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Further and Higher Education Act 1992

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IE+W+S Further education

Chapter IE+W Responsibility for further education

The new funding councilsE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F1Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

The new further education sectorE+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F2Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F3Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F4Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

FinanceE+W

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F5Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F6Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F7Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Further functionsE+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F8Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F9Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Adjustment of local education authority sectorE+W

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F10S. 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F11S. 11 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Provision of further education in schoolsE+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F12s. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F13S. 13 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

GeneralE+W

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F14S. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Chapter IIE+W+S Institutions within the further education sector

The further education corporationsE+W

15 Initial incorporation of existing institutions.E+W

(1)Before the appointed day the Secretary of State shall by order specify—

(a)each educational institution maintained by a [F15local authority] which appears to him to fall within subsection (2) below, and

(b)each county school, controlled school or grant-maintained school which appears to him to fall within subsection (3) below.

(2)An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule.

(3)An institution falls within this subsection if on 17th January 1991 not less than 60 per cent. of the pupils at the institution were receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(4)On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date.

(5)The name given in the order under subsection (1) above as the name of the institution shall be the initial name of the body corporate.

(6)Where an educational institution, being an institution maintained by a [F15local authority] or a grant-maintained school, has been established since 1st November 1990 or, as the case may be, 17th January 1991 by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) or, as the case may be, subsection (3) above if it would have done so if the merger had taken place before that date.

(7)In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) above.

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Amendments (Textual)

Commencement Information

I1S. 15 wholly in force: s. 15(1)(2)(3)(5)(6)(7) in force at 6.5.1992; s. 15(4) in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 2

16 Orders incorporating further institutions.E+W

(1)The Secretary of State may by order make provision for the establishment of a body corporate—

(a)for the purpose of establishing and conducting an educational institution, or

(b)for the purpose of conducting an existing educational institution,

but shall not make an order in respect of an existing institution without the consent of the governing body.

[F16(2)Subsection (1) above does not apply to an institution which is maintained by a [F15local authority].

(3)The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—

(a)is maintained by a [F15local authority], and

(b)in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.]

(4)The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.

(5)An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.

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Amendments (Textual)

F16S. 16(2)(3) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(1); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C1S. 16(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1

Commencement Information

I2S. 16 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F1716APublication of proposalsE+W

(1)The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.

(2)A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.

(3)In this section “the appropriate authority” means—

(a)in relation to a proposal or order in respect of an institution in England, the Secretary of State;

(b)in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.]

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Amendments (Textual)

17“Further education corporation” and “operative date”.E+W

(1)In this Act “further education corporation” means a body corporate established under section 15 or 16 of this Act [F18or which has become a further education corporation by virtue of section [F1933D or] 47 of this Act.]

(2)In this Part of this Act “operative date”, in relation to a further education corporation and the institution, means—

(a)in the case of a further education corporation established under section 15 of this Act, such date as the Secretary of State may by order appoint in relation to the corporations so established, and

(b)in the case of a further education corporation established under section 16 of this Act, such date as the Secretary of State may by order appoint in relation to that corporation.

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Amendments (Textual)

F18Words in s. 17(1) added (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para.7 (with s. 42(8)); S.I. 1998/2215, art.2

Commencement Information

I3S. 17 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

18 Principal powers of a further education corporation.E+W

(1)A further education corporation may—

(a)provide further and higher education, and

[F20(aa)provide secondary education [F21suitable to the requirements of persons who have attained the age of fourteeen years],

(ab)provide education which is secondary education by virtue of section 2(2B) of the M1Education Act 1996 (definition of secondary education),

(ac)participate in the provision of secondary education at a school,]

(b)supply goods or services in connection with their provision of education,

[F22and those powers are referred to in section 19 of this Act as the corporation’s principal powers].

[F23(1A)A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such [F15local authorities] as they consider appropriate.]

(2)For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education corporation if they result from—

(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)ideas of a person employed by them, or of one of their students, arising out of their provision of education.

