In this Part—

• “the 1980 Act” means the Education (Scotland) Act 1980;

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005 (asp 6);

• “early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014 (asp 8);

• “education” includes early learning and childcare, school education, further education and higher education;

• “education authority”, “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act;

• “educational establishment” means—

  1. a

     a school;

  2. b

     an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications;

  3. c

     a further education institution;

  4. d

     a higher education institution,

  and is also to be construed in accordance with paragraph 11(6) to (8);

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992;

• “further education institution” means—

  1. a

     a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act;

  2. b

     a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act;

• “higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992;

• “higher education institution” means—

  1. a

     a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the Further and Higher Education (Scotland) Act 2005;

  2. b

     a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations;

• “managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act;

• “out of school care” means any form of care provided—

  1. a

     outside school hours;

  2. b

     during school holidays;

  to children who are in attendance at a school;

• “proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act.