Search Legislation

The Further Education (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Principal powers of governing body

14.—(1) The governing body of an institution of further education shall have the power—

(a)to provide or secure the provision of further education and (subject to Article 16) higher education;

(b)to charge fees for or in connection with the provision by virtue of sub-paragraph (a) of any form of further or higher education;

(c)to provide to students of the institution such assistance of a financial or other nature (including waiving or granting remission of fees) as it may consider appropriate;

(d)to manage the institution, and for that purpose to receive any property, rights and liabilities transferred to it under this Order;

(e)to provide, or secure the provision of, facilities of any description appearing to it to be necessary or expedient for the purpose of or in connection with the carrying on of any activities it has power to carry on (including residential accommodation and recreational facilities for students and staff of the institution and facilities to meet the needs of students who have learning difficulties and disabled students and staff);

(f)to provide meals and refreshments for students and staff of the institution;

(g)to supply goods and services in connection with the provision of education by it and make charges for such goods and services;

(h)to acquire, hold and dispose of land and other property;

(i)to enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purpose of or in connection with the carrying on of any activities it has power to carry on;

(ii)contracts with respect to the carrying on by it of any such activities; and

(iii)contracts to secure the provision by others of facilities in connection with the carrying on by it of any such activities, including externally financed development agreements as defined in Article 15(3)(c).

(j)to form or promote, or to join with any other person in forming or promoting, companies (within the meaning of the [1986 NI 6.] Companies (Northern Ireland) Order 1986);

(k)to borrow such, sums as it thinks fit for the purpose of carrying on any activities it has power to carry on or meeting any liability transferred to it under this Order and, in connection with such borrowing, to grant such security or give such guarantee or indemnity as it thinks fit;

(l)to invest any sums not immediately required by it for the purpose of carrying on any activities it has power to carry on or meeting any liability transferred to it under this Order;

(m)to raise funds, accept gifts of money, land or other property and apply it to, or hold or administer it in trust for, the purpose of carrying on any activities it has power to carry on; and

(n)to do all such other things as are calculated to facilitate or are incidental or conducive to the carrying on of any activities it has power to carry on.

(2) For the purposes of paragraph (1)(g), goods and services are supplied in connection with the provision of education by a governing body if—

(a)they result from the provision of education or anything done by the governing body under this Order for the purpose of or in connection with the provision of education,

(b)they result from the use of, or are provided by making available, the facilities of the governing body or the expertise of persons employed by it in the fields in which they are so employed, or

(c)they result from ideas of a person employed by the governing body, or of one of its students, arising out of the provision of education by it.

(3) The Department may by order—

(a)amend the provisions of paragraph (1) by varying, adding to or removing the powers for the time being conferred by that paragraph; or

(b)direct that paragraph (1) shall apply, in relation to any governing body specified in the order, with such variations, additions or omissions as may be so specified.

(4) Before making any order under paragraph (3), the Department shall consult—

(a)the governing bodies of institutions of further education to which the order applies; and

(b)any other bodies with which consultation appears to the Department to be appropriate.

(5) The exercise by a governing body of any power conferred by this Article is subject to Article 15; and an order under paragraph (3) may make such consequential amendments to Article 15 as appear to the Department to be necessary or expedient.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources