Part 2Further education bodies: insolvency etc

CHAPTER 4Further education bodies: special administration

Supplementary

I135Interpretation of Chapter

1

In this Chapter—

  • “business”, “property” and “security” have the same meaning as in the Insolvency Act 1986;

  • “the court”, in relation to a further education body, means the court having jurisdiction to wind up the body;

  • “education administration application” has the meaning given by section 18;

  • “education administration order” has the meaning given by section 17;

  • “education administration rules” means rules made under section 411 of the Insolvency Act 1986 as a result of section 32 above;

  • “education administrator” means a person appointed by an education administration order and is to be read in accordance with subsection (2) below;

  • “existing student”, in relation to a further education body that is in education administration, means a person who—

    1. a

      is a student at the relevant institution when the administration order is made, or

    2. b

      has accepted a place on a course at the relevant institution when the administration order is made;

  • “financial year” means a period of 12 months ending with 31 March;

  • “member”, in relation to a further education body that is a company, has the same meaning as in the Insolvency Act 1986;

  • “objective of the education administration” is to be read in accordance with section 16;

  • “the relevant institution”—

    1. a

      in relation to a further education corporation, means the institution which the corporation is established to conduct;

    2. b

      in relation to a sixth form college corporation, means the relevant sixth form college as defined by section 90(1) of the Further and Higher Education Act 1992;

    3. c

      in relation to a company conducting a designated further education institution, means that designated further education institution;

  • “Scottish firm” means a firm constituted under the law of Scotland.

2

In this Chapter references to the education administrator of a further education body—

a

include a person appointed under paragraph 91 or 103 of Schedule B1 to the Insolvency Act 1986, as applied by Schedule 3 or 4 to this Act, to be the education administrator of the further education body, and

b

if two or more persons are appointed as the education administrator of the further education body, are to be read in accordance with the provision made under section 21.

3

References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a further education body are to be read in accordance with Part 13 of the Insolvency Act 1986.

4

In relation to a further education body that is a statutory corporation, references in this Chapter to a provision of the Insolvency Act 1986 (except the references in sections 27, 32 and 33 and Schedule 3 and in subsection (2) above) are to that provision as it applies to further education bodies by virtue of section 6.