The School Companies (Private Finance Initiative Companies) Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the 2002 Act” means the Education Act 2002;

“a further education institution” means

(a)

an institution which has been designated by order of the Secretary of State under section 28 of the Further and Higher Education Act 1992(1); or

(b)

an institution conducted by a further education corporation as defined by section 17(1) of the Further and Higher Education Act 1992;

“a higher education institution” means

(a)

an institution conducted by a higher education corporation as defined by section 90(1) of the Further and Higher Education Act 1992;

(b)

a university; or

(c)

an institution which has been designated by order of the Secretary of State as eligible to receive funding from a higher education council under section 129 of the Education Reform Act 1988(2)

“a relevant local education authority” means a local education authority which maintains any schools whose governing bodies are members of the school PFI company;

“a school PFI company” means a company to which these Regulations apply in accordance with Regulation 4;

“supervising authority” means the local education authority designated in accordance with Part 4 of these Regulations to supervise a school PFI company.

(2) For the purpose of these Regulations a school is “subject to special measures” if—

(a) a report of an inspection of the school has been made under either Part 1 of the School Inspections Act 1996(3) or section 65 of the Learning and Skills Act 2000 (4) in which the person making it stated that in his opinion special measures were required to be taken in relation to the school;

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and

(c) the report has not been superseded by any subsequent report in which the person making it stated that in his view special measures were not required to be taken in relation to the school.

(3) For the purposes of these regulations a school “has serious weaknesses” if—

(a) a report of an inspection of the school has been made under Part 1 of the School Inspections Act 1996 in which the person making it stated that in his opinion the school had serious weaknesses; and

(b) that report has not been superseded by a subsequent report stating that, in the opinion of the person writing the report, the school either no longer has serious weaknesses, or stating that special measures are required to be taken in relation to the school.

(1)

1992 c. 13.

(2)

1988 c. 40.

(3)

1996 c. 57.

(4)

2000 c. 21.