Part 1Further and higher education etc.

Provision of further and higher education etc.

I15Fundable further and higher education

1

In this Act (subject to subsection (2)), “fundable further education” means any programme of learning (which is not school education within the meaning of the 1980 Act) which—

a

prepares a person for a vocational qualification;

b

prepares a person for—

i

a qualification awarded by the Scottish Qualifications Authority; or

ii

a General Certificate of Education qualification of England and Wales or Northern Ireland;

c

prepares a person for access to a course of fundable higher education;

d

is designed to assist persons whose first language is not English to achieve any level of competence in English language;

e

provides instruction for persons who are participating in a programme of learning referred to in this subsection and who have support needs; or

f

prepares a person for participation in any programme of learning referred to in this subsection.

2

In this Act, “fundable further education” also includes education of a type described in subsection (5)(b)(ii) to (iv) of section 1 (duty of education authorities to secure provision of education) of the 1980 Act.

3

In this Act, “fundable higher education” means any course of education which—

a

is a course at a higher level in preparation for a higher diploma or certificate;

b

is a first degree course;

c

is a course for the education and training of teachers;

d

is a course of post-graduate studies (including a higher degree course);

e

is a course at a higher level in preparation for a qualification from a professional body;

f

is a course at a higher level not referred to in any of paragraphs (a) to (e);

g

provides instruction for persons who are participating in a course of education referred to in this subsection and who have support needs; or

h

is designed predominantly to prepare a person for participation in any course of education referred to in this subsection.

4

For the purposes of subsection (3)(a), (e) and (f), a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses in preparation for examinations for—

a

the Scottish Vocational Qualification Level 3;

b

the Scottish Certificate of Education at Advanced Higher;

c

the General Certificate of Education of England and Wales or Northern Ireland at advanced level; or

d

the Scottish Qualifications Authority national certificate.

5

For the purposes of subsection (3)(d), post-graduate studies includes a course following the award of a higher diploma or certificate.

6

The Scottish Ministers may by order modify subsections (1) to (5).

7

Before making an order under subsection (6), the Scottish Ministers must consult the Council.