Further and Higher Education Act 1992

[F1 33N Dissolution of sixth form college corporations E+W+S

(1) Subject to the following provisions of this section, the Secretary of State may by order provide for—

(a) the dissolution of a sixth form college corporation, and

(b) the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.

(2) An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible [F2 local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.

(3) The requirements are that—

(a) the authority have published the proposal by the prescribed time and in the prescribed manner;

(b) the proposal as published contained prescribed information;

(c) the authority have considered any representations about the proposal made to them within the prescribed period.

(4) Property, rights and liabilities may (subject to subsection (5)) be transferred to—

(a) a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or

(b) a body corporate established for purposes which include the provision of such facilities or services.

(5) Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.

(6) Property, rights and liabilities may be transferred to the responsible [F2 local authority].

(7) Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(8) An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).

(9) Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—

(a) the corporation, and

(b) the YPLA.

(10) In this section [F3 “charitable purposes” has the meaning given by section 11 of the Charities Act 2011] .]

Textual Amendments

F1 Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)

F3 Words in s. 33N(10) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 62 (with s. 20(2), Sch. 8) (with S.I. 2011/1396, art. 1, Sch. para. 44(b))