C21

Prospective affecting provision: section substituted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 28, not commenced as of date of revision.

F66[Interpretation and application of Part

64. (1) This Part applies to—

(a) subject to paragraph (b), programmes of education and training of 3 months or longer duration, and

(b) English language programmes.

(2) In this Part—

"annual charge" shall be construed in accordance with section 65(1);

"Learner Protection Fund" shall be construed in accordance with section 66(1);

"protected programme default event" means, in relation to a programme of education and training offered by a provider—

(a) that will lead to an award that is an award included within the Framework, or

(b) that is an English language programme,

and (in either case) in respect of which programme the provider has accepted moneys from or on behalf of learners, the occurrence of the following circumstances namely—

(i) the provider does not provide the programme for any reason, including by reason of the insolvency or winding up of the provider, or

(ii) enrolled learners have begun but not completed the programme and the provider ceases to provide the programme before that programme is completed for any reason, including by reason of the insolvency or winding up of the provider.

(3) Without prejudice to the generality of the definition of "protected programme default event" in subsection (2) - in the case of a programme of education and training leading to an award that is an award included within the Framework - a provider shall, for the purposes of that definition, be taken to have ceased to provide that programme if—

(a) the Authority withdraws validation of that programme, or

(b) a relevant awarding body, including an awarding body with awards included within the Framework, indicates that it is no longer willing to make that award in respect of that programme.]