Teaching and Higher Education Act 1998

Part IV U.K. Miscellaneous and general

Inspection of vocational training, etc: Wales U.K.

[F2 34 Inspection of vocational training by [F1 Her Majesty’s chief inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru]. E+W

(1) This section applies to training leading to an external qualification which is provided in Wales in pursuance of arrangements made by the Secretary of State under section 2(2)(f) of the M1 Employment and Training Act 1973.

(2) The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing training to which this section applies to be inspected under this section.

(3) A request by the Secretary of State under this section may relate to one or more such persons, and shall specify—

(a) the person or persons concerned, and

(b) the form or forms of vocational training to which the inspection is to relate.

(4) Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5) Any inspection under this section shall be conducted by one or more of the following, namely—

(a) any of Her Majesty’s Inspectors of Schools in Wales, or

(b) any additional inspector authorised under paragraph 2 of Schedule 1 to the M2 School Inspections Act 1996;

but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instructions or guidelines given from time to time by the Secretary of State.

(7) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection, and shall send the report to the Secretary of State.

(8) The Secretary of State may arrange for any report of an inspection under this section to be published in such manner as he considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the Secretary of State as they apply in relation to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).

(9) In this section—

“the Chief Inspector” means [F3 Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

“external qualification” means a vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations.]

Textual Amendments

F1 S. 34: words in sidenote substituted (1.1.2001) by virtue of 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

F2 S. 34 repealed (28.7.2000 for specified purposes and otherwise 1.4.2001 for W. and 1.9.2001 for E. in relation to Sch. 9 of the amending Act) by 2000 c. 21, ss. 149, 153, 154(5), Sch. 9 para. 76, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F3 Words in s. 34(9) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

Marginal Citations

M1 1973 c. 50.

M2 1996 c. 57.

F5 35 Inspection of careers services by [F4 Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru]. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 s. 35: words in sidenote substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

F5 S. 35 repealed (1.4.2007) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2006/1338, art. 5, Sch. 3

F6 35A Inspection of other careers services etc. in Wales. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 35A repealed (1.4.2007) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2006/1338, art. 5, Sch. 3

Funding Councils: England, Wales and Scotland E+W+S

36 Power of funding councils in England and Wales to secure provision of certain further education. E+W+S

(1) Section 3 of the M3 Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.

(2) For subsection (3) there shall be substituted—

“(3) A council may secure the provision of facilities for education within paragraph (a) or (b) of subsection (1) above—

(a) for the population of their area, where they are not required to do so by virtue of that subsection, or

(b) for other persons.”

(3) In subsection (5), for “to which subsection (1) above applies” there shall be substituted “ within paragraph (a) or (b) of subsection (1) above ”.

Marginal Citations

M3 1992 c. 13.

F7 37 Joint exercise of functions of funding councils in Scotland. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 37 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), sch. 3 para. 7(a); S.S.I. 2005/419, art. 2(1)

F8 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F8 S. 38 repealed (1.9.2002) by 2001 c. 10, ss. 38(15), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. Pt. 1

Further and higher education institutions: England and Wales U.K.

39 Unauthorised use of “university” in title of educational institution, etc. U.K.

[F9 (A1) A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) approved by the Office for Students for the purposes of this section.]

(1) A relevant institution in F10 ... Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

(a) authorised by or by virtue of any Act or Royal Charter, or

(b) approved by the Privy Council for the purposes of this section.

(2) A person carrying on [F11 a relevant institution in England or a relevant institution in Wales] shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word “university” unless the inclusion of that word in that name is authorised or approved as mentioned in subsection [F12 (A1) or] (1).

(3) Subsection [F13 (A1),] (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.

(4) For the purposes of subsection [F14 (A1),] (1) or (2) the inclusion of the word “university” in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to—

(a) the affiliation or association of other institutions to the university, or

(b) the accreditation by the university of educational services provided by other institutions.

(5) In approving the inclusion of the word “university” in any name for the purposes of this section [F15 the Office for Students and] the Privy Council shall have regard to the need to avoid names which are or may be confusing.

[F16 (5A) In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.

(5B) Before giving guidance under subsection (5A), the Secretary of State must consult—

(a) bodies representing the interests of English higher education providers,

(b) bodies representing the interests of students on higher education courses provided by English higher education providers, and

(c) such other persons as the Secretary of State considers appropriate.

(5C) The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

(5D) But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.

(5E) Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.]

(6) The Privy Council’s power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

(7) In this section—

[F17 “English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act);]

[F18 “relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017;

“relevant institution in Wales” means—

(a) an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or

(b) an institution in Wales within the higher education sector as defined by section 91(5) of that Act;]

“university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.

[F19 (8) For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.]

Textual Amendments

F9 S. 39(A1) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(2), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F10 Words in s. 39(1) omitted (1.4.2019) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 57(3), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F11 Words in s. 39(2) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(4)(a), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F12 Words in s. 39(2) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(4)(b), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F13 Word in s. 39(3) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(5), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F14 Word in s. 39(4) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(6), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F15 Words in s. 39(5) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(7), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F16 S. 39(5A)-(5E) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(8), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F17 Words in s. 39(7) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(9), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F18 Words in s. 39(7) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(10), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

F19 S. 39(8) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 57(11), 124(5) (with ss. 55, 57(12)); S.I. 2018/1226, reg. 3(b) (with transitional and saving provisions in S.I. 2018/1225, reg. 3)

40 University college, etc., not to be treated as university. E+W

At the end of section 77(4) of the Further and Higher Education Act 1992 (use of “university” in title of institution), there shall be added “ , unless in that name that word is immediately followed by the word “college” or “collegiate”. ”

F20 41 Charitable status of further and higher education corporations. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 41 repealed (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

General U.K.

