(1)In this Part, “higher education institution” has the same meaning as in the Further and Higher Education (Scotland) Act 2005 except that it—
(a)includes an institution only if the institution is listed in schedule 2 (fundable bodies) to that Act,
(b)excludes The Open University.
(2)The Scottish Ministers may by regulations modify the definition in subsection (1) so as to exclude a particular institution.
(3)Regulations under subsection (2) are subject to the negative procedure.