139.—(1) The Secretary of State may pay support to assist with fees to an eligible part-time student in connection with the student’s attendance on a designated part-time course in Wales, Northern Ireland or Scotland.
(2) The assistance paid under paragraph (1) must not exceed the lesser of—
(a)the maximum amount of assistance that would have been payable to the eligible part-time student under regulation 136(1)(a) had the student been undertaking the course in England; and
(b)the maximum amount of support to assist with fees that in the opinion of the Secretary of State would have been payable according to whether the student attends the designated part-time course in Wales, Northern Ireland or Scotland—
(i)pursuant to regulations made by the Welsh Ministers or the National Assembly for Wales under section 22 of the 1998 Act had the student been ordinarily resident in Wales and undertaking the part-time course in Wales;
(ii)pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 had the student been ordinarily resident in Northern Ireland and undertaking the part-time course in Northern Ireland; or
(iii)from funds of the Scottish Further and Higher Education Funding Council(1) had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.
This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).