The Regulator for Charities in England and Wales


OPERATIONAL GUIDANCE

STUDENTS' UNIONS

SPECIFIED INSTITUTIONS
(ESTABLISHMENTS TO WHICH PART II OF THE EDUCATION ACT 1994 APPLIES)

OG 48 C1 - 15 March 2000


Divisional responsibility

For information:

Charity Support Division
Registration Division

   


Contents

1. The law
2. Doubt as to whether institution is "specified"

Index to further related information

 

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NB: The information in this OG may change in the light of changes to education legislation.

   
 

1. The law

 

The institutions to which Part II of the 1994 Act applies are broadly universities and colleges of further and higher education which are (at least in part) publicly funded.

 

Those in England and Wales are:

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(a) Any university receiving financial support under s.65 of the Further and Higher Education Act 1992.

(That is those who receive funding from the Higher Education Funding Council for England or the Higher Education Funding Council for Wales. The University of Buckingham does not receive HEFC funding.)

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(b) Any institution conducted by a higher education corporation or further education corporation.
   

(Higher education corporations are bodies established to run LEA institutions whose main purpose is the provision of sufficient advanced further education courses to satisfy s.121(2) of the Education Reform Act 1988.)

   

(Further education corporations are bodies established to run institutions (including sixth form colleges) which provide sufficient full-time further and higher education to satisfy s.15(2) or (3) of the Further and Higher Education Act 1992.)

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(c) Any institution designated under s.129 of the Education Reform Act 1988 as eligible to receive support from funds administered by a Higher Education Funding Council.
   

(These are higher education colleges providing similar education to those in (b) above but which were not incorporated under s.121. They are mostly in the voluntary sector.)

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(d) Any institution designated under s.28 of the Further and Higher Education Act 1992 as eligible to receive support from funds administered by a Further Education Funding Council.
   

(These are institutions providing further or higher education which were formerly voluntary aided sixth form colleges and specialist institutions such as long term residential colleges for adults formerly funded by grants. They include Workers' Educational Association colleges.)

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(e) Any institution substantially dependent on financial support under s.6(5) of the Further and Higher Education Act 1992.
   

(These are institutions outside the further education sector which provide part-time or adult further education and rely for more than 25% of their income on further education council funding via a sponsoring institution within the further education sector. This sort of funding is available to institutions which provide facilities unavailable (or for which provision is inadequate) elsewhere in the locality).

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(f) Any institution designated or of a description designated by order of the Secretary of State.

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(g) Any college school or hall in an establishment within any of the above paragraphs.
   

(This covers universities such as Oxford and Cambridge which are made up of separate colleges. These will not necessarily include the word "college" in their title for example St Edmund Hall Oxford.)

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2. Doubt as to whether institution is "specified"

 

If it is not clear that an institution falls into one of the categories listed in section 1 above you should ask its governing body to confirm the position.

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