PART IIELIGIBILITY

Designated courses

5.—(1) A course shall be designated for the purposes of Article 3(1) of the Order and regulation 4(1) if it is—

(a)mentioned in Schedule 2;

(b)either a full-time course or a part-time course for the initial training of teachers;

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

(d)wholly provided by—

(i)an educational institution or institutions in the United Kingdom which are maintained or assisted by recurrent grants out of public funds; or

(ii)such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2) For the purposes of these Regulations a full-time course is a sandwich course or a course—

(a)which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)—

(i)in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and

(ii)in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and

(b)the nature of which is such that a person undertaking it would normally be required to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) for the year.

(3) For the purposes of these Regulations a sandwich course is a course, other than a course for the initial training of teachers referred to in paragraph 4 of Schedule 2, consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.

(4) For the purposes of these Regulations “periods of work experience” means—

(a)periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution; and

(b)in the case of a course which includes the study of one or more modern languages for not less than one half of the time spent studying on the course and which includes periods of residence in a country whose language is a language of the course, such periods of residence during which the student is employed.

(5) For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.

(6) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college of a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.