OpenLegislation

Section 457 Meaning of “research institution”F1

United Kingdom

(1)

In this Chapter “research institution” means—

(F2a)

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,

(F3iii)

section 92, 97, 103 or 104(1)(a) of the Tertiary Education and Research (Wales) Act 2022, ignoring for this purpose any grant, loan, financial support, financial assistance, financial resources or payment received as a collaborating body within the meaning given by section 92(5), 97(3) or 104(2) of that Act, as the case may be,

(iv)

section 14 of the Education Act 2002,

(v)

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

(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

(b)

any institution that carries out research activities otherwise than for profit and that is neither controlled nor wholly or mainly funded by a person who carries on activities for profit.

(2)

The Treasury may by order amend subsection (1) to include in or exclude from the definition of “research institution” a person specified in the order or persons of a description specified in the order.

Annotations

Textual amendments

F1

Pt. 7 Ch. 4A inserted (with effect in accordance with s. 20(5)-(7) of the amending Act) by Finance Act 2005 (c. 7), s. 20(1)

F2

S. 457(1)(a)-(ag) substituted for s. 457(1)(a) (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 9

F3

S. 457(1)(a)(iii) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2026 (S.I. 2026/358), arts. 1(3), 3(2)(a)

Notes on Part 7

Textual amendments

F1

Pt. 7 heading substituted (with effect in accordance with Sch. 22 para. 2(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 2(1)

Modifications

C1

Pt. 7: power to modify conferred (7.4.2005) by Finance Act 2005 (c. 7), s. 21(8)-(10)