# The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016, Regulation 4: Amendment to the 2015 Regulations


For regulation 3 substitute—
“Prescribed description of a qualifying course
3. (1) Subject to paragraph (2), a qualifying course in relation to a 2004 Act plan for the purposes of the transitional period is:
(a) a course of higher education;
(b) designated for the purposes of section 22 of the 1998 Act on the first day of an academic year which begins on or after 1 September 2012; and
(c) provided by an institution in Wales.
(2) A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly-funded.
3A. (1) Subject to paragraph (2), a qualifying course for the purpose of a fee and access plan which is not a 2004 Act plan is a course of higher education capable of being designated by regulations made under section 22 of the 1998 Act (regardless of whether the institution providing the course is publicly-funded).
(2) Where a course is provided by a person on behalf of an institution, that course is not a qualifying course if that person is not a charity.
3B. For the purposes of regulations 3 and 3A, a course is not a qualifying course if:
(a) the first academic year of the course began before 1 September 2012;
(b) it is an end-on course and the preceding course was not a qualifying course by reason of paragraph (a); or
(c) it is a part-time course.”

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Source: https://www.legislation.gov.uk/wsi/2016/276/regulation/4 (the official version)
Page: https://openlegislation.uk/higher-education-qualifying-courses-qualifying-persons-and-supplementary-provision-wales-amendment-regulations-2016/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.