(1)The Secretary of State may by order designate as eligible to receive support from funds administered by thecouncils any educational institution principally concerned with the provision of one or both of the following—
(a)full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
(b)courses of further or higher education,
if the institution meets the requirements of subsection (2) below.
(2)The institution must be one of the following—
(a)a voluntary aided school [F1(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)],
[F2(b)an institution (other than a school) assisted by a local education authority, or]
(c)an institution which is grant-aided or eligible to receive aid by way of grant.
[F3or
an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.]
(3)For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than local education authorities who—
(a)receive any grants under regulations made under [F4section 485 of the Education Act 1996], or
(b)are eligible to receive such grants.
[F5(3A)The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local education authority.]
(4)In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.
Textual Amendments
F1Words in s. 28(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 38 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F2S. 28(2)(b) repealed (1.10.2000 for E. and otherwiseprosp.), by 2000 c. 21, ss. 143(1)(b), 153, 154(4), Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I
F3S. 28(2)(d) and the word preceding it added (1.10.2000 for E. and otherwiseprosp.) by 2000 c. 21, ss. 143(1)(c), 154(4) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I
F4Words in s. 28(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 109 (with ss. 1(4), 561, 562, Sch. 39)
F5S. 28(3A) inserted (1.10.2000 for E. and otherwiseprosp.) by 2000 c. 21, ss. 112, 154(4) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I
Commencement Information
I1S. 28 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1