[F16 (1) In this Act [F17 (subject to [F18 subsections (1A) to (1C) F18] ) F17] “school” means an educational institution which is outside the further education sector and the [F19 wider F19] higher education sector and is an institution for providing—
(b)secondary education, or
(c)both primary and secondary education,
whether or not the institution also provides [F20 part-time education suitable to the requirements of junior pupils orF20] further education.F16]
[F21 (1A)An institution which—
(a)provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and
(b)is not a maintained nursery school,
[F22 (1B)A 16 to 19 Academy is not a school.
(1C)An alternative provision Academy is a school.F22]
(2)F24[F23 Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and forF23] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) . . ..
(3)For the purposes of this Act an institution is outside the further education sector if it is not—
(a)M2an institution conducted by a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992, or
(b)a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [F25, or
(c)a sixth form collegeF25]
and references to institutions within that sector shall be construed accordingly.
[F26 (4)For the purposes of this Act an institution is outside the wider higher education sector if —
(a)in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or
(b)in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;
and references to institutions within the wider higher education sector are to be construed accordingly.F26]