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5U.K.The performance, by any person of the age of seventeen undergoing instruction in animal husbandry, of any operation mentioned in paragraph 4(a) or (b) above and the disbudding of a calf by any such person or by a person of or over the age of eighteen undergoing such instruction, if, in each case, either of the following conditions is complied with, that is to say—
(a)the instruction in animal husbandry is given by a person registered in the register of veterinary surgeons or the supplementary veterinary register and the operation is performed under his direct personal supervision;
(b)the instruction in animal husbandry is given at a recognised institution and the operation is performed under the direct personal supervision of a person appointed to give such instruction at the institution.
F1[In this paragraph “recognised institution” means—
(i)as respects Great Britain, an institution maintained or assisted (in England and Wales) by a [F2local authority] or (in Scotland) by an education authority or in either case an institution for the giving of further education as respects which a grant is paid by the Secretary of State or an institution recognised for the purposes of this paragraph by the Secretary of State; and
(ii)as respects Northern Ireland, an agricultural college maintained by the Ministry of Agriculture for Northern Ireland.]
[F1In the foregoing paragraph “recognised institution” means—
(a)as respects England and Wales—
(i)an institution maintained or assisted by a [F2local authority] ;
[F3(iA)an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992]
(ii)any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or
(iii)an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;
(b)as respects Scotland—
[F4(i)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;
(iA)any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under that Act;]
(ii)a central institution within the meaning of the Education (Scotland) Act 1980; F5. . .
(iii)an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; [F6or
(iv)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]and
(c)as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;
and expressions used in paragraph (a) of this paragraph and in [F7the Education Act 1996] have the same meanings as in that Act.]
Textual Amendments
F1Words in Sch. 3 beginning "In the foregoing" expressed to be substituted for words beginning “and in this paragraph “recognised institution” (which latter words were to be found in Sch. 3 as originally enacted) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(1), Sch. 12 Pt. III para. 66
F2Words in Sch. 3 para. 5 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. 22
F3Sch. 3: in the definition of "recognised institution" para. (a)(iA) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 70; S.I. 1992/831, art. 2, Sch. 3.
F4Sch. 3: sub-paras. (i)(iA) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 substituted (1.4.1993) for sub-para. (i) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(a); S.I. 1992/817, art. 3(2), Sch. 4.
F5Sch. 3: word after sub-para. (ii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 omitted (16.5.1992) by virtue of Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(b); S.I. 1992/817, art. 3(2), Sch. 1.
F6Sch. 3: words after sub-para. (iii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(c); S.I. 1992/817, art. 3(2), Sch. 1.
F7Sch. 3: in the definition of “recognised institution” words substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 12 (with s. 1(4), Sch. 39 paras. 30, 36, 39)
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