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Section 38 Meaning of higher education.C1I1

Scotland

(1)

In this Part of this Act “higher education” is education provided by means of any of the courses falling, for the time being, within this section.

(2)

A course falls within this section if it is—

(a)

a course at a higher level in preparation for a higher diploma or certificate;

(b)

a first degree course;

(c)

a course for the education and training of teachers;

(d)

a course of post-graduate studies (including a higher degree course);

(e)

a course at a higher level in preparation for a qualification from a professional body;

(f)

a course at a higher level not falling within any of paragraphs (a) to (e) above.

(3)

For the purposes of paragraphs (a), (e) and (f) of subsection (2) above a course shall be regarded as providing education at higher level if its standard is higher than the standard of courses in preparation for examinations for—

(a)

the Scottish Certificate of Education at higher grade;

(b)

the Certificate of Sixth Year Studies;

(c)

the General Certificate of Education of England and Wales or Northern Ireland at advanced level; or

(d)

the F1Qualifications Scotland national certificate.

(4)

For the purposes of paragraph (d) of subsection (2) above, post-graduate studies includes a course following the award of a higher diploma or certificate.

(5)

The Secretary of State may by order, from time to time, following consultation with the Council, amend

F2(a)

subsection (2) above by adding or removing any entry relating to a course or by varying any such entry F3; and

(b)

subsection (3) above.

Annotations

Textual amendments

F1

Words in s. 38(3)(d) substituted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 10(3); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

F2

Words in s. 38(5) inserted (1.4.1997) by 1996 c. 43, s. 36, Sch. 5 para. 9(b)(i); S.I. 1997/365, art. 2

F3

Word "and" and sub-para. (b) inserted (1.4.1997) in s. 38(5) by 1996 c. 43, s. 36, Sch. 5 para. 9(b)(ii); S.I. 1997/365, art. 2

Modifications

C1

S. 38: Power to modify conferred (3.5.2001) by 2001 asp 6, ss. 1(6), 5(2)

Commencement

I1

S. 38 wholly in force at 16.5.1992 see s. 63(2) and S.I. 1992/817, art. 3(2), Sch. 1