The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

Designated courses E+W

4.—(1) Subject to paragraphs (4) and (5), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 3 if —

(a) the duration of the ordinary period of registration for the course is—

(i) not less than three academic years; and

(ii) not more than eight academic years;

[F1 (b) it is one of the following—

(i) where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with another such publicly funded institution or with an institution situated outside the United Kingdom);

(ii) where the course begins on or after 1 August 2019, it is provided by—

(aa) a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution within or outside the United Kingdom); or

(ab) a registered English institution on behalf of an English plan provider;]

(c) it is substantially provided in the United Kingdom; and

(d) it is a course which—

(i) leads to a doctoral degree granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 M1 ; and

(ii) the teaching and supervision which comprise the course has been approved by that body.

(2) For the purposes of paragraph (1)(b) and (c)—

(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 course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

(c) a university and any constituent college or institution in the nature of a college of a university is to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded;

[F2 (d) an institution is not regarded as a publicly funded institution or a Welsh funded institution by reason only that—

(i) where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date; or

(ii) where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment;]

(e) a course is not to be regarded as provided on behalf of a publicly funded educational institution where a part of the course is provided by a private institution.

[F3 (2A) For the purpose of paragraph (2)—

(a) “a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992; and

(b) “a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.]

(3) The designated course may, but need not, be a distance learning course.

(4) A course is not a designated course for the purposes of regulation 3 if it is recognised as a designated course for the purposes of—

(a) regulations 5 or 83 of the 2017 Student Support Regulations;

(b) regulation 4 of the 2017 Master's Degree Loans Regulations;

(c) regulation 5 of the 2018 Student Support Regulations.

(5) For the purposes of section 22 of the 1998 Act M2 and regulation 3, the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(6) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (5).

Textual Amendments

F1 Reg. 4(1)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 63(a)

F2 Reg. 4(2)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 63(b)

F3 Reg. 4(2A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 63(c)

Marginal Citations

M1 1988 c. 40; section 214(2) was amended by the Further and Higher Education Act 1992 (c. 13), section 93 and Schedule 8 and the Higher Education and Research Act 2017 (c. 29), section 53.

M2 1998 c. 30.