Further and Higher Education (Scotland) Act 2005

35 Interpretation S

(1) In this Act—

• “the 1980 Act” means the Education (Scotland) Act 1980 (c. 44);

• “the 1992 Act” means the Further and Higher Education (Scotland) Act 1992 (c. 37);

• [F1 college of further education ” means the governing body of a body—

  (a)

  by which fundable further education or fundable higher education is provided; and

  (b)

  which is not a higher education institution;]

• “the Council” means the Scottish Further and Higher Education Funding Council;

• “fundable body” is to be construed in accordance with section 6(2);

• “fundable further education” is to be construed in accordance with section 5(1) and (2);

• “fundable higher education” is to be construed in accordance with section 5(3);

• [F2 “ fundable post-16 education body ” is to be construed in accordance with section 6(2);

• “ higher education institution ” means an institution which is—

  (a)

  a university; or

  (b)

  a designated institution (within the meaning of section 44(2) of the 1992 Act);]

• “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “ the Parliament ” means the Scottish Parliament.

• [F3 “ post-16 education body ” means—

  (a)

  any fundable post-16 education body; and

  (b)

  any college of further education assigned to a regional strategic body by order made under section 7C(1);

• “ recognised ”, in relation to a trade union, has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992;

• “ regional board ” is to be construed in accordance with section 7B(1)(b);

• “ regional college ” means a college of further education designated as a regional college by order made under section 7A(1);

• “ regional strategic body ” is to be construed in accordance with section 7B(1)(a); ]

(2) In this Act, any reference to the governing body of a fundable body means—

(a) in the case of a fundable body conducted by a body corporate, that body corporate;

(b) in the case of a fundable body not falling within paragraph (a), the executive body which has responsibility for the management and administration of the revenue and property of the fundable body and the conduct of its affairs;

(c) in the case of any other fundable body not falling within paragraph (a) or (b) for which the Scottish Ministers by regulations or the Privy Council by order has constituted a governing body, that governing body; and

(d) in any other case, any board of governors of the fundable body or any person responsible for the management of the fundable body, whether or not formally constituted as a governing body or board of governors.

Textual Amendments

F1 Words in s. 35(1) inserted (13.1.2014) by Post-16 Education (Scotland) Act 2013 (asp 12) , s. 23(2) , Sch. para. 8(23)(a)(i) ; S.S.I. 2013/348 , art. 2 , Sch.

F2 Words in s. 35(1) inserted (13.1.2014 for specified purposes) by Post-16 Education (Scotland) Act 2013 (asp 12) , s. 23(2) , Sch. para. 8(23)(a)(iii) ; S.S.I. 2013/348 , art. 2 , Sch.

F3 Words in s. 35(1) inserted (13.1.2014 for specified purposes) by Post-16 Education (Scotland) Act 2013 (asp 12) , s. 23(2) , Sch. para. 8(23)(a)(iv) ; S.S.I. 2013/348 , art. 2 , Sch.