OpenLegislation

Section 133 Payments ...in respect of persons employed in the provision of higher or further education.F10C1

England and Wales

F1(1)

F2The Office for Students F3has power to make payments, subject to such terms and conditions as F4it thinks fit, to—

(a)

any F5local authority in F6its area;

(b)

the London Residuary Body;

(c)

the London Pensions Fund Authority; and

(d)

the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.

(2)

In subsection (1) above “relevant expenditure” means—

(a)

in relation to a local authority F7the London Residuary Body or the London Pensions Fund Authority, expenditure in making payments to or in respect of persons employed or formerly employed at an institution which provides or (in the case of an institution which has ceased to exist since the employment in question came to an end) formerly provided higher education or further education (or both); and

(b)

in relation to the governing body of any institution so designated, expenditure in making payments to or in respect of persons employed or formerly employed at the institution.

(3)

The reference in subsection (2)(a) above to higher education or further education (or both) shall be read, in the case of an institution which ceased to exist before the date on which section 120 of this Act comes into force, as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect immediately before that date F8and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date.

(4)

Each of the following, that is to say—

(a)

a local authority;

F9(aa)

the London Residuary Body;

(ab)

the London Pensions Fund Authority; and

(b)

the governing body of any institution so designated;

shall give the Council such information as the Council may require for the purposes of the exercise of their power under subsection (1) above.

Annotations

Textual amendments

F1

S. 133(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 67(1); S.I. 1992/831, art. 2, Sch.3.

F2

Words in s. 133(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 10(3)(a); S.I. 2018/241, reg. 2(s)

F3

Word in s. 133(1) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 5(5)(a) (with s. 19); S.I. 2024/806, art. 2(k)(iii) (with art. 28)

F4

Words in s. 133(1) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 5(5)(b) (with s. 19); S.I. 2024/806, art. 2(k)(iii) (with art. 28)

F5

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), Sch. 2 para. 4(2)

F6

Word in s. 133(1)(a) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 5(5)(c) (with s. 19); S.I. 2024/806, art. 2(k)(iii) (with art. 28)

F7

Words in s. 133(2)(a) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(2); S.I. 1992/831, art. 2, Sch. 1.

F8

Words in s. 133(3) added (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(3); S.I. 1992/831, art. 2, Sch. 1.

F9

S. 133(4)(aa)(ab) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(4); S.I. 1992/831, art. 2, Sch. 1.

F10

Words in s. 133 heading omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 10(2); S.I. 2018/241, reg. 2(s)

Modifications

C1

S. 133 amended(retrospectively) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 67(5); S.I. 1992/831, art. 2, Sch. 1.

S. 133 modified (1.4.1993) by S.I. 1993/563, art. 2(b)(i), Sch.1

Notes on Part II

Modifications

C1

Pt. II (ss. 120-161) modified (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 84(2); S.I. 1992/831, art. 2, Sch.1.

Notes on Chapter II

Modifications

C1

Pt. II Ch. II (ss. 121-138) modified (temp. until 31. 3. 1993) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(1); S.I. 1992/831, art. 2, Schs.1 and 3.