The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

Designation of courses for higher technical qualifications

38.  In regulation 2(1) (interpretation)(1)—

(a) after the definition of “allied health profession subject” insert—

““approved HTQ” means an approved technical education qualification (within the meaning of Chapter A1 of Part 1 of the Apprenticeships, Skills, Learning and Children Act 2009(2) (see section A12(1) of that Act)) which is—

(a)

included in the list of qualifications maintained by the Institute for Apprenticeships and Technical Education(3) in accordance with section A2HA of the Apprenticeships, Skills, Learning and Children Act 2009 (list of technical education qualifications); and

(b)

at level 4 or 5—

(i)

on the Framework for Higher Education Qualifications of UK-Degree Awarding Bodies(4), as amended from time to time; or

(ii)

as described in the Ofqual Handbook: General Conditions of Recognition(5), as amended from time to time;”;

(b) for the definition of “preliminary course” substitute—

““preliminary course” means—

(a)

a course mentioned in paragraph 2 to 4 of Schedule 2, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers);

(b)

a course mentioned in paragraph 12 of Schedule 2 that is taken before a full-time degree course; or

(c)

a foundation degree course, or overseas equivalent, taken before a full-time honours degree course;”.

(1)

Definition inserted by S.I. 2017/114.

(2)

2009 c. 22. Chapter A1 of Part 1 was inserted by paragraph 1 of Schedule 1 to the Deregulation Act 2015 (c. 20). It was amended by paragraphs 4 to 6 of Schedule 4 to the Enterprise Act 2016 (c. 12) (“the 2016 Act”), by section 1(2) of, and paragraphs 1 to 24 of Schedule 1 to, the Technical and Further Education Act 2017 (c. 19) (“the 2017 Act”) and by sections 7, 8, 9, 12 and 13 of the Skills and Post-16 Education Act 2022 (c. 21). There are other amendments to Chapter A1 of Part 1 not relevant to these Regulations.

(3)

The Institute for Apprenticeships and Technical Education is established by section ZA1 of the Apprenticeships, Skills, Learning and Children Act 2009. Section ZA1 was inserted by paragraph 2 of Schedule 4 to the 2016 Act and amended by section 1(2)(d) of the 2017 Act.

(4)

Copies of the Framework are available here: https://www.qaa.ac.uk/the-quality-code/qualifications-frameworks or from the Quality Assurance Agency for Higher Education, Southgate House, Southgate Street, Gloucester GL1 1UB.

(5)

Copies of the Handbook is available here: https://www.gov.uk/guidance/ofqual-handbook or from Ofqual, Earlsdon Park, 53 to 55 Butts Road, Coventry CV1 3BH.