Education Act 2005

Valid from 01/09/2005

Higher Education Act 2004 (c. 8) E+W

25 (1) Section 23 of the Higher Education Act 2004 (duty of Secretary of State to impose condition as to student fees, etc.) is amended as follows. E+W

(2) In subsection (1)—

(a) for “section 7 of the 1994 Act” substitute “ section 81 of the 2005 Act ”, and

(b) for “section 5 of the 1994 Act” substitute “ section 78 of the 2005 Act ”.

(3) In subsection (2), in paragraph (b) of the definition of “funding body”, for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”.

26 E+W In section 24 of the Higher Education Act 2004 (condition to be imposed by English funding bodies), in subsection (4)(c), for “section 5 of the 1994 Act” substitute “ section 78 of the 2005 Act ”.

27 E+W For section 27 of the Higher Education Act 2004 (power of Assembly to impose conditions as to student fees, etc.) substitute—

“27 Power of National Assembly for Wales to impose conditions as to student fees, etc.

(1) The power of the Assembly to impose conditions under section 68(1) of the 1992 Act or section 82(1) or 88(1) of the 2005 Act in relation to grants paid to a funding body includes power to impose a condition requiring the funding body to impose a condition under section 28 in relation to any grants, loans or other payments made by the funding body under section 65 of the 1992 Act, or (as the case may be) section 78 or 86 of the 2005 Act, to the governing body of a relevant institution.

(2) In this section—

• “funding body” means—

  (a)

  the Higher Education Funding Council for Wales, or

  (b)

  the Training and Development Agency for Schools;

• “relevant institution” means an institution specified by the Assembly in a condition under subsection (1), or an institution of a class so specified.”

28 (1) Section 28 of the Higher Education Act 2004 (c. 8) (condition that may be required to be imposed by HEFCW) is amended as follows. E+W

(2) For the heading substitute “ Condition that may be required to be imposed by Welsh funding bodies ”.

(3) In subsection (3), for “the Higher Education Funding Council for Wales” substitute “ the funding body ”.

(4) In subsection (4)(c), for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

(5) In subsection (6), after the definition of “the basic amount” insert—

““funding body” has the same meaning as in section 27;”.

29 E+W In section 29 of the Higher Education Act 2004 (sections 23 to 28: supplementary provisions), in subsection (3)—

(a) for “the 1994 Act” substitute “ the 2005 Act ”, and

(b) for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”.

30 E+W In section 31 of the Higher Education Act 2004 (Director of Fair Access to Higher Education), in subsection (5), for “from the Teacher Training Agency under section 5 of the 1994 Act” substitute “ from the Training and Development Agency for Schools under section 78 of the 2005 Act ”.

31 E+W In section 34 of the Higher Education Act 2004 (approval of plans), in subsection (1) for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

32 E+W In section 37 of the Higher Education Act 2004 (enforcement of plans: England), in subsection (1)(a) for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”.

33 E+W In section 38 of the Higher Education Act 2004 (enforcement of plans: Wales), after “the Council” insert “ or the Training and Development Agency for Schools ”.

34 E+W In section 40 of the Higher Education Act 2004 (provision of information), for “Teacher Training Agency” (in both places) substitute “ Training and Development Agency for Schools ”.

35 (1) Section 41 of the Higher Education Act 2004 (interpretation of Part 3) is amended as follows. E+W

(2) In subsection (1)—

(a) for the definition of “governing body” substitute—

““governing body” is to be read in accordance with subsection (1A);”, and

(b) after the definition of “general provisions” insert—

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

(3) After subsection (1) insert—

“(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.”

(4) In subsection (2)(a), for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

(5) After subsection (2), insert—

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

36 E+W In section 48 of the Higher Education Act 2004 (c. 8) (general interpretation)—

(a) omit the definition of “the 1994 Act”, and

(b) after the definition of “the 1998 Act” insert—

““the 2005 Act” means the Education Act 2005;”.