(3)For the purposes of that subsection, services are supplied in connection with the provision of education by a further education corporation if—

(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F20S. 18(1)(aa)-(ac) substituted for s. 18(1)(aa) (1.4.2001) by 2000 c. 21, s. 142(1)(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F21Words in s. 18(1)(aa) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para.11; S.I 2002/2439, {art. 3}; S.I. 2002/3185, art. 4

F22Words after s. 18(1)(b) inserted (1.4.2001) by 2000 c. 21, ss. 149, Sch. 9 para. 21(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F23S. 18(1A) inserted (1.4.2001) by 2000 c. 21, s. 142(1)(b); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F24S. 18(4)-(6) repealed (28.7.2000 for certain purposes, 1.1.2001 for W., 1.4.2001 and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 21(b), Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pts. II, III (with transitional provisions in art. 3)

Modifications etc. (not altering text)

Commencement Information

I4S. 18 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

Marginal Citations

19 Supplementary powers of a further education corporation.E+W

(1)A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.

(2)A further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.

(3)A further education corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties F25... ).

(4)A further education corporation may—

(a)acquire and dispose of land and other property,

(b)enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and

(ii)contracts with respect to the carrying on by the corporation of any such activities,

[F26(bb)form, participate in forming or invest in a company,

(bc)form, participate in forming or otherwise become a member of a charitable incorporated organisation [F27(within the meaning of Part 11 of the Charities Act 2011)],]

(c)borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under sections [F2827] to [F2927C or 33P] of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,

(d)invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

(e)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and

(f)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.

F30(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(4AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(4AB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(4AC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(6)A person has a learning difficulty if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.]

[F38(8)A reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.]

[F39(9)A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.]

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Amendments (Textual)

F25Words in s. 19(3) omitted (1.4.2001) by virtue of 2000 c. 21, s. 149, Sch. 9 para. 22(2); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F26S. 19(4)(bb)(bc) substituted for s. 19(4)(bb) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(2), 32(1) (with s. 21(7))

F27Words in s. 19(4)(bc) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 57 (with s. 20(2), Sch. 8)

F28Word in s. 19(4)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(a)

F29Words in s. 19(4)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(2); S.I. 2012/924, art. 2

F33S. 19(4AC) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(6); S.I. 2012/924, art. 2

F37S. 19(6)(7) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(5); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Commencement Information

I5S. 19 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

F4019ADuty in relation to promotion of well-being of local areaE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

20 Constitution of corporation and conduct of the institution.E+W

(1)For every further education corporation established to conduct an educational institution there shall be—

(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and

(b)an instrument in accordance with which the corporation, and the institution, are to be conducted (to be known as articles of government).

[F41(2)Instruments of government and articles of government of further education corporations—

(a)must comply with the requirements of Schedule 4, and

(b)subject to that, may make such other provision as may be necessary or desirable.]

(3)The validity of any proceedings of a further education corporation, or of any committee of the corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.

(4)Every document purporting to be an instrument made or issued by or on behalf of a further education corporation and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

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Amendments (Textual)

Commencement Information

I6S. 20 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

21 Initial instruments and articles.E+W

(1)As from the date on which a further education corporation is established, the instrument of government and articles of government—

F42(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43. . . shall be such as is prescribed by regulations.

(2)Such F44. . . regulations—

(a)may provide for all or any of the persons who, on the date on which a corporation is established to conduct the F45. . . existing institution, are the members of the governing body of the institution to be the initial members of the corporation, and

(b)may make such other provision in relation to F46. . . existing institutions as appears to the Secretary of State necessary or desirable to secure continuity in their government.

(3)In the case of a further education corporation established to conduct an institution which, on the date the corporation was established, was [F47a maintained school, the governing body incorporated under [F48section 19 of the Education Act 2002]] shall, on the operative date, be dissolved.

