The National Minimum Wage (Amendment) (No.2) Regulations 2011

• “compulsory school age” has the meaning given to it by section 8 of the Education Act 19963;

• “further education course” means—

  1. a

     in England, a course of education that is suitable to the requirements of persons who are over compulsory school age and that—

     1. i

        is funded by the Young People’s Learning Agency for England,

     2. ii

        is funded by the Chief Executive of Skills Funding,

     3. iii

        is funded by a local authority,

     4. iv

        leads to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 20094 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, or

     5. v

        leads to a qualification that is approved pursuant to section 98 of the Learning and Skills Act 20005,

     except that it does not include a higher education course;

  2. b

     in Wales, a course of education that is suitable to the requirements of persons who are over compulsory school age and that—

     1. i

        is funded by the Welsh Ministers,

     2. ii

        is funded by a local authority,

     3. iii

        leads to a qualification that is accredited by the Welsh Ministers pursuant to section 30 of the Education Act 19976, or

     4. iv

        leads to a qualification that is approved pursuant to section 99 of the Learning and Skills Act 20007,

     except that it does not include a higher education course;

  3. c

     in Scotland, a course of “fundable further education” as defined in section 5(1) and (2) of the Further and Higher Education (Scotland) Act 20058;

  4. d

     in Northern Ireland, a course of education or training as defined in article 3(1) and (2) of the Further Education (Northern Ireland) Order 19979;

• “Further Education Institution” refers to an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 199210;

• “higher education course” means—

  1. a

     in England and Wales, a course of a description referred to in Schedule 6 to the Education Reform Act 198811;

  2. b

     in Scotland, a course of “fundable higher education” as defined in section 5(3), (4) and (5) of the Further and Higher Education (Scotland) Act 2005;

  3. c

     in Northern Ireland, a course of a description referred to in Schedule 1 to the Further Education (Northern Ireland) Order 1997;

• “Higher Education Institution” refers to an institution within the higher education sector as defined by section 91(5) of the Further and Higher Education Act 1992;