4.—(1) A qualifying course which is prescribed for the purposes of section 24 of the Act is a course of higher education which, subject to paragraph (3), is a course which is designated for the purposes of section 22 of the Teaching and Higher Education Act 1998(1) on the first day of an academic year which begins during the grant period and is provided by an institution in England.
(2) For the purposes of paragraph (1) the reference to an institution in England means an institution whose activities are carried on in England.
(3) 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.
1998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6; the Finance Act 2003 (c.14), section 147 and the Higher Education Act 2004, sections 42 and 43 and Schedule 7.