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Amendments (Textual)

F43Words, including subsection "(b)", in s. 21(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

F45Words in s. 21(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

F46Words in s. 21(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(iii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

F47Words in s. 21(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 35(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

F48Words in s. 21(3) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 12 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Commencement Information

I7S. 21 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F4922Subsequent instruments and articlesE+W

A further education corporation may modify or replace their instrument of government or articles of government.]

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Amendments (Textual)

Commencement Information

I8S. 22 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F5022A Charitable status of a further education corporationE+W

A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).]

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Amendments (Textual)

F50S. 22A substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 58 (with s. 20(2), Sch. 8) (with S.I. 2011/1396, Sch. para. 43(b))

Transfer of property, etc., to further education corporationsE+W

F5123 Transfer of property, etc.: institutions maintained by local authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)

F5124 Provisions supplementary to section 23.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)

F5125 Transfer of property, etc. from foundation bodies.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)

F5126 Transfer of staff to further education corporations.E+W

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Amendments (Textual)

F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)

Dissolution of further education corporationsE+W

[F5227 Proposals for dissolution of further education corporationsE+W

(1)This section applies if a further education corporation propose that the corporation should be dissolved.

(2)The corporation must publish—

(a)details of the proposal, and

(b)such other information as may be prescribed by regulations made by the appropriate authority.

(3)The publication is to be in accordance with regulations made by the appropriate authority.

(4)The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.

(5)In this section, “the appropriate authority” means—

(a)in relation to a further education corporation in England, the Secretary of State, and

(b)in relation to a further education corporation in Wales, the Welsh Ministers.]

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Amendments (Textual)

F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)

Commencement Information

I9S. 27 wholly in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F5227ADissolution of further education corporationsE+W

(1)This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.

(2)The dissolution date” means the date specified in a resolution under subsection (1).

(3)The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.

(4)The corporation are dissolved on the dissolution date.

(5)In this section, “the appropriate authority” has the meaning given in section 27.]

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Amendments (Textual)

F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)

[F5227BDissolution of further education corporations: transfer of property, rights and liabilitiesE+W

(1)At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.

(2)The corporation may do so only with the consent of the person or body concerned.

(3)A transfer under subsection (1) has effect on the dissolution date.

(4)Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

(5)Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(6)In this section, “the appropriate authority” has the meaning given in section 27.]

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Amendments (Textual)

F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)

Designation of institutions for funding by the councilsE+W

28 Designation of institutions.E+W

(1)The Secretary of State may by order designate [F53for the purposes of this section] any educational institution principally concerned with the provision of one or both of the following—

(a)full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and

(b)courses of further or higher education,

if the institution meets the requirements of subsection (2) below.

(2)The institution must be one of the following—

(a)a voluntary aided school [F54(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)],

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an institution which is grant-aided or eligible to receive aid by way of grant [F56or

(d)an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.]

(3)For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than [F15local authorities] who—

(a)receive any grants under regulations made under [F57section 485 of the Education Act 1996], or

(b)are eligible to receive such grants.

[F58(3A)The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the [F15local authority].]

(4)In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.

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Amendments (Textual)

F53Words in s. 28(1) substituted (1.4.2001) by 2000 c. 21, s. 143(1)(a) (with s. 150); S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. I

F54Words in s. 28(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 38 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F55S. 28(2)(b) repealed (1.10.2000 for E. and 1.4.2001 for W.), by 2000 c. 21, ss. 143(1)(b), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

F56S. 28(2)(d) and the word preceding it added (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(1)(c) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

F57Words in s. 28(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 109 (with ss. 1(4), 561, 562, Sch. 39)

F58S. 28(3A) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 112 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

Commencement Information

I10S. 28 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

29Government and conduct of designated institutionsE+W

(1)This section applies to a designated institution, other than—

(a)an institution conducted by a company, or

(b)an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption.

(2)For each designated institution to which this section applies, there is to be—

(a)an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and

(b)an instrument in accordance with which the institution is to be conducted (to be known as the articles of government).

