Regulation 9 Exemption from sections 19 to 21 of the Act for certain educational services

(1)

Sections 19 to 21 of the Act shall not apply to the following services (insofar as they do not fall within section 19(5)(a) of the Act)—

(a)

services provided by a local education authority in carrying out their functions under section 41 or 53 of the Education Act 1944^f1 or by an education authority in carrying out their functions under section 1(3) of the Education (Scotland) Act 1980^f2;

(b)

the provision by a voluntary organisation of social, cultural and recreational activities and facilities for physical education and training, where such activities are designed to promote the personal or educational development of persons taking part in them;

(c)

the provision of facilities for research (including the supervision of or guidance of research) at any relevant establishment;

(d)

the assessment at a relevant establishment—

(i)

of pupils or students in connection with education provided to them by the establishment or by another relevant establishment; or

(ii)

of pupils or students to whom education has not been provided by the establishment where the assessment is undertaken as part of an assessment referred to in head (i) above.

(2)

In this regulation “relevant establishment” means—

(a)

an establishment which is funded by a body mentioned in paragraphs (a) to (k) of section 19(6) of the Act or by a Minister of the Crown; or

(b)

an establishment referred to in section 19(5)(a)(ii) of the Act.

Annotations

Footnotes

f1: 1944 c. 31; section 41 was substituted by section 11 of the Further and Higher Education Act 1992 (c. 13); section 53 was amended by Part I of Schedule 1 to the Education (Miscellaneous Provisions) Act 1948 (c. 40), Schedule 7 to the Education Act 1980 (c. 20) and paragraph 54 of Schedule 12 to the Education Reform Act 1988 (c. 40).
f2: 1980 c. 44.