Head section 'not open'

If I use an xml style empty element in the head section of a document, i.e.
<link ... /> or <meta ... /> the validator appears to interpret this as the
end of the head section in an HTML 4.01 transitional document. Is this a bug
in the validator, or can I not have a document that is both compatible with
xhtml and html4.01?

I have also tried using <link ....></link> which validates as strict xhtml
but not as html as the validator reports that the <link> element is not
open.

Any help or suggestions appreciated.

Paul Wicks BSc(Hons), PGCE, MA
ILT Publications Officer
Direct Line: 01904 434228
Email: Paul.Wicks@ilt.ac.uk
Web: www.ilt.ac.uk