110.—(1) A course is designated for the purposes of Article 3(1) of the Order and regulation 108 if it is designated by the Department under this regulation.
(2) Subject to paragraph (4), the Department may designate a course under this regulation if in the Department’s opinion—
(a)the course is mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)the course is a full-time course;
(c)the course is of at least one academic year’s duration; and
(d)students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.
(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Department may disregard—
(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—
(i)registration or enrolment;
(ii)an examination;
(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;
(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.
(4) The Department may not designate a course as a designated distance learning course if—
(a)it falls within paragraph 7 or 8 of Schedule 3; and
(b)the governing body of a school has arranged for the provision of the course to a pupil of the school.
(5) A first degree course is not a designated course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.