42 Orders and regulations. E+W+S

(1) Any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.

(2) A statutory instrument containing—

(a) an order under section 7 or 8 [F21 or paragraph 18 of Schedule 1], or

(b) (subject to the following provisions of this section) any regulations under this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (2) does not apply to the first regulations to be made under section 22; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

[F23 (5) That subsection also does not apply to—

(a) any regulations in relation to which paragraph (b) of section 22(7) applies, or

(b) any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.]

[F23 (5) That subsection also does not apply to any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.]

(6) Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(7) Any order or regulations under this Act may make different provision in relation to England and Wales respectively.

(8) Nothing in this Act shall be read as affecting the generality of subsection (6).

(9) F24 ... The Secretary of State shall, before making regulations under Chapter I of Part I of this Act, consult the Council F25 ....

Textual Amendments

F21 Words in s. 42(2)(a) inserted (1.10.2002 for E. and otherwiseprosp.) by 2002 c. 32, ss. 148, 216, Sch. 12 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

F22 S. 42(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 15(a); S.I. 2012/924, art. 2

F23 S. 42(5) substituted (14.1.2006 for E.) by Higher Education Act 2004 (c. 8), s. 52(2), Sch. 6 para. 9; S.I. 2006/51, art. 2

F24 Words in s. 42(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 15(b)(i); S.I. 2012/924, art. 2

F25 Words in s. 42(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 15(b)(ii); S.I. 2012/924, art. 2

43 General interpretation. E+W

(1) In this Act—

• “the Council” means the body corporate referred to in section 1(1);

• “functions” includes powers and duties;

• [F26 “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);]

• “modifications” includes additions, alterations and omissions, and “modify” shall be construed accordingly;

• “prescribed” means prescribed by regulations;

• “registered teacher” means (subject to paragraph 8 of Schedule 2) a person for the time being registered under section 3 [F27 with full or provisional registration];

• “regulations” means regulations made by the Secretary of State under this Act.

(2) In the following provisions of this Act, namely—

(a) sections 12, 15 and 19, and

(b) Schedule 2,

“employer”, in relation to a teacher, includes a [F28 local authority], governing body or other person who engage (or make arrangements for the engagement of) that person to provide his services as a teacher otherwise than under a contract of employment, and “employed”, “employment” and any expressions relating to the termination of employment shall be construed accordingly.

Textual Amendments

F26 Words in s. 43(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 9(4)

F27 Words in s. 43(1) inserted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 10 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2

F28 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 9(2)

44 Minor and consequential amendments and repeals. E+W

(1) The minor and consequential amendments set out in Schedule 3 shall have effect.

(2) The enactments specified in Schedule 4 are repealed to the extent specified.

Commencement Information

I1 S. 44 partly in force; s. 44 not in force at Royal Assent; s. 44(1) in force for certain purposes at 18.7.1998 by S.I. 1998/1729, art. 2; s. 44(2) in force for certain purposes at 13.8.1998 by S.I. 1998/2004, art. 2; s. 44(1)(2) in force at 1.10.1998 for certain purposes by S.I. 1998/2215, art. 2; s. 44(2) in force at 1.1.1999 for certain purposes by S.I. 1998/3237, art. 2(1) (subject to savings in art. 3 and 4) and art. 2(2); s. 44(1) in force at 1.9.1999 so far as it relates to Sch. 3 paras. 10-14 by S.I. 1999/987, art. 2; s. 44(1) in force at 1.9.2000 for certain purposes by 2000/970, art. 3

45 Northern Ireland. E+W+N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M4 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 22 to 26 and 28 or sections 32 and 33—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M4 1974 c. 28.

46 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Teaching and Higher Education Act 1998.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the M5 Education Act 1996.

(3) In this Act—

sections 22 to 31,

sections 42 and 43,

section 45, and

this section,

come into force on the day on which this Act is passed.

(4) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.

(5) Subject to subsections (6) to (9), this Act extends to England and Wales only.

(6) The following provisions extend to Scotland only—

sections 16 and 17,

section 21,

sections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the M6 Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland,

section 31, and

sections 37 and 38.

(7) The following provisions also extend to Scotland—

section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,

section 23 so far as relating to any function exercisable by virtue of any provision so authorised,

sections 32 and 33,

section 39,

section 42, and

this section.

(8) The following provisions extend to Northern Ireland—

section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), [F29 (3)(e), (f), (g) or (h)] or (5) of that section,

section 23 so far as relating to any function exercisable by virtue of any provision so authorised,

section 39,

section 45, and

this section.

(9) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Subordinate Legislation Made

P1 S. 46(4) power partly exercised (17.7.1998): 18.7.1998 appointed for specified provisions by S.I. 1998/1729

S. 46(4) power partly exercised (12.8.1998): 13.8.1998 appointed for specified provisions by S.I. 1998/2004

S. 46(4) power partly exercised (3.9.1998): 1.10.1998 and 1.4.1999 appointed for specified provisions by S.I. 1998/2215

S. 46(4) power partly exercised (21.12.1998): 1.1.1999, 1.2.1999 and 1.4.1999 appointed for specified provisions by S.I. 1998/3237

s. 46(4) power partly exercised (24.3.1999): 1.9.1999 appointed for specified provisions by S.I. 1999/987, art. 2

S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/970, arts. 2, 3

S. 46(4) power partly exercised: 15.8.2000 appointed for specified provisions by S.I. 2000/2199, art. 2

S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2001/1211, arts. 2-4

Textual Amendments

F29 Words in s. 46(8) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 257(3)(4), 269(4); S.I. 2009/3317, art. 2, Sch.

Marginal Citations

M5 1996 c. 56.

M6 1980 c. 44.