19(1)Section 26 of the Teaching and Higher Education Act 1998 (which relates to the imposition of conditions as to fees at higher education institutions and is to be repealed by the Higher Education Act 2004 (c. 8)) is amended as follows.E+W
(2)In subsection (3)—
(a)for “section 7(1) of the 1994 Act” substitute “ section 81(1), 82(1) or 88(1) of the 2005 Act ”,
(b)in paragraph (c), for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”, and
(c)for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.
(3)In subsection (9)—
(a)for the definition of “the 1994 Act” substitute—
““the 2005 Act” means the Education Act 2005;”,
(b)after the definition of “course” insert—
““governing body”, in relation to a training provider within the meaning of Part 3 of the 2005 Act who would not apart from this subsection be regarded as an institution, means the training provider;
“institution” includes any training provider within the meaning of Part 3 of the 2005 Act (whether or not the training provider would apart from this subsection be regarded as an institution);”.
(4)In subsection (11)—
(a)for “the 1994 Act” substitute “ the 2005 Act ”, and
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 para. 19(4)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 32; S.I. 2012/924, art. 2
20(1)In section 28(1) of the Teaching and Higher Education Act 1998 (interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded institution” (which is to be repealed by the Higher Education Act 2004 (c. 8)), for “section 5 of the Education Act 1994” substitute “ section 78 or 86 of the Education Act 2005 ”.E+W
(2)In section 28(1) of the 1998 Act, references to an institution in that definition and in the definition of “fees” (which is also to be repealed by the Higher Education Act 2004 (c. 8)) are to be read in accordance with section 26(9) of the 1998 Act as amended by paragraph 19(3)(b) of this Schedule.
(3)In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30).