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Amendment of section 61 of Principal Act (International education mark)
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26. Section 61 of the Principal Act is amended:
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(a) by the insertion of the following subsection after subsection (1):
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“(1A) The Authority may specify variant forms of the international education mark for different groups of providers or classes of programmes, including an international education mark for English language education and training.”,
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(b) by the substitution of the following subsection for subsection (3):
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“(3) Subject to subsection (5), a provider (other than an associated provider) may apply to the Authority for authorisation to use the international education mark:
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(a) if all programmes offered by the provider to international learners lead to one or more awards that are awards included within the Framework;
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(b) in respect of each programme offered by the provider which leads to an award that is an award included within the Framework; or
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(c) in respect of English language programmes.”,
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(c) by the substitution of the following subsection for subsection (5):
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“(5) A provider shall not make an application under subsection (3) unless—
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(a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the requirements under this Part for authorisation to use the international education mark, and
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(b) the provider has established procedures for access, transfer and progression under section 56.”,
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(d) in subsection (6) —
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(i) by the substitution in paragraph (a) of “sections 30, 31, 34, 35 and 36” for “sections 30 and 31”, and
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(ii) by the substitution of the following paragraph for paragraph (b):
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“(b) for the purposes of complying with subsection (5)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider and sections 57, 58 and 59 shall apply as if the provider was a relevant provider.”,
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(e) by the substitution of the following subsection for subsection (7):
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“(7) The Authority shall determine an application under subsection (3) by assessing—
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(a) the compliance of the provider with the code of practice, and
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(b) other than in the case of a previously established university or a linked provider, the suitability of the provider’s quality assurance procedures having regard to the fact that, should its application be granted, the provider will be authorised to use the international education mark,
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and following upon such assessment, the Authority shall:
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(i) subject to subsection (8), authorise the use by the provider of the international education mark where it is satisfied that the provider is in compliance with that code and, in a case to which paragraph (b) applies, that its quality assurance procedures are suitable having regard to the fact referred to in that paragraph; or
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(ii) refuse to authorise the use by the provider of the international education mark giving reasons for the refusal,
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and shall notify the provider in writing of its decision.”,
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and
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(f) in subsection (9) —
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(i) in paragraph (a), by the substitution of “mark,” for “mark, and”,
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(ii) in paragraph (b), by the substitution of “mark, and” for “mark.”, and
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(iii) by the insertion of the following paragraph after paragraph (b):
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“(c) comply with section 65(1).”.
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