Paragraph 1 Interpretation

In this Schedule—

• “CA 2006” means the Companies Act 2006 M1;

• “EA 1996” means the Education Act 1996 M2;

• “IA 1986” means the Insolvency Act 1986 M3;

• “NHSA 2006” means the National Health Service Act 2006 M4;

• “NHSWA 2006” means the National Health Service (Wales) Act 2006 M5;

• “TPR 2010” means the Teachers' Pensions Regulations 2010 M6;

• “TSAVCR 1994” means the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 M7;

• “Academy”F1, “Academy school”, “16 to 19 Academy” and “alternative provision Academy” must be construed in accordance with section 579 of EA 1996;

• “best value arrangement” means a contract or other arrangement made with a local authority for the provision of, or the making available of, services for the purposes of, or in connection with, the exercise of an education function of that local authority;

• F2...

• “education functions” must be construed in accordance with section 579 of EA 1996;

• “European School” means an establishment satisfying article 2 of the European Communities (European Schools) Order 1972 M8;

• “function provider” means a body corporate other than a local authority which—

  1. (a)

     is specified in a direction under section 497A(4) of EA 1996,

  2. (b)

     is nominated under section 497A(4A) of EA 1996 or section 15 of the Local Government Act 1999 M9, or

  3. (c)

     provides or makes available services under a best value arrangement;

• “further education” has the meaning given in section 2(3) of EA 1996;

• “guarantee F3type A” means—

  1. (a)

     in paragraph 2, a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the scheme manager in respect of sums due, under these Regulations and TSAVCR 1994, from the proprietor and from any other person by whom teachers are employed at the establishment;

  2. (b)

     in paragraph 3, a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the scheme manager in respect of sums due from the function provider under these Regulations and TSAVCR 1994;

• “higher education” has the meaning given in section 120(1) of the Education Reform Act 1988 M10;

• “non-profit-making body” means a body, the constitution of which—

  1. (a)

     requires any surplus income or gains to be invested,

  2. (b)

     prohibits the distribution of the assets of the body, in cash or kind, by way of dividend, bonus or otherwise by way of profit to any member of the body or to a third party (other than for charitable purposes), and

  3. (c)

     provides for any net assets on the dissolution of the body to be applied for charitable purposes or for the purposes for which the body existed before its dissolution;

• “organiser” means a person who performs duties in connection with the provision of education or services ancillary to education other than administrative services;

• “proprietor”, in relation to a school or other establishment, means the person or body of persons responsible for the management of the school or other establishment;

• “special school” has the meaning given in section 337 of EA 1996; and

• “supervisor” means a person employed in a capacity connected with education which to a substantial extent involves the control or supervision of teachers.