Higher Education Act 2004

Supplementary E+W

40 Provision of information E+W

(1) If so requested by the Director, the Higher Education Funding Council for England F1 ... must provide the Director with any information which is in its possession and is reasonably required by the Director for the purposes of his functions.

[F2 (1A) Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of [F3 section 25 of the Charities Act 2011) ].

(1B) Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information to the Director under [F4 section 56 or 57 of the Charities Act 2011].]

[F5 (1C) The Secretary of State may provide the Director with information for the purposes of the exercise by the Director of the Director's functions.]

(2) If so requested by the Higher Education Funding Council for England or the [F6 Secretary of State ], the Director must provide the Council or [F7 the Secretary of State] with any information which is in his possession and is reasonably required by

[F8 (a) the Council for the purposes of its functions, or

(b) the Secretary of State for the purposes of the Secretary of State's functions relating to training for members of the school workforce (within the meaning of Part 3 of the 2005 Act).]

[F9 (3) Subsection (2) does not apply to information which the Higher Education Funding Council for England requires for the purposes of its functions as principal regulator (within the meaning of [F10 section 25 of the Charities Act 2011) ].]

Textual Amendments

F1 Words in s. 40(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 28(2); S.I. 2012/924, art. 2

F2 S. 40(1A)(1B) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 3(2)

F3 Words in s. 40(1A) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 97(a) (with s. 20(2), Sch. 8)

F4 Words in s. 40(1B) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 97(b) (with s. 20(2), Sch. 8)

F5 S. 40(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 28(3); S.I. 2012/924, art. 2

F6 Words in s. 40(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 28(4)(a); S.I. 2012/924, art. 2

F7 Words in s. 40(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 28(4)(b); S.I. 2012/924, art. 2

F8 Words in s. 40(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 28(4)(c); S.I. 2012/924, art. 2

F9 S. 40(3) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 3(3)

F10 Words in s. 40(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 97(c) (with s. 20(2), Sch. 8)

F11 40A Provision of reports, information and advice by the relevant authority in relation to Wales E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 40A omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 20 (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)

41 Interpretation of Part 3 E+W

(1) In this Part—

• “course” does not include any F12 ... postgraduate course other than a course of initial teacher training;

• “the Director” has the meaning given by section 31(1);

• “English approved plan” has the meaning given by section 22(b);

• “fees”, in relation to undertaking a course, means fees in respect of, or otherwise in connection with, undertaking 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 (as defined by subsection (2)),

  (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—

  (i)

  in relation to England, by regulations made by the Secretary of State, F13 ...

  (ii)

  F13 ...

• [F14 “ governing body ” is to be read in accordance with subsection (1A); ]

• “general provisions”, in relation to a plan, has the meaning given by section 33(4);

  [F15 “ institution ” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); ]

• “plan” has the meaning given by section 22(a);

• “the relevant authority” has the meaning given by section 30(1);

• F16 ...

[F17 (1A) In this Act any reference to the governing body of an institution—

(a) in relation to any institution except a training provider falling within paragraph (b), has the meaning given by section 90(1) of the 1992 Act, but subject to any provision made by virtue of section 90(2) of that Act, and

(b) in the case of a training provider who but for subsection (1) would not be regarded as an institution, means the training provider.]

(2) In subsection (1) “publicly-funded institution” means—

(a) any university or other institution receiving grants, loans or other payments under section 65 of the 1992 Act, or under [F18 section F19 ... 86 of the 2005 Act, [F20 or financial assistance under section 14 of the Education Act 2002, ]] any institution maintained by a [F21 local authority ] in the exercise of their further and higher education functions, any institution receiving a recurrent grant towards its costs under regulations made under section 485 of the Education Act 1996 (c. 56) or any institution receiving financial resources under [F22 section F23 ... 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or section] 34 of the Learning and Skills Act 2000 (c. 21);

(b) any institution within the higher education sector for the purposes of the Further and Higher Education (Scotland) Act 1992 (c. 37), 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 Education (Scotland) Act 1980 (c. 44);

(c) the Queen’s University of Belfast, the University of Ulster, a college of education in Northern Ireland within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) or any institution providing in Northern Ireland further education as defined in Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)).

[F24 (3) In subsections (1) and (1A), “ training provider ” has the same meaning as in Part 3 of the 2005 Act. ]

[F25 (4) In subsection (2)(a), “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]

Textual Amendments

F12 Words in s. 41(1) omitted (15.11.2011) by virtue of Education Act 2011 (c. 21), ss. 77(1), 82(1)(g) (with s. 77(2))

F13 Words in s. 41(1) omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 21(a) (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)

F14 Words in s. 41(1) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 35(2)(a)

F15 Words in s. 41(1) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 35(2)(b)

F16 Words in s. 41(1) omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 21(b) (with Sch. paras. 27-30); S.I. 2015/1327, art. 5(s)(iii)

F17 S. 41(1A) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 35(3)

F18 Words in s. 41(2)(a) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 35(4)

F19 Words in s. 41(2)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 29(a); S.I. 2012/924, art. 2

F20 Words in s. 41(2)(a) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 29(b); S.I. 2012/924, art. 2

F21 Words in s. 41(2)(a) 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. 12(a)

F22 Words in s. 41(2)(a) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 51 (with art. 2(3))

F23 Words in s. 41(2)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 22; S.I. 2012/924, art. 2

F24 S. 41(3) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 35(5)

F25 S. 41(4) inserted (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. 12(b)

Commencement Information

I1 S. 41 partly in force; s. 41 in force for E. at Royal Assent, see s. 52(1)

I2 S. 41 in force at 11.2.2011 for W. by S.I. 2011/297, art. 2(f)