Education Reform Act 1988

New arrangements for funding higher educationE+W+S

F1131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F1S. 131 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 35, Sch.9; S.I. 1992/831, art. 2, Sch.3.

F2132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2S. 132 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 35, Sch.9; S.I. 1992/831, art. 2, Sch.3.

133 Payments F3...in respect of persons employed in the provision of higher or further education.E+W

F4[(1)[F5The Office for Students and the Higher Education Funding Council for Wales each] have power to make payments, subject to such terms and conditions as [F6they] think fit, to—

(a)any [F7local authority] in their area;

(b)the London Residuary Body;

(c)the London Pensions Fund Authority; and

(d)the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.]

(2)In subsection (1) above “relevant expenditure” means—

(a)in relation to a [F7local authority] [F8the London Residuary Body or the London Pensions Fund Authority], expenditure in making payments to or in respect of persons employed or formerly employed at an institution which provides or (in the case of an institution which has ceased to exist since the employment in question came to an end) formerly provided higher education or further education (or both); and

(b)in relation to the governing body of any institution so designated, expenditure in making payments to or in respect of persons employed or formerly employed at the institution.

(3)The reference in subsection (2)(a) above to higher education or further education (or both) shall be read, in the case of an institution which ceased to exist before the date on which section 120 of this Act comes into force, as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect immediately before that date [F9and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date].

(4)Each of the following, that is to say—

(a)a [F7local authority];

F10[(aa)the London Residuary Body;

F10(ab)the London Pensions Fund Authority; and]

(b)the governing body of any institution so designated;

shall give the Council such information as the Council may require for the purposes of the exercise of their power under subsection (1) above.

Textual Amendments

F3Words in s. 133 heading omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 10(2); S.I. 2018/241, reg. 2(s)

F4S. 133(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 67(1); S.I. 1992/831, art. 2, Sch.3.

F5Words in s. 133(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 10(3)(a); S.I. 2018/241, reg. 2(s)

F6Word in s. 133(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 10(3)(b); S.I. 2018/241, reg. 2(s)

F7Words 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), Sch. 2 para. 4(2)