PART 11SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES

Designated distance learning courses78

1

A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 76 if it is designated by the Welsh Ministers under this regulation.

2

Subject to paragraph (4), the Welsh Ministers may designate a course under this regulation if in their opinion—

a

the course is listed 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;

d

students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution providing the course; and

e

subject to paragraph (5), the course began before 1 September 2012.

3

For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Welsh Ministers may disregard—

a

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

c

any period of attendance at the institution providing the course which a student may but is not required to complete by that institution.

4

The Welsh Ministers 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 has arranged for the provision of the course to a pupil of the school.

5

A course which begins on or after 1 September 2012 is a designated distance learning course where—

a

a student transfers to that course pursuant to regulation 87 from a previous designated distance learning course which began before 1 September 2012; and

b

that course would otherwise be a designated course for the purposes of regulation 5.