Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   (1)   In this Act —

“accredit” means the according of recognition on the basis of an informed evaluation that the programmes of study offered by an offshore higher education institution and any award it confers satisfy standards prescribed or approved by an accrediting body;

“accrediting body” means a body recognized by the Board in accordance with section 29;

“accreditation” means a determination by an accrediting body that a programme of study offered by an offshore higher education institution and any award it confers satisfy standards prescribed or approved by that accrediting body;

“approved higher education developer” means any person approved by the Minister to carry out development work in a higher education development area under section 42;

“Board” means the Offshore Higher Education Licensing Board established under section 3;

“course” means a defined body of knowledge, skills and attitudes designed to be inculcated over a specified period and to which one or more credits may be awarded;

“credit” means a unit of academic measurement for a prescribed course or set of courses for which a particular recognition is awarded;

“development period” means a period of not more than 25 years prescribed by the Minister under section 46;

“higher education” means the formal learning process which occurs following completion of secondary schooling or its equivalent and which leads to the award of an academic degree or professional certification;

“higher education development area” means an area specified in Schedule 4 which may also be referred to as a University Town;

“higher education product” means an offshore higher education institution approved for incentives by Cabinet under section 37;

“improvement works” means the construction or improvement of a building or structure in a higher education development area but does not include the relocation of an existing offshore higher education institution to a higher education development area;

“initial provisional accreditation” means the first provisional accreditation status requirement in the accreditation process;

“investor” means any person other than a commercial bank who by means of a loan or otherwise provides funding for the carrying out of improvement works in a higher education development area;

“licensed higher education institution” means a higher education institution which holds a valid licence issued by the Board under section 23 or in respect of which such a licence exists;

“licensee” means a person who holds a valid licence issued by the Board under section 23 and includes a licensed higher education institution;

“member”, in relation to the Board, includes any person who is a member of a committee established under section 11(2) or an Evaluation Committee established under section 19;

“Minister” means the Minister responsible for education, unless otherwise specified;

“officer”, in relation to the Board, means the Chairperson, Deputy Chairperson, interim Chairperson or Secretary;

“offshore higher education institution” means an educational institution from a foreign country offering higher education in Saint Lucia, with a defined structure providing for the administration, governance, delivery and certification of a range of programmes of study leading to the granting of academic degrees or certification;

“person” includes a body corporate or an unincorporated body;

“programme of study” means a curriculum comprising a series of courses in an academic or vocational specialty leading to an academic degree or certificate and is approved by an accrediting body;

“project” means an activity as specified in Schedule 5;

“provisional accreditation” means an interim accreditation status that may lead to a full accreditation but is conditional on the fulfillment of a specific requirement or requirements of the accrediting body;

“Recognition Mark” means a character, device, label, brand, seal or other sign authorized by the Minister to be used to identify a licensed higher education institution;

“Secretary” means a person who is designated under section 13 as Secretary to the Board;

“standard” means a defined level of achievement employed as a measurement of the quality of education.

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   (2)   For the purposes of this Act “structure” means a building in use or purchased, constructed, re-constructed, altered, or adapted to be used for the purposes of an offshore higher education institution, whether or not such building is provided by the person carrying on such offshore higher education institution and in use for that purpose.

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   (3)   Where only a part of a structure is used for the purposes of an offshore higher education institution and the capital expenditure on that part of the structure which is not so used —

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      (a)     does not exceed 25% of the total capital expenditure, the whole of the structure is deemed to be used for the purposes of the offshore higher education institution;

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      (b)     exceeds 25% but does not exceed 75% of the total capital expenditure, the portion of such expenditure qualifying for deduction under this part shall be such proportion of such expenditure as the part of the structure so used for the purposes of the offshore higher education institution bears to the entire structure;

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      (c)     exceeds 75%, the entire structure is deemed not to be used for the purposes of the offshore higher education institution.