Prospective

Schedules

Schedule 1U.K.Specified uses of premises

Further educationU.K.

15(1)Use for the provision of—

(a)further education in an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),

(b)education in a 16 to 19 Academy in England,

(c)education in England by an independent training provider,

(d)further education for persons under 19 by a local authority in England,

(e)further education in an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),

(f)any other post-16 education or training in Wales, the facilities for which are secured under section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000, that is funded by the Welsh Ministers or a local authority in Wales, but that is not provided by—

(i)an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992), or

(ii)a person who is a provider of such post-16 education or training only by reason of providing such education or training to the person’s employees,

(g)further education in Scotland by a body listed in Schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),

(h)further education in Scotland by a college of further education which is assigned to a regional strategic body by an order made under section 7C of that Act, or

(i)further education at an institution recognised under Article 8 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) or established under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2 (N.I.)).

(2)Where the relevant Schedule 1 use of qualifying premises is a use mentioned in sub-paragraph (1)—

(a)the person responsible for the premises for the purposes of this Part is—

(i)in a case within paragraph (a), (e), (h) or (i) of that sub-paragraph, the governing body of the institution, college or institute concerned;

(ii)in a case within paragraph (b) of that sub-paragraph, the proprietor of the 16 to 19 Academy concerned;

(iii)in a case within paragraph (c) of that sub-paragraph, the independent training provider concerned;

(iv)in a case within paragraph (d) of that sub-paragraph, the local authority in England concerned;

(v)in a case within paragraph (f) of that sub-paragraph, the person providing the education concerned;

(vi)in a case within paragraph (g) of that sub-paragraph, the listed body concerned, and

(b)the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).

(3)In this paragraph—

• “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

• “further education”—

  (a)

  in relation to provision in England or Wales, has the same meaning as in the Education Act 1996 (see section 2 of that Act);

  (b)

  in relation to provision in Scotland, has the same meaning as in Part 1 of the Further and Higher Education (Scotland) Act 1992 (see sections 1(3) and 6 of that Act);

  (c)

  in relation to provision in Northern Ireland, has the meaning given by Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));

• “independent training provider” means a provider—

  (a)

  that is a provider of post-16 education or training in England—

  (i)

  to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 (inspection of further education and training etc) applies, and

  (ii)

  which is funded, wholly or partly, by the Secretary of State, a local authority in England, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, and

  (b)

  that is not—

  (i)

  an employer who only provides such education or training to its employees,

  (ii)

  a 16 to 19 Academy,

  (iii)

  a school (within the meaning of section 4(1) of the Education Act 1996),

  (iv)

  a local authority in England,

  (v)

  an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or

  (vi)

  a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017);

• “local authority in England” has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act);

• “local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).