(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.