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3.—(1) Where an HE institution in Wales provides secondary education or further education for students who have not attained the age of nineteen, sections 33A to 33L, 33N and 33O of the 2000 Act(1) and the Regulations apply in relation to that HE institution with the modifications set out in the following paragraphs.
(2) The references to “institution” or “institutions” in sections 33C(2), 33D(1), (2) and (4), 33E(4), 33F, 33G(1) and (3), 33H, 33I(1) and (3), 33J(1), 33K(5) and (6) and 33L of the 2000 Act and in the Regulations have effect as though they included references to an HE institution providing secondary education or further education for students who have not attained the age of nineteen.
(3) The reference to “relevant students” in section 33C(2) of the 2000 Act has effect, in relation to an HE institution, as though it were a reference to students for whom the HE institution is their relevant institution (in accordance with a determination under section 33D of the 2000 Act).
(4) The references to “governing body” in sections 33D(2), 33F(1), 33G(3), (4), 33H, 33I(3), (4), 33J(1)(c), 33K(4)(c) and (5)(b) and 33L of the 2000 Act have effect, in relation to an HE institution, as though they included references to the board, committee or other persons responsible for the management of the faculty, department or college of the HE institution which faculty, department or college delivers the secondary education or further education for students who have not attained the age of nineteen.
(5) Section 33K(4) of the 2000 Act has effect as though there were added at the end of that sub-section, the following—
“; and
the board, committee or other persons responsible for the management of a faculty, department or college of an HE institution, which faculty, department or college delivers the secondary education or further education for students who have not attained the age of nineteen provided by the institution and which faculty, department or college is situated within the area of the authority.”.
(6) The references to “principal” in sections 33F, 33G(1), (4), 33I(1), (4) and 33J(1) of the 2000 Act and in the Regulations have effect, in relation to an HE institution, as though they were references to the head of the faculty, department or college of the HE institution which faculty, department or college is responsible for delivering the secondary education or the further education for students who have not attained the age of nineteen.
Sections 33A to 33L, 33N and 33O of the 2000 Act were inserted by sections 22 to 33, 35 and 36 of the Learning and Skills (Wales) Measure 2009.
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