Modifications etc. (not altering text)
C1Pt. IV amended: by S.I. 1991/476, art. 2; (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.10; S.I. 1994/2038, art. 3.
C2Pt. IV extended: by S.I.1991/961, art. 2; (E.W.) (1.11.1996) by 1996 c. 56, ss. 19, 583(2), Sch. 1 para.10 (with ss. 1(4), 561, 562, Sch. 39)
(1)The following definitions apply for the interpretation of this Part.
[F1(1A)“Appropriate person” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the National Assembly for Wales.]
(2)“Educational institution”, in relation to England and Wales, means—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Open University;
(c)any institution which provides higher education or further education (or both) which is full-time education being an institution which—
(i)is maintained by grants made by the Secretary of State under [F3section 485 of the Education Act 1996];
(ii)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)is maintained by a [F5local authority as defined in section 579(1) of the Education Act 1996];
F6[(d)any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992]
(e)any city technology college [F7, city college for the technology of the arts or [F8Academy]];
[F9(f)any community, foundation or voluntary school;
F9(g)any community or foundation special school.]
(3)“Educational institution”, in relation to Scotland, means—
(a)any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act;
(b)the Open University;
[F10(c)any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;
(cc)any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by a board of management established under Part I of that Act;]
[F11(d)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]
F12[(da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992]
(e)a technology academy within the meaning of section 68(1) of the 1989 Act;
(f)a public school as defined in section 135(1) of the [F13Education (Scotland) Act 1980 (“the 1980 Act”)];
(g)a grant-aided school as defined in section 135(1) of the 1980 Act;
F14[(h)a self-governing school within the meaning of section 1(3) of the 1989 Act.]
(4)“Joint board”, in relation to Scotland, has the meaning given by section 235(1) of the M1Local Government (Scotland) Act 1973.
(5)“Highway” (and “highway maintainable at the public expense”), “special road” and “trunk road”, in relation to England and Wales, have the same meaning as in the M2Highways Act 1980 and “public road”, “special road” and “trunk road”, in relation to Scotland, have the same meaning as in the M3Roads (Scotland) Act 1984.
[F15(5A)“Litter” includes—
(a)the discarded ends of cigarettes, cigars and like products, and
(b)discarded chewing-gum and the discarded remains of other products designed for chewing.]
(6)“Statutory undertaker” means—
(a)any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking;
(b)any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or
(c)any relevant airport operator (within the meaning of Part V of the M4Airports Act 1986).
Textual Amendments
F1S. 98(1A) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 26
F2S. 98(2)(a) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. II para. 95(a), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
F3Words in s. 98(2)(c)(i) substituted (1.11.1996) by 1996 c. 56, s. 582(1), 583(2), Sch. 37 Pt. I para. 100(a) (with ss. 1(4), Sch. 39).
F4Words in s. 98(2)(c)(ii) repealed (6.11.2006 for E. and 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 10, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt. 3 para. 1)
F5Words in s. 98(2)(c)(iii) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 39
F6S. 98(2)(d) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 95(b); S.I. 1992/831, art. 2, Sch. 3.
F7Words in s. 98(2)(e) substituted (28.7.2000 for specified purposes and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 19 (with s. 150)
F8Words in s. 98(2)(e) substituted (26.7.2002) by Education Act 2002 (c. 32), s. 65(3), Sch. 7 Pt. 2 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2 (as amended by S.I. 2002/2018)
F9S. 98(2)(f)(g) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 23 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F10S. 98(3)(c)(cc) substituted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37) s. 62(2), Sch. 9 para. 13(a); S.I. 1992/817, art. 3(2), Sch. 4.
F11S. 98(3)(d) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 13(b); S.I. 1992/817, art. 3(2), Sch. 1
F12S. 98(2)(da) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 95(c); S.I. 1992/831, art. 2, Sch. 3.
F13Words in s. 98(3)(f) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37) s. 62(2), Sch. 9 para. 13(c); S.I. 1992/817, art. 3(2), Sch. 1
F14S. 98(3)(h) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2
F15S. 98(5A) inserted (E.W.) (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 27, 108(4)(c)
Modifications etc. (not altering text)
C3S. 98(2) applied (E.W.)(1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I.
Commencement Information
I1S. 98 partly in force; s. 98 not in force at Royal Assent see s. 164(2); s. 98(1) (2) (5) (6) in force (E.W) 13.2.1991 by S.I. 1991/96, art. 3
S. 98(3)(4) in force 1.4.1991; s. 98(1)(5)(6) in force (S.) 1.4.1991 see s. 164(3) and S.I. 1991/1042, art. 2
Marginal Citations