Section 140 Further education: generalI1I2
England and Wales
Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.
Regulations under any of sections 136 to 139 may impose a function on—
a F1local authority, or
the governing body of a further or higher education institution.
In sections 136 to 139—
“education” includes vocational, social, physical and recreational training,
“further education institution” means an institution which—
- (a)
provides further education and is maintained by a local authority, or
- (b)
is within the further education sector, and
- (a)
“higher education institution” means an institution which—
- (a)
is within the higher education sector, and
- (b)
receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).
- (a)
For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution.
“Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.
Annotations
Textual amendments
- F1
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
- F2
S. 140(4)(5) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 6; S.I. 2017/239, art. 2
Commencement
- I1
S. 140 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II
- I2
S. 140 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2