Section 28 Designation of institutions.I1

England and Wales

(1)

F1The appropriate authority may by order designate F2for the purposes of this section any educational institution principally concerned with the provision of one or both of the following—

(a)

full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and

(b)

courses of further or higher education,

if the institution meets the requirements of subsection (2) below.

(2)

The institution must be one of the following—

(a)

a voluntary aided school F3(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

an institution which is grant-aided or eligible to receive aid by way of grant F5or

(d)

an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.

(3)

For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than F6local authorities who—

(a)

receive any grants under regulations made under F7section 485 of the Education Act 1996, or

(b)

are eligible to receive such grants.

F8(3A)

F9The appropriate authority shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local authority.

F10(3B)

In this section “the appropriate authority”—

(a)

in relation to an educational institution in England, means the Secretary of State;

(b)

in relation to an educational institution in Wales, means the Welsh Ministers.

(4)

In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.

Annotations

Textual amendments

F1: Words in s. 28(1) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(a), 36(2)
F2: Words in s. 28(1) substituted (1.4.2001) by 2000 c. 21, s. 143(1)(a) (with s. 150); S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. I
F3: Words in s. 28(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 38 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F4: S. 28(2)(b) repealed (1.10.2000 for E. and 1.4.2001 for W.), by 2000 c. 21, ss. 143(1)(b), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F5: S. 28(2)(d) and the word preceding it added (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(1)(c) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F6: 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. 5(2)
F7: Words in s. 28(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 109 (with ss. 1(4), 561, 562, Sch. 39)
F8: S. 28(3A) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 112 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F9: Words in s. 28(3A) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(a), 36(2)
F10: S. 28(3B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(b), 36(2)

Commencement

I1: S. 28 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1