Part I Further education

Chapter II Institutions within the further education sector

Designation of institutions for funding by the councils

I128 Designation of institutions.

1

F9The appropriate authority may by order designate F1for the purposes of this section any educational institution principally concerned with the provision of one or both of the following—

a

full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and

b

courses of further or higher education,

if the institution meets the requirements of subsection (2) below.

2

The institution must be one of the following—

a

a voluntary aided school F2(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

an institution which is grant-aided or eligible to receive aid by way of grant F4or

d

an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.

3

For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than F7local authorities who—

a

receive any grants under regulations made under F5section 485 of the Education Act 1996, or

b

are eligible to receive such grants.

F63A

F10The appropriate authority shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the F7local authority.

F83B

In this section “the appropriate authority”—

a

in relation to an educational institution in England, means the Secretary of State;

b

in relation to an educational institution in Wales, means the Welsh Ministers.

4

In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.