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The Education (Student Support) (No.2) Regulations 2008

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Designated distance learning courses

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117.—(1) A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 115 if it is designated by the Secretary of State under this regulation.

(2) Subject to paragraph (4), the Secretary of State may designate a course under this regulation if in the Secretary of State’s opinion—

(a)the course is mentioned in Schedule 2 other than a course for the initial training of teachers;

(b)the course is a full-time course;

(c)the course is of at least one academic year’s duration; and

(d)students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Secretary of State may disregard—

(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—

(i)registration or enrolment;

(ii)an examination;

(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;

(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.

(4) The Secretary of State may not designate a course as a designated distance learning course if—

(a)it falls within paragraph 7 or 8 of Schedule 2; and

(b)the governing body of a maintained school or Academy has arranged for the provision of the course to a pupil of the school or Academy.

(5) A first degree course is not a designated course where-

(a)it leads to the award of a professional qualification;

(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c)the current course begins on or after 1st September 2009.

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