The Education (Student Support) (Northern Ireland) Order 1998

Interpretation

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the 1986 Order” means the [1986 NI 3.] Education and Libraries (Northern Ireland) Order 1986;

“the Further Education Order” means the [1997 NI 15.] Further Education (Northern Ireland) Order 1997;

“fees”, in relation to attendance on a course, means fees in respect of, or otherwise in connection with, attendance on 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 Article 3;

“modifications” includes additions, alterations and omissions;

“publicly-funded institution” means—

(a)

the Queen’s University of Belfast, the University of Ulster, a college of education or any institution providing further education as defined in Article 3 of the Further Education Order;

(b)

any university or other institution receiving grants, loans or other payments under section 5 or 65 of the [1992 c. 13.] Further and Higher Education Act 1992, or under section 5 of the [1994 c. 30.] Education Act 1994, any institution maintained by a local education authority in exercise of their further and higher education functions, any institution receiving a recurrent grant towards its costs from a further education funding council or any institution receiving a recurrent grant towards its costs under regulations made under section 485 of the [1996 c. 56.] Education Act 1996;

(c)

any institution within the higher education sector for the purposes of the [1992 c. 37.] 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 [1980 c. 44.] Education (Scotland) Act 1980.

(3) Regulations under Article 3 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 Order.

(4) This Order shall be construed as one with the 1986 Order; and accordingly Article 2 of the 1986 Order, in so far as it relates to the interpretation of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.