(3)In sections 29A to 29C—

  • instrument” means an instrument of government or articles of government;

  • regulatory instrument”, in relation to an institution, means—

    (a)

    an instrument of government or articles of government, or

    (b)

    any other instrument relating to or regulating the institution.

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Commencement Information

I11S. 29 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

29AFirst post-designation instruments and articles of designated institutionsF59...E+W

(1)The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3)F60....

(2)The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect.

(3)The instrument must meet one of the following requirements—

(a)the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority;

(b)the instrument—

(i)is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and

(ii)(in either case) is approved for the purposes of this section by the appropriate authority;

(c)the instrument is made by the appropriate authority by order.

(4)An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument.

(5)Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult—

(a)the governing body of the institution, and

(b)where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.

F61(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “the appropriate authority”—

(a)in relation to an institution in England, means the Secretary of State;

(b)in relation to an institution in Wales, means the Welsh Ministers.

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Amendments (Textual)

[F6229BChanges to instruments and articlesE+W

(1)This section applies to a designated institution to which section 29 applies.

(2)The governing body of the institution may modify or replace its instrument of government and articles of government.

(3)If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution.

(4)The instrument of government and articles of government (as modified or replaced)—

(a)must comply with the requirements of Schedule 4, and

(b)subject to that, may make such other provision as may be necessary or desirable.]

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Amendments (Textual)

[F6330 Special provision for certain institutions.E+W

(1)Notwithstanding anything in sections 29 to [F6429B] of this Act, the instrument of government of a designated institution to which this section applies must provide—

(a)for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and

(b)for the majority of members of the governing body to be such governors.

(2)This section applies to—

(a)an institution which, when designated, was a voluntary aided school, and

(b)an institution specified, or falling within a class specified, by the Secretary of State by order.

(3)The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.

(4)The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.]

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Amendments (Textual)

F63S. 30 substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(2) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

31 Designated institutions conducted by companies.E+W

[F65(1)This section has effect in relation to any designated institution [F66in Wales] conducted by a company.

(2)The articles of association of the company shall incorporate—

(a)provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and

(b)provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

F67(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that—

(a)the [F68articles of association] of the company, or

(b)any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as he may specify in the direction.

(4)No amendment of the [F69articles of association] of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.

(5)Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.]

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Amendments (Textual)

F65S. 31 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(1)

F66Words in s. 31(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(2)

Commencement Information

I12S. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

F7032 Transfer of property, etc., to designated institutions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F70S. 32 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)

F7133 Provisions supplementary to section 32.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F71S. 33 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)

[F72Sixth form college corporations: EnglandE+W+S

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Amendments (Textual)

F72Ss. 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)

33AInitial designation of existing bodies corporate as sixth form college corporationsE+W+S

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(4)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(5)The power conferred by subsection (1)—

(a)is exercisable only once;

(b)is not exercisable after the date specified in an order made by the Secretary of State.

33BSubsequent designation of existing bodies corporate as sixth form college corporationsE+W+S

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and

(b)the institution is one within subsection (4).

(4)An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(7)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(8)The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).

33CEstablishment of new bodies corporate as sixth form college corporationsE+W+S

(1)The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.

(2)An order under subsection (1) may be made only if—

(a)a proposal relating to the order has been made by [F73a person or body (“the proposer] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and

(b)it appears to the Secretary of State that the institution will when established be one within subsection (4).

(3)The requirements are that—

(a)the [F74proposer has] published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the [F75proposer has] considered any representations about the proposal made to [F76the proposer] within the prescribed period.

(4)An institution is within this subsection if—

(a)the institution is in England, and

(b)on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)An order under subsection (1)—

(a)must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;

(b)may make provision as to the initial name of the corporation as a sixth form college corporation.

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Amendments (Textual)

F73Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2

F74Words in s. 33C(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(3); S.I. 2012/924, art. 2

F75Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2

F76Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(b); S.I. 2012/924, art. 2

33DConversion of sixth form college corporations into further education corporationsE+W+S

(1)The Secretary of State may by order convert a sixth form college corporation into a further education corporation.

