. 5(7)(aa) inserted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 4(c)
F26: Words in reg. 5(7)(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), 5(c)(i)
F27: Word in reg. 5(7)(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), 5(c)(ii)
F28: Words in reg. 5(7)(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), 5(c)(iii)
F29: Word in reg. 5(7)(c) 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), 5(c)(iv)
F30: Reg. 5(7)(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), 5(c)(v)
F31: Words in reg. 5(7)(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), 4(5)
F32: Words in reg. 5(10) 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)(b)(ii)
F33: Reg. 5(11) inserted (15.1.2014) by The Education (Fees and Student Support) (Amendment) Regulations 2013 (S.I. 2013/3106), regs. 1(2), 5
F34: Words in reg. 5(11) 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), 4(6)

Marginal citations

M1: 1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.