Education and Skills Act 2008

66 Interpretation of Part

(1) In this Part—

• “appropriate full-time education or training” has the meaning given by section 4;

• “contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeship;

• “level 3 qualification” has the meaning given by section 3;

• “proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;

• “relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7;

• “relevant training or education” has the meaning given by section 6;

• “sufficient”, in relation to relevant training or education, is to be construed in accordance with section 8(1).

(2) Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part.

(3) Any reference in this Part to a person’s being in full-time occupation is to be construed in accordance with section 5.

(4) For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person—

(a) is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and

(b) is not in full-time occupation or is not participating in sufficient relevant training.

(5) A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).