Teaching and Higher Education Act 1998

28 Interpretation of Chapter I. E+W

(1) In this Chapter—

[F1 “fees”, in relation to [F2 undertaking] a course, means fees in respect of, or otherwise in connection with, [F2 undertaking] the course, including admission, registration, tuition and graduation fees but excluding—

(a) fees payable to an institution for awarding or accrediting any qualification where the institution does not provide the whole or part of the course and is not a publicly-funded institution;

(b) fees payable for board or lodging;

(c) fees payable for field trips (including any tuition element of such fees);

(d) fees payable for attending any graduation or other ceremony; and

(e) such other fees as may be prescribed;]

“further education course” and “higher education course” have the meaning given by regulations under section 22;

[F1 “publicly-funded institution” means—

(a) any university or other institution receiving grants, loans or other payments under section F3 ... 65 of the M1 Further and Higher Education Act 1992, or under [F4 section 78 or 86 of the Education Act 2005], any institution maintained by a [F5 local authority] in exercise of their further and higher education functions, any institution receiving a recurrent grant towards its costs F6 ... under regulations made under section 485 of the M2 Education Act 1996 [F7 or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000];

(b) any institution within the higher education sector for the purposes of the M3 Further and Higher Education (Scotland) Act 1992, any college of further education within the meaning of section 36(1) of that Act or any central institution within the meaning of section 135(1) of the M4 Education (Scotland) Act 1980;

(c) the Queen’s University of Belfast, the University of Ulster, a college of education in Northern Ireland within the meaning of Article 2(2) of the M5 Education and Libraries (Northern Ireland) Order 1986 or any institution providing in Northern Ireland further education as defined in Article 3 of the M6 Further Education (Northern Ireland) Order 1997.]

(2) Regulations under section 22 may provide for courses provided wholly or partly outside the United Kingdom to be further education courses or (as the case may be) higher education courses for the purposes of this Chapter.

Textual Amendments

F1 Words in s. 28(1) repealed (14.1.2006 for E.) by Higher Education Act 2004 (c. 8), s. 52(6), Sch. 6 para. 8, Sch. 7; S.I. 2006/51, art. 2

F2 S. 28(1): words in the definition “fees” substituted (1.10.2000) by 2000 c. 21, s. 146(5); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F3 S. 28(1): words in para. (a) of the definition of “publicly-funded institution” repealed (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 75(a), Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/2174, art. 2(1), Sch. Pt. I

F4 Words in s. 28(1) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 20(1)

F5 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 9(2)

F6 S. 28(1): words in para. (a) of the definition of “publicly-funded institution” repealed (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 75(b), Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F7 S. 28(1): words in para. (a) of the definition of “publicly-funded institution” inserted (28.7.2000 for specified purposes otherwise and 1.4.2001 for further specified purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 75(c); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal Citations

M1 1992 c. 13.

M2 1996 c. 56.

M3 1992 c. 37.

M4 1980 c. 44.

M5 S.I. 1986/594 (N.I.3).

M6 S.I. 1997/1772 (N.I.15).