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[F1(1)In this Act [F2(subject to [F3subsections (1A) to (1C)])] “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—
(a)primary education,
(b)secondary education, or
(c)both primary and secondary education,
whether or not the institution also provides [F4part-time education suitable to the requirements of junior pupils or] further education.]
[F5(1A)An institution which—
(a)provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and
(b)is not a maintained nursery school,
is not a school.]
[F6(1B)A 16 to 19 Academy is not a school.
(1C)An alternative provision Academy is a school.]
(2)[F7Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) F8. . ..
(3)For the purposes of this Act an institution is outside the further education sector if it is not—
(a)an institution conducted by a further education corporation established under section 15 or 16 of the M1Further and Higher Education Act 1992, or
(b)a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [F9, or
(c)a sixth form college]
and references to institutions within that sector shall be construed accordingly.
(4)For the purposes of this Act an institution is outside the higher education sector if it is not—
(a)a university receiving financial support under section 65 of that Act,
(b)an institution conducted by a higher education corporation within the meaning of that Act, or
(c)a designated institution for the purposes of Part II of that Act (defined in section 72(3) of that Act);
and references to institutions within that sector shall be construed accordingly.
Textual Amendments
F1S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II
F2Words in s. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(2), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)
F3Words in s. 4(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(a); S.I. 2012/924, art. 2
F4Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
F5S. 4(1A) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)
F6S. 4(1B)(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(b); S.I. 2012/924, art. 2
F7Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV
F8Words in s. 4(2) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 10(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV
F9S. 4(3)(c) and word inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 97 (with art. 2(3))
Modifications etc. (not altering text)
C1S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I
Marginal Citations