Education Amendment Act 2011

24  New section 224 substituted
  • Section 224 is repealed and the following section substituted:

    224 Enrolment of students
    • (1) In this section,—

      eligible student, in relation to a programme or training scheme at an institution, means a person who is eligible to be enrolled as a student in that programme or scheme by virtue of subsection (2)

      year means a period of 12 months commencing on 1 January.

      (2) Subject to this section, a person is eligible to be enrolled as a student at any institution in a programme or training scheme provided by the institution if, and only if,—

      • (a) either—

        • (i) the person is a domestic student; or

        • (ii) the council of the institution consents; and

      • (b) the person holds the minimum entry requirements for the programme or scheme as determined by the council; and

      • (c) the person has attained,—

        • (i) if the institution has fixed a minimum age for enrolment at the institution, the age so fixed; and

        • (ii) if the institution has fixed a minimum age for enrolment in the programme or scheme, the age so fixed.

      (3) Subsection (2)(b) and (c) do not apply to a person if—

      • (a) the person has attained the age of 20 years; or

      • (b) the council of the institution is satisfied that the person is capable of undertaking the programme or scheme concerned.

      (4) An eligible student who applies for enrolment in a programme or training scheme at an institution is, subject to this section, entitled to be enrolled in that programme or scheme.

      (5) If the council of an institution is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment, the council may determine the maximum number of students who may be enrolled in a particular programme or training scheme at the institution in a particular year.

      (6) Where—

      • (a) the maximum number of students who may be enrolled at an institution in a particular programme or training scheme in a particular year is determined by the council of the institution under subsection (5); and

      • (b) the number of eligible students who apply for enrolment in that programme or training scheme in that year exceeds the maximum number so determined,—

      the council may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or training scheme.

      (7) The council of an institution must not permit the enrolment at the institution of an international student for all or part of a programme unless—

      • (a) the programme is approved by the Qualifications Authority and the institution is accredited to provide the programme; or

      • (b) the programme is exempted under section 232B.

      (8) The council of an institution must not permit the enrolment at the institution of an international student for all or part of a training scheme unless the scheme is an approved training scheme or exempted under section 232B.

      (9) Except as provided in subsection (11), no international student may be enrolled at an institution if the student's enrolment at the institution would have the effect that a domestic student who is eligible to enrol at the institution and has applied for enrolment would not be able to be enrolled.

      (10) Except as provided in subsection (11), no international student may be enrolled in any programme or training scheme at an institution if the student's enrolment in that programme or scheme would have the effect that a domestic student who is eligible to enrol in the programme or scheme and has applied for enrolment in the programme or scheme would not be able to be enrolled in it.

      (11) Although domestic students may not be able to be enrolled at an institution or in a programme or training scheme at an institution, an international student may be enrolled at the institution, or in that programme or scheme at the institution, if the enrolment is in a vacant place—

      • (a) that the council of the institution established for international students; and

      • (b) whose continued availability is dependent on the fees payable by international students enrolled in it.

      (12) Nothing in this section prevents the council of an institution from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or scheme at the institution, on the ground that—

      • (a) the person is not of good character; or

      • (b) the person has been guilty of misconduct or a breach of discipline; or

      • (c) the person is enrolled for full-time instruction in another institution or in a school; or

      • (d) the person has made insufficient progress in the person's study or training after a reasonable trial at the institution or at another institution.

      (13) The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide such programmes so as to establish common requirements to govern the selection of people for enrolment, and the enrolment of people, in those programmes.