8.— (1) In this Act “approved course” means a course which—

(a) is provided by an approved institution,

(b) subject to subsection (3), requires attendance by a student on a full-time basis, and

(c) has been prescribed as an approved course.

(2) The following matters or any of them are the matters to which the Minister shall have regard for the purposes of prescribing a course pursuant to subsection (1)(c):

(a) the nature and level of the qualification to be awarded to the student on the successful completion by him or her of the course;

(b) whether prior to the coming into operation of this Act the course was a course in respect of which, pursuant to a scheme administered by a local authority or a vocational education committee, grants were provided to students to assist them in attending the course;

(c) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

(d) the educational institution which provides the course;

(e) the duration of the course;

(f) whether the course is an undergraduate or postgraduate course;

(g) whether publicly funded moneys are being used by that educational institution to provide the course;

(h) whether the course leads to a higher education and training award or further education and training award;

(i) resources available for the provision of student support;

(j) the number of hours that a student is required to spend attending the course;

(k) whether the course leads to a qualification that is recognised—

(i) in the case of a qualification awarded following the successful completion of a course at an institution other than an institution mentioned at section 7(1)(e) F12[or (g)], pursuant to arrangements, procedures and systems that constitute for the time being the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999,

(ii) in the case of a qualification awarded following the successful completion of a course at an institution mentioned at section 7(1)(e) F12[or (g)]—

(I) if such recognition is provided for by those laws in that manner, in a manner provided for by the laws of that Member State that corresponds to the arrangements, procedures and systems referred to in subparagraph (i), or

(II) if such recognition is not provided for by those laws in that manner, then otherwise in accordance with the laws of that F13[Member State, or]

F14[(iii) in the case of a qualification awarded following the successful completion of a course at an institution mentioned at section 7(1)(g) —

(I) if such recognition is provided for by those laws in the following manner, in a manner provided for by the laws of a relevant specified jurisdiction that correspond to the arrangements, procedures and systems referred to in subparagraph (i), or

(II) if such recognition is not provided for by those laws in that manner, then otherwise in accordance with the laws of the relevant specified jurisdiction;]

(l) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher or further education, the need to maintain educational standards and the contribution that provision of the course would make to higher education in the State.

(3) (a) Notwithstanding subsection (1)(b), the Minister, with the consent of the Minister for Finance, may prescribe a course that does not require attendance by a student on a full-time basis to be an approved course.

(b) A course prescribed pursuant to this subsection shall be a course that—

(i) is provided in the State, and

(ii) is an undergraduate course.

(c) The Minister, in prescribing a course pursuant to paragraph (a), shall have regard to the following matters:

(i) the matters referred to in subsection (2) (other than paragraph (k)(ii) F15[or (iii)] of that subsection);

(ii) the extent to which the prescribing of the course would assist in addressing educational disadvantage;

(iii) the extent to which the prescribing of the course would assist and encourage participation by persons from sections of society significantly under-represented in the student body availing of higher education;

(iv) the number of modules that may be completed and the extent of educational attainment in each academic year of the course;

(v) the amount of work and contact with teachers and tutors in relation to the course required of a student;

(vi) the period of time required to complete the course when compared to a course that requires attendance by a student on a full-time basis;

(vii) whether the course takes place on the premises of the approved institution;

(viii) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to available resources and the need to promote access to higher education by persons who suffer educational disadvantage.

(4) For the purposes of this Act, and subject to subsection (5), any postgraduate course that may be prescribed pursuant to subsection (1) shall only be a postgraduate course that is provided in the State.

(5) Notwithstanding subsection (4), where the Minister is satisfied to do so because he or she considers that it is necessary having regard to any of the relevant purposes mentioned in subsection (9), he or she may prescribe a postgraduate course that is provided in Northern Ireland as an approved course.

(6) Where a grant is awarded to attend a postgraduate course prescribed pursuant to subsection (5), the grant awarded may include a grant in respect of tuition fees arising in respect of the course.

(7) Where a grant is awarded to attend a postgraduate course prescribed pursuant to subsection (5), then the Minister shall, no less than once a year, conduct a review of the course for the purpose of satisfying himself or herself that it continues to fulfil any one of the relevant purposes mentioned in subsection (9) and, if as a result of such review, the Minister is not so satisfied, he or she shall—

(a) immediately withdraw the grant, and

(b) as soon as may be, make regulations revoking or otherwise causing the cesser of the regulations that comprise the prescribing of the postgraduate course pursuant to subsection (5).

(8) Nothing in subsection (7) shall prevent a student who was in receipt of a grant which was withdrawn pursuant to that subsection from continuing, subject to this Act and the scheme of grants pursuant to which the grant was awarded, to receive the grant concerned until he or she has completed the course in respect of which he or she was awarded the grant.

(9) The following are the relevant purposes to which the Minister shall have regard when prescribing any postgraduate course pursuant to subsection (5) or conducting a review pursuant to subsection (7):

(a) promoting greater tolerance and understanding between the people of the State and Northern Ireland;

(b) promoting the exchange of ideas between the people of the State and Northern Ireland;

(c) promoting a greater understanding of, and respect for, the diversity of cultures on the island of Ireland;

(d) promoting greater integration and cooperation between the people of the State and Northern Ireland.