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.