16.—(1) Subject to paragraphs (2) and (3), the governing body of an institution of further education shall have power, in accordance with any arrangements approved or determined by the Department, to provide, or secure the provision of, higher education.
(2) Paragraph (1) does not apply to higher education provided by means of—
(a)a course for the initial training of teachers;
(b)a full-time higher degree course; or
(c)a course of a description prescribed for the purposes of this paragraph.
(3) Paragraph (1) does not apply to higher education provided by means of a course of a description prescribed for the purposes of this paragraph unless it is provided under arrangements of a prescribed description with a university or other prescribed institution.