(2)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the relevant sixth form college, F77...

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.

F78(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.

(6)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a further education corporation.

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Amendments (Textual)

F77S. 33D(2)(b) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(a)

F78S. 33D(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(b)

33EPrincipal powers of a sixth form college corporationE+W+S

(1)A sixth form college corporation may do any of the following—

(a)provide further and higher education,

(b)provide secondary education suitable to the requirements of persons who have attained the age of 14,

(c)provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,

(d)participate in the provision of secondary education at a school,

(e)supply goods or services in connection with their provision of education.

(2)The powers conferred by subsection (1) [F79and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A)] are referred to in section 33F as the corporation's principal powers.

(3)A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such [F15local authorities] as they consider appropriate.

(4)For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—

(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)ideas of a person employed by them, or one of their students, arising out of their provision of education.

(5)For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—

(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

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Amendments (Textual)

F79Words in s. 33E(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 12; S.I. 2012/924, art. 2

33FSupplementary powers of a sixth form college corporationE+W+S

(1)A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.

(2)A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.

(3)In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.

(4)A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.

(5)The facilities include—

(a)boarding accommodation and recreational facilities for students and staff, and

(b)facilities to meet the needs of students with learning difficulties.

(6)A sixth form college corporation may—

(a)acquire and dispose of land and other property,

(b)enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and

(ii)contracts with respect to the carrying on by the corporation of any such activities,

(c)form, participate in forming or invest in a company,

(d)form, participate in forming or otherwise become a member of a charitable incorporated organisation [F80(within the meaning of Part 11 of the Charities Act 2011)],

(e)borrow such sums as the corporation think fit for the purposes of—

(i)carrying on any activities they have power to carry on, or

(ii)meeting any liability transferred to them under sections 23 to [F8127C or 33P] ,

(f)in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,

(g)invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,

(h)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,

(i)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.

F82(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.

(9)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(10)A reference in this section F83... to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(11)A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

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Amendments (Textual)

F80Words in s. 33F(6)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 60 (with s. 20(2), Sch. 8)

F81Words in s. 33F(6)(e)(ii) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(a); S.I. 2012/924, art. 2

F82S. 33F(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(b); S.I. 2012/924, art. 2

F83Words in s. 33F(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(c); S.I. 2012/924, art. 2

F8433GFurther provision about supplementary powersE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F8533HDuty in relation to promotion of well-being of local areaE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

33IConstitution of sixth form college corporation and conduct of sixth form collegeE+W+S

(1)For every sixth form college corporation there is to be—

(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and

(b)an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).

(2)Instruments of government and articles of government—

(a)must comply with the requirements of F86...Schedule 4, and

[F87(b)subject to that, may make such other provision as may be necessary or desirable.]

(3)Subsection (2) is subject to section 33J.

(4)The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—

(a)a vacancy among the members, or

(b)a defect in the appointment or nomination of a member.

(5)Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—

(a)duly executed under the seal of the corporation, or

(b)signed or executed by a person authorised by the corporation to act in that behalf.

(6)The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.

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Amendments (Textual)

33JSpecial provision for certain institutionsE+W+S

(1)Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—

(a)for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and

(b)for the majority of members of the governing body of the relevant sixth form college to be such governors.

[F88(1A)A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).]

(2)This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.

(3)The [F89references in subsections (1)(a) and (1A) to the established character of a sixth form college are ] , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, [F90references] to the character which the sixth form college is intended to have on its establishment.

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Amendments (Textual)

F89Words in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(a); S.I. 2012/924, art. 2

F90Word in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(b); S.I. 2012/924, art. 2

33KInstrument and articles of new sixth form college corporationsE+W+S

(1)The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the [F91Secretary of State by order] .

[F92(2)An order under subsection (1) may not be made unless—

(a)the Secretary of State has consulted the corporation, and

(b)in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.]

