PART 2Consequential amendments to primary legislation
Employment and Training Act 19732
1
Section 8(4) of the Employment and Training Act 19735 (duty of Secretary of State to ensure provision of careers services for school and college students) is amended as follows.
2
Before paragraph (a), insert—
za
as respects England, as references to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, other than a provider which is also an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992,
3
In paragraph (a), omit “England and”.
Education Reform Act 19883
1
Section 135 of the Education Reform Act 19886 (inspection of accounts) is amended as follows.
2
In subsection (1)7—
a
in paragraph (b), at the end, omit “or”;
b
at the end of paragraph (c), insert—
or
d
any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
3
In subsection (2)8—
a
for “subsection (1)(a) or (c)”, substitute “subsection (1)(a), (c) or (d)”;
b
after “Further and Higher Education Act 1992”, insert “or section 39 or 97 of the Higher Education and Research Act 2017”.
Further and Higher Education Act 19924
In section 91 of the Further and Higher Education Act 19929 (interpretation of Education Acts)—
a
in subsection (5)10 —
i
before paragraph (a), insert—
za
registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017,
ii
in paragraph (b), after “institutions”, insert “in Wales”;
b
after subsection (5), insert—
5ZA
For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).
Value Added Tax Act 19945
Education Act 19946
1
Section 21 of the Education Act 199413 (establishments to which Part II applies) is amended as follows.
2
In subsection (1)—
a
before paragraph (a), insert—
za
any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
b
in paragraph (b), after “institution”, insert “in Wales”.
3
After subsection (2), insert—
2A
For the purposes of subsection (1)(b), institution in Wales has the meaning given by section 62(7) of the Further and Higher Education Act 1992.
Education Act 19967
1
The Education Act 199614 is amended as follows.
2
In section 4 (schools: general)15—
a
in subsection (1), after “and the”, insert “wider”;
b
for subsection (4), substitute—
4
For the purposes of this Act an institution is outside the wider higher education sector if —
a
in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or
b
in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;
and references to institutions within the wider higher education sector are to be construed accordingly.
3
In section 508F (local authorities in England: provision of transport etc for adult learners)16—
a
in subsection (3)17, for “and higher education sectors”, substitute “education sector and the wider higher education sector”;
b
in subsection (7), for “and higher education sectors”, substitute “education sector and the wider higher education sector”.
4
In section 580 (index)18, in the entry “institution outside (or within) the higher education sector”, before “higher”, insert “wider”.
Education Act 20028
1
The Education Act 200219 is amended as follows.
2
In section 14 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc), in subsection (3), for the definition of “teacher”, substitute—
“teacher” does not include a teacher at an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector.
3
In section 16 (terms on which assistance under section 14 is given), in subsection (2A)20—
a
in paragraph (a)—
i
after “within the”, insert “wider”;
ii
after “sector”, insert “unless the institution is also an institution within the further education sector,”;
b
in paragraph (b), for “such an institution”, substitute “an institution within the wider higher education sector, unless, in relation to a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, the institution is also an institution within the further education sector”.
Income Tax (Earnings and Pensions) Act 20039
In section 457(1) of the Income Tax (Earnings and Pensions) Act 200321 (meaning of research institution), for paragraph (a), substitute—
a
any university or other institution receiving a grant (including a recurrent grant towards its costs), loan, financial support, financial assistance, financial resources or payment under—
i
section 65 of the Further and Higher Education Act 1992,
ii
regulations made under section 485 of the Education Act 1996,
iii
section 34 of the Learning and Skills Act 2000,
iv
section 14 of the Education Act 2002,
v
section 86 of the Education Act 2005,
vi
section 100 of the Apprenticeships, Skills, Children and Learning Act 2009, or
vii
section 39 or 97 of the Higher Education and Research Act 2017,
aa
any institution maintained by a local authority in England or Wales in the exercise of their further and higher education functions,
ab
any institution within the higher education sector for the purposes of the Further and Higher Education (Scotland) Act 1992,
ac
any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992,
ad
any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980,
ae
the Queen’s University of Belfast or the University of Ulster,
af
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
ag
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)), or
Licensing Act 200310
In section 16(3) of the Licensing Act 200322 (applicant for premises licence), in the definition of “educational institution”—
a
in paragraph (a)—
i
omit “or higher”;
ii
at the end, omit “or”;
b
after paragraph (a), insert—
aa
an institution within the higher education sector, within the meaning given by section 91(5) of the Further and Higher Education Act 1992, or
c
in paragraph (b), at the end, insert “or section 39 or 97 of the Higher Education and Research Act 2017”.
Education and Skills Act 200811
In section 132(2) of the Education and Skills Act 200823 (providers of independent education or training for 16 to 18 year olds)—
a
in paragraph (b)24—
i
in sub-paragraph (iii), at the end, omit “or”;
ii
after sub-paragraph (iii), insert—
iiia
an institution solely or principally concerned with the provision of higher education, or
b
in paragraph (c), for “and higher education sectors”, substitute “sector”.
Equality Act 201012
In Schedule 22 to the Equality Act 201025 (statutory provisions), after paragraph 3(6)(c) (educational appointments, etc: religious belief), insert—
ca
a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
Children and Families Act 201413
In section 83(2) of the Children and Families Act 201426 (interpretation of Part 3), in paragraph (b) of the definition of “post-16 institution”, for “or which provides only”, substitute “and which is solely or principally concerned with the provision of”.
Digital Economy Act 201714
1
Schedule 8 to the Digital Economy Act 201727 (specified persons for the purposes of the fraud provisions) is amended as follows.
2
In paragraph 27, for “The Higher Education Funding Council for England”, substitute “The Office for Students”28.
3
After paragraph 32, insert—
32A
United Kingdom Research and Innovation.
4
Omit paragraphs 33 to 40.