Further and Higher Education Act 1992

91 Interpretation of Education Acts. E+W

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

F1 (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), [F2 and

(c) sixth form colleges,]

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

[F3 (3A) References to sixth form colleges are to institutions conducted by sixth form college corporations.]

(4) References to a higher education funding council are to [F4 the Higher Education Funding Council for Wales.]

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

[F5 (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,]

(a) universities receiving financial support under section 65 of this Act,

[F6 (aa) universities that are regulated institutions,]

(b) institutions [F7 in Wales] 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),

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

[F8 (5ZA)  For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).]

[F9 (5A) For the purposes of subsection (5)(aa), a regulated institution is an institution to which an approved plan, within the meaning given in section 7 of the Higher Education (Wales) Act 2015, relates.]

(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 M1 Education 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 [F10 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.

Textual Amendments

F1 S. 91(2) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 42, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)

F2 S. 91(3)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(2); S.I. 2009/3317, art. 2, Sch.

F3 S. 91(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(3); S.I. 2009/3317, art. 2, Sch.

F4 Words in s. 91(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 25; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 12)

F5 S. 91(5)(za) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(a)(i)

F6 S. 91(5)(aa) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 4(2); S.I. 2017/239, art. 2

F7 Words in s. 91(5)(b) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(a)(ii) (with reg. 45)

F8 S. 91(5ZA) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(b)

F9 S. 91(5A) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 4(3); S.I. 2017/239, art. 2

F10 Words in s. 91(6)(b) substituted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 26; S.I. 2018/1226, reg. 4(o)

Modifications etc. (not altering text)

C1 S. 91 applied (30.6.1999) by 1991 c. 56, s. 1(2), Sch. 4A para. 11(2) (as inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 1)

C2 S. 91(3)(a)(b) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)

C3 S. 91(5) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(3)(a)(b), Sch. 3)

C4 S. 91(5)(b)(c) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)

Commencement Information

I1 S. 91 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

M1 1988 c. 40.