SCHEDULE 1QUALIFYING COURSES OF EDUCATION
1.
A qualifying course of education is a course of education–
(a)
which subsists for more than 3 calendar months;
(b)
which is not an excepted course;
(c)
with respect to which tuition is principally received otherwise than through correspondence; and
(d)
with respect to which the relevant activities are (insofar as they are normally carried out under the course at particular times) normally so carried out principally between 8.00am and 5.30pm.
2.
(1)
In paragraph 1(b) above, an excepted course means, subject to sub-paragraphs (2) and (3)–
(a)
a course for the further training of teachers or youth and community workers;
(b)
a post-graduate course (including a higher degree course);
(c)
a first degree course;
(d)
a course for the Diploma of Higher Education;
(e)
a course for–
(i)
the Higher National Diploma or Higher National Certificate of the Scottish Qualifications Authority;
(ii)
a Scottish Vocational Qualification Level IV; or
(iii)
the Diploma in Management Studies;
(f)
a course for a diploma, certificate or qualification equivalent to those specified in head (e) above;
(g)
a course for the Post Graduate Certificate in Education;
(h)
a course in preparation for a professional examination at higher level; and
(i)
a course providing education at a higher level (whether or not in preparation for an examination).
(2)
For the purposes of sub-paragraph (1)(h), a professional examination is at higher level if its standard is higher than–
(a)
the standard of examinations at the higher grade of the Scottish Certificate of Education or the Advanced Level for the General Certificate of Education; or
(b)
the assessment for the National Certificate of the Scottish Qualifications Authority for Scottish Vocational Qualification Level III.
(3)
For the purposes of sub-paragraph (1)(i) above, a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses providing education in preparation for any of the examinations or the assessments mentioned in sub-paragraph (2) above.