Regulation 6 Designated coursesI1

Northern Ireland

(1)

Subject to F1paragraphs (2), (3) and (3A), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—

(a)

mentioned in Schedule 3;

(b)

one of the following—

(i)

a full-time course;

(ii)

a sandwich course; or

(iii)

a part-time course for the initial training of teachers;

F2(bb)

not designated under regulation 107C;

(c)

of at least one academic year’s duration; and

(d)

wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or by a relevant institution of higher education in the Republic of Ireland which (in either case) are maintained or assisted by recurrent grants out of public funds or provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2)

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

(3)

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 to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c)

an institution is not to be regarded as publicly 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 1992^f1.

F3(3A)

Paragraph (1)(bb) does not apply where the person applying for support in connection with the course is—

(a)

a disabled student; and

(b)

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

(4)

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.

(5)

Paragraph (4) 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.

(6)

For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1).

Annotations

Textual amendments

F1: Words in reg. 6(1) substituted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 6(2)(i)
F2: Reg. 6(1)(bb) inserted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 6(2)(ii)
F3: Reg. 6(3A) inserted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 6(3)

Commencement

I1: Reg. 6 in operation at 1.5.2007, see reg. 1

Footnotes

f1: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27