Part III, Section 91 · Further and Higher Education Act 1992

Contents

91Interpretation of Education Acts.#

(1)This section applies for the interpretation of the Education Acts.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)References to institutions within the further education sector are to—

(a)institutions conducted by further education corporations, and

(b)designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), and

(c)sixth form colleges,

and references to institutions outside the further education sector are to be read accordingly.

(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)References to institutions within the higher education sector are to—

(a)tertiary education providers registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022, other than providers that are also institutions within the further education sector or schools,

(b)institutions in Wales, other than ones falling within paragraph (a), conducted by higher education corporations, and

(c)designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act) , other than institutions falling within paragraph (a),

(za)registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017,

and references to institutions outside the higher education sector are to be read accordingly.

(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5ZA)For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).

(6)References, in relation to a further education corporation or higher education corporation, to the institution—

(a)in relation to any time before the operative date for the purposes of Part I of this Act (defined in section 17 of this Act) or, as the case may be, the transfer date for the purposes of the ^noteEducation Reform Act 1988 (defined in section 123 of that Act), are to the institution the corporation is established to conduct, and

(b)in relation to any later time or to any corporation which is a further education corporation by virtue of section 47 of this Act or a higher education corporation by virtue of section 122ZA or 122A of that Act, are to any institution for the time being conducted by the corporation in the exercise of their powers under this or that Act.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 39

Show every defined term

assessment
includes examination and test.
authorised person
means—
award
means any degree, diploma, certificate or other academic award or distinction and “assessment” includes examination and test.
designated institution
means an institution in relation to which a designation under this section has effect.
employed
means employed under a contract of employment, • “the Education Acts” has the meaning given by section 578 of the Education Act 1996, • “further education” has the meaning given by section 2(3) to (5) of that Act;
financial year
means that period and each successive period of twelve months. 124C 1 The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members. 2 In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act. 3 The following provisions apply where an instrument of government is made under section 124A o
functions
includes powers and duties, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and • “regulations” means regulations made by the Secretary of State or the Welsh Ministers.
further education
has the meaning given by section 2(3) to (5) of that Act;
further education corporation
means a body corporate established under section 15 or 16 of this Act or which has become a further education corporation by virtue of section 33D or 47 of this Act.
further education corporation in England
means a further education corporation established to conduct an institution in England;
further education corporation in Wales
means a further education corporation established to conduct an institution in Wales;
higher education
has the same meaning as in the Education Reform Act 1988, • “higher education corporation” means a body corporate established under section 121 or 122 of the Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section 122ZA or 122A of that Act, • “interest in land” includes any easement, right or charge in, to or over land, • “land” includes buildings and other structures, land covered with water and any interest in land, • “liability” includes obligation, and • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
higher education corporation
means a body corporate established under section 121 or 122 of the Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section 122ZA or 122A of that Act, • “interest in land” includes any easement, right or charge in, to or over land, • “land” includes buildings and other structures, land covered with water and any interest in land, • “liability” includes obligation, and • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
higher education corporation in Wales
means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales.
higher education funding council
includes the Scottish Higher Education Funding Council.
higher education institution
means a university, an institution conducted by a higher education corporation or a designated institution.
instrument
means an instrument of government or articles of government.
interest in land
includes any easement, right or charge in, to or over land, • “land” includes buildings and other structures, land covered with water and any interest in land, • “liability” includes obligation, and • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
land
includes buildings and other structures, land covered with water and any interest in land, • “liability” includes obligation, and • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
land transaction
has the meaning given by section 43(1) of the Finance Act 2003;
land transaction return
has the meaning given by section 76(1) of that Act.
liability
includes obligation, and • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
local authority
has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, •...
local authority institution
means an educational institution, other than a school, maintained or assisted by a local authority.
modifications
includes additions, alterations and omissions and “modify” shall be construed accordingly, and • “regulations” means regulations made by the Secretary of State or the Welsh Ministers.
outer clothing
means— (a) any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear;
prescribed
means prescribed by regulations.
regulations
means regulations made by the Secretary of State or the Welsh Ministers.
relevant authority
means the Commission for Tertiary Education and Research or the Scottish Further and Higher Education Funding Council, and
sixth form college corporation
means a body corporate— (a) designated as a sixth form college corporation under section 33A or 33B, or (b) established under section 33C, •...
the appointed day
means the day appointed under section 94 of this Act for the commencement of subsection (4) above.
the appropriate authority
has the meaning given in section 27.
the appropriate multiplier
means, in relation to a mode of attendance, the figure given in relation to that mode of attendance in column 2 of the table.
the body
means— (a) in the case of a further education corporation or a sixth form college corporation, the corporation, and (b) in the case of the governing body of a designated institution, the governing body;
The dissolution date
means the date specified in a resolution under subsection (1).
the Education Acts
has the meaning given by section 578 of the Education Act 1996, • “further education” has the meaning given by section 2(3) to (5) of that Act;
the first financial year
means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date;
the institution
means— (a) in the case of a further education corporation, the institution which the corporation are established to conduct;
university
includes a university college and any college, or institution in the nature of a college, in a university (except where the context otherwise requires);