Article 5
1. Subject to paragraphs 2 and 3 below, an institution is a prescribed educational establishment within this Part if it is—
(a)a university (including a constituent college, school or other institution of a university);
(b)a central institution or college of education in Scotland within the meaning of the Education (Scotland) Act 1980(1);
(c)a college of education in Northern Ireland within the meaning of the Education and Libraries (Northern Ireland) Order 1986(2);
(d)an institution within the PCFC funding sector for the purposes of the Education Reform Act 1988(3);
(e)a theological college;
(f)any other institution in England or Wales established solely or mainly for the purpose of providing courses of further or higher education;
(g)any other institution in Scotland or Northern Ireland established solely or mainly for the purpose of providing courses of further education.
2. In paragraph 1 above—
“further education” with respect to an educational establishment in England or Wales has the same meaning as in the Education Act 1944(4), with respect to an educational establishment in Scotland has the same meaning as in the Education (Scotland) Act 1980(5), and with respect to an educational establishment in Northern Ireland has the same meaning as in article 5(c) of the Education and Libraries (Northern Ireland) Order 1986(6);
“higher education” has the meaning given by section 120(1) of the Education Reform Act 1988.
3. A Ministry of Defence training establishment for the armed forces is not a prescribed educational establishment within this Part of this Schedule
4. An institution is a prescribed educational establishment within this Part if it is—
(a)a college of nursing and midwifery; or
(b)a college of health established by a regional or a district health authority within the meaning of section 8 of the National Health Service Act 1977(7) or a Health Board within the meaning of section 2 of the National Health Service (Scotland) Act 1978(8).
1980 c. 44: see section 135(1).
S.I. 1986/594 (N.I.3): see article 2(2).
1988 c. 40: see section 120(8).
1944 c. 31: see section 41, substituted by section 120(2) of the Education Reform Act 1988 (c. 40).
1980 c. 44. See section 1(5) to which relevant amendments were made by the Local Government and Planning Scotland Act 1982 (c. 43), Schedule 3, paragraph 37(b)(i) and Schedule 4, Part I.
S.I. 1986/594 (N.I.3).
1977 c. 49: section 8 has been amended by the Health Services Act 1980 (c. 53) sections 1 and 2 and Schedule 1, Part I, paragraph 28 and the National Health Service and Community Care Act 1990 (c. 19), section 1.
1978 c. 29: section 2 has been amended by section 28 of the National Health Service and Community Care Act 1990.