(1)In this Part—
“denominational character”, in relation to an institution, shall be construed in accordance with subsection (2) below;
“eligible institution” has the meaning given by section 4(2);
“funding agency” has the meaning given by section 3(1);
“governing body”—
in relation to an institution conducted by a company, shall be construed in accordance with any order under section 4(3), and
in relation to a nursery school maintained by a local education authority, shall be construed in accordance with section 4(4);
“qualifying activities” has the meaning given by section 4(1);
“special educational needs” shall be construed in accordance with subsection (3) below; and
“training”, in relation to teachers, shall be construed in accordance with subsection (4) below.
(2)For the purposes of this Part an institution is of a denominational character if—
(a)at least one quarter of the members of the governing body of the institution, or in the case of a school at least one-fifth, are persons appointed to represent the interests of a religion or religious denomination, or
(b)any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
(c)any of the property held for the purposes of the institution is held on trust for or in connection with—
(i)the provision of education, or
(ii)the conduct of an educational institution,
in accordance with the tenets of a religion or religious denomination.
(3)For the purposes of this Part persons with special educational needs are—
(a)children with special educational needs as defined in section 156 of the M1Education Act 1993, or
(b)persons (other than children within the meaning of that section) who—
(i)have a significantly greater difficulty in learning than the majority of persons of their age, or
(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.
(4)It is hereby declared that references in this Part (and elsewhere in the Education Acts) to training, in relation to teachers, include any training or education with the object of fitting persons to be teachers, or better teachers.
(5)Other expressions, if used in this Part and in the M2Education Act 1944, have the same meaning in this Part as in that Act.