§ Mr. Anthony CoombsTo ask the Secretary of State for Education and Science what action he intends to take on the designation of architecture courses for mandatory student awards, following the recent judicial review.
§ Mr. Kenneth ClarkeI have now had an opportunity to consider the judgment in this case. The High Court has ruled that "a first degree course" can include a prescribed programme of study leading to a professional objective, even though a first degree itself is awarded part way through and is followed by further studies. It was not, therefore, correct to conclude that "part 2" architecture courses taken after a first degree could not, as a matter of law, be designated under the Education Act 1962 for the purpose of mandatory awards. The courts, however, made no finding as to whether, on the facts, the architecture146W courses are first degree or comparable courses; and it reaffirmed that the holder of my office has discretion whether or not to designate a course even though he concludes that it is a first degree or comparable course.
The judgment has clarified the scope of designation without disturbing my existing discretionary powers, and I do not propose to appeal against it. I have accordingly re-examined the "part 2" architecture courses in the light of the judgment. On the evidence before me, I have concluded that they are first degree or comparable courses, and that it would be appropriate to designate them for the time being, with effect from the coming into force of amending regulations. This decision is without prejudice to any action that I may wish to take following the separate consultations in progress about the length and structure of architecture courses.
Under the special bursary scheme established for the current academic year, architecture students on "part 2" courses should already have received bursaries of equivalent value to the mandatory awards for which they would otherwise have been eligible if designation had not been withdrawn. I am asking higher education institutions to ensure this. In addition, I intend shortly to lay before the House amendments to the Education (Mandatory Awards) Regulations 1990 to provide an award in the current academic year to any eligible student who has nevertheless not received a bursary. The bursary scheme will be wound up at the end of the current academic year, and mandatory awards will be made available to all eligible "part 2" students from the beginning of academic year 1991–92.