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Amendments (Textual)

F91Words in s. 33K(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 18(a); S.I. 2012/924, art. 2

[F9333LChanges to instruments and articlesE+W+S

(1)A sixth form college corporation may modify or replace their instrument of government or articles of government.

(2)A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.]

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Amendments (Textual)

33MCharitable status of a sixth form college corporationE+W+S

A sixth form college corporation is a charity F94... [F95(and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act)].

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Amendments (Textual)

F94Words in s. 33M omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1)(2)(f)

F95Words in s. 33M substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 61 (with s. 20(2), Sch. 8)

[F9633NProposals for dissolution of sixth form college corporationsE+W+S

(1)This section applies if a sixth form college corporation propose that the corporation should be dissolved.

(2)The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations.

(3)The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.]]

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Amendments (Textual)

F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)

[F9633ODissolution of sixth form college corporationsE+W+S

(1)This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date.

(2)The dissolution date” means the date specified in a resolution under subsection (1).

(3)The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable.

(4)The corporation are dissolved on the dissolution date.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)

33PDissolution of sixth form college corporations: transfer of property, rights and liabilitiesE+W+S

(1)At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4).

(2)The corporation may do so only with the consent of the person or body concerned.

(3)A transfer under subsection (1) has effect on the dissolution date.

(4)In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college.

(5)Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

(6)Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(7)Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).]

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Amendments (Textual)

F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)

Property, rights and liabilities: generalE+W+S

F9734 Making additional property available for use.E+W

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Amendments (Textual)

F97S. 34 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(4)

F9835 Voluntary transfers of staff in connection with section 34.E+W+S

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Amendments (Textual)

F9936 General provisions about transfers under Chapter II.E+W

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Amendments (Textual)

F10037 Attribution of surpluses and deficits.E+W

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Amendments (Textual)

F10138 Payments ... in respect of loan liabilities.E+W

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Amendments (Textual)

39 Control of disposals of land.E+W

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

40 Wrongful disposals of land.E+W

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

41 Control of contracts.E+W

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

42 Wrongful contracts.E+W

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F10643 Remuneration of employees.E+W

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Amendments (Textual)

MiscellaneousE+W

44 Collective worship.E+W

[F107(1)This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(2)An institution is of voluntary origin for the purposes of this section if—

(a)immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),

(b)immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,

(c)it is designated for the purposes of this paragraph by order of the Secretary of State, or

(d)it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).

(2A)The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.]

(3)In an institution of voluntary origin such act of collective worship shall —

(a)be in such forms as to comply with the provisions of any trust deed affecting the institution, and

(b)reflect the religious traditions and practices of the institution before it [F108joined the further education sector].

(4)In all [F109other institutions to which this section applies] such act of collective worship shall be wholly or mainly of a broadly Christian character in that it shall reflect the broad traditions of Christian belief but need not be distinctive of any particular Christian denomination.

(5)If the governing body of [F110an institution to which this section applies] considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain.

F111(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F112(7)In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).]

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Amendments (Textual)

F107S. 44(1)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

F108Words in s. 44(3)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

F109Words in s. 44(4) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 23, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

F110Words in s. 44(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(5); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

F111S. 44(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 27(6), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

F112S. 44(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(7); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III

Modifications etc. (not altering text)

Commencement Information

I13S. 44 partly in force: s. 44 in force for certain purposes at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

45 Religious education.E+W

[F113(1)This section applies to any institution to which section 44 of this Act applies.

(2)An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.

(2A)The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.]

(3)The governing body of [F114an institution to which this section applies] shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend.

(4)For the purposes of this section religious education may take the form of a course of lectures or classes or of single lectures or classes provided on a regular basis and may include a course of study leading to an examination or the award of a qualification.

(5)The form and content of religious education provided pursuant to this section shall be determined from time to time by the governing body of [F115institution to which this section applies] and—

(a)in the case of an institution of voluntary origin—

(i)shall be in accordance with the provisions of any trust deed affecting the institution, and

(ii)shall not be contrary to the religious traditions of the institution before it [F116joined the further education sector];

(b)in the case of all [F117other institutions to which this section applies]shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

F118(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F119(7)In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).]

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Amendments (Textual)

F113S. 45(2)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F114Words in s. 45(3) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F115Words in s. 45(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(a); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F116Words in s. 45(5)(a)(ii) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F117Words in s. 45(5)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(c); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F118S. 45(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 28(5), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

F119S. 45(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(6); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

Commencement Information

I14S. 45 partly in force: s. 45 in force for certain purposes at 1.4.1993 see s. 94(3) and Sch. 3

46 Variation of trust deeds.E+W

(1)The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument—

(a)relating to or regulating an institution within the further education sector, or

(b)relating to any land or other property held by any person for the purposes of such an institution.

(2)Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult—

(a)the governing body of the institution,

(b)where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and

(c)where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.

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Modifications etc. (not altering text)

C4S. 46(2)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2

Commencement Information

I15S. 46 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

47 Transfer of higher education institutions to further education sector.E+W

(1)The Secretary of State may by order provide for the transfer of a higher education corporation to the further education sector.

(2)Where an order is made under this section in respect of a higher education corporation, sections 20 and 21 of this Act shall have effect as if, on the date the order has effect, the corporation were established as a further education corporation; and the order may make [F120provision as to the initial name of the corporation as a further education corporation.]

(3)On such date as may be specified in the order the corporation shall cease to be a higher education corporation and become a further education corporation.

(4)An order under section 28 of this Act in respect of any institution may revoke any order in respect of that institution under section 129 of the M2Education Reform Act 1988 (designation of institutions).

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Amendments (Textual)

F120Words in s. 47(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.43 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

Commencement Information

I16S. 47 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

Marginal Citations

48 Statutory conditions of employment.E+W

F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

49 Avoidance of certain contractual terms.E+W

(1)This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.

(2)In so far as a contract to which this section applies provides that the employee—

(a)shall not be dismissed by reason of redundancy, or

(b)if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under [F122Part XI of the Employment Rights Act 1996],

the contract shall be void and of no effect.

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Amendments (Textual)

F122Words in s. 49(2)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(3) (with ss. 191-195, 202)

Commencement Information

I17S. 49 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

[F12349AConsultationE+W

[F124(1)In exercising their functions the governing body of an institution within the further education sector [F125 in Wales] must have regard to any guidance given from time to time by the [F125Welsh Ministers] about consultation with—

(a)persons who are or are likely to become students of the institution, or

(b)employers,

in connection with the taking of decisions affecting them.

(2)Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.

F125(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

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Amendments (Textual)

F123S. 49A inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 22, 32(4); S.I. 2007/3505, art. 2(d)

F125S. 49A: amendment to earlier affecting provision 2007 c. 25, s. 22 (W.) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 45; S.I. 2012/924, art. 2

[F12649BDestinationsE+W

(1)The Secretary of State may provide destination information to the governing body of an institution in England within the further education sector.

(2)The Welsh Ministers may provide destination information to the governing body of an institution in Wales within the further education sector.

(3)In this section “destination information”, in relation to an institution, means information which—

(a)relates to a former student of the institution, and

(b)includes information as to prescribed activities of the former student after leaving the institution.

(4)Regulations under subsection (3)(b) which prescribe activities as to which the Welsh Ministers may provide information are to be made by the Welsh Ministers.

(5)Subject to subsection (6)(a), information received under this section is not to be published in any form which identifies the individual to whom it relates.

(6)This section—

(a)does not affect any power to provide or publish information which exists apart from this section, and

(b)is subject to any express restriction on the provision of information imposed by another enactment.]

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Amendments (Textual)

50 Information with respect to institutions within the further education sector.E+W

(1)The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about—

(a)the educational provision made or proposed to