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Determination by Authority.
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10.—(1) Subject to subsection (3), the Authority may determine—
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(a) whether any particular programme of education and training is higher education and training or further education and training, or
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(b) whether the standard of knowledge, skill or competence to be acquired by a learner for the purposes of an award is at the level of a further education and training award or of a higher education and training award.
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(2) In making a determination under subsection (1) the Authority shall have regard, as the Authority considers appropriate, to—
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(a) the programme of education and training concerned, or
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(b) the standard of knowledge, skill or competence acquired by a learner however acquired, or
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(c) the programme of education and training concerned and the standard of knowledge, skill or competence acquired by a learner however acquired.
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(3) A programme of education and training, which leads to the attainment by learners of a standard of knowledge, skill or competence which is not higher than the level at which, before the 3rd day of March, 1999, the National Council for Vocational Awards has made awards, shall be deemed to be further education and training, unless otherwise determined by the Authority under subsection (1).
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