Part I Further education
Chapter II Institutions within the further education sector
Designation of institutions for funding by the councils
28 Designation of institutions.
(1)
The Secretary of State may by order designate F1for the purposes of this section any educational institution principally concerned with the provision of one or both of the following—
(a)
full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
(b)
courses of further or higher education,
if the institution meets the requirements of subsection (2) below.
(2)
The institution must be one of the following—
(a)
a voluntary aided school F2(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),
F3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
an institution which is grant-aided or eligible to receive aid by way of grant F4or
(d)
an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.
(3)
For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than F5local authorities who—
(a)
receive any grants under regulations made under F6section 485 of the Education Act 1996, or
(b)
are eligible to receive such grants.
F7(3A)
The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the F5local authority.
(4)
In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.