Modifications etc. (not altering text)
C1Pt. IV amended: by S.I. 1991/476, art. 2; (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.10; S.I. 1994/2038, art. 3.
C2Pt. IV extended: by S.I.1991/961, art. 2; (E.W.) (1.11.1996) by 1996 c. 56, ss. 19, 583(2), Sch. 1 para.10 (with ss. 1(4), 561, 562, Sch. 39)
(1)The following definitions apply for the interpretation of this Part.
(2)“Educational institution”, in relation to England and Wales, means—
(a)any university (within the meaning of the M1Education Reform Act 1988) funded by the Universities Funding Council under section 131 of that Act;
(b)the Open University;
(c)any institution which provides higher education or further education (or both) which is full-time education being an institution which—
(i)is maintained by grants made by the Secretary of State under section 100(1)(b) of the M2Education Act 1944;
(ii)is designated by or under regulations under section 218 of the M3Education Reform Act 1988 as an institution dependent for its maintenance on assistance from local education authorities; or
(iii)is maintained by a local education authority;
(d)any higher education institution funded by the Polytechnics and Colleges Funding Council under section 132 of the Education Reform Act 1988;
(e)any city technology college or city college for the technology of the arts (within the meaning of section 105 of the Education Reform Act 1988);
(f)any county school, voluntary school or maintained special school;
(g)any grant-maintained school.
(3)“Educational institution”, in relation to Scotland, means—
(a)any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act;
(b)the Open University;
(c)a college of further education—
(i)as defined in section 80(1) of the Self Governing Schools (Scotland) Act 1989 (“the 1989 Act”); or
(ii)managed by a company by virtue of section 65(1) of the 1989 Act;
[F1(d)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]
(e)a technology academy within the meaning of section 68(1) of the 1989 Act;
(f)a public school as defined in section 135(1) of the [F2Education (Scotland) Act 1980 (“the 1980 Act”)];
(g)a grant-aided school as defined in section 135(1) of the 1980 Act;
(h)a self-governing school within the meaning of section 1(3) of the 1989 Act.
(4)“Joint board”, in relation to Scotland, has the meaning given by section 235(1) of the M4Local Government (Scotland) Act 1973.
(5)“Highway” (and “highway maintainable at the public expense”), “special road” and “trunk road”, in relation to England and Wales, have the same meaning as in the M5Highways Act 1980 and “public road”, “special road” and “trunk road”, in relation to Scotland, have the same meaning as in the M6Roads (Scotland) Act 1984.
(6)“Statutory undertaker” means—
(a)any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking;
(b)any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or
(c)any relevant airport operator (within the meaning of Part V of the M7Airports Act 1986).
Textual Amendments
F1S. 98(3)(d) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 13(b); S.I. 1992/817, art. 3(2), Sch.1.
F2Words in s. 98(3)(f) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 13(c); S.I. 1992/817, art. 3(2), Sch.1.
Commencement Information
I1S. 98 partly in force; s. 98 not in force at Royal Assent see s. 164(2); s. 98(1) (2) (5) (6) in force (E.W) 13.2.1991 by S.I. 1991/96, art. 3
S. 98(3)(4) in force 1.4.1991; s. 98(1)(5)(6) in force (S.) 1.4.1991 see s. 164(3) and S.I. 1991/1042, art. 2
Marginal Citations