51.—(1) Subject to paragraph (2), a part-time course is designated for the purposes of section 22(1) of the Act and regulation 50 if—
(a)it is mentioned in Schedule 2, otherwise than in paragraph 4 of that Schedule;
(b)it is of at least one academic year’s duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification;
(c)it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and
(d)it is not designated by or under regulation 5.
(2) A course falling within paragraph 6 or 7 of Schedule 2 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(3) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and
(c)an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(1).
(4) For the purposes of section 22 of the Act and regulation 50(1) the National Assembly may designate courses of higher education which are not designated by paragraph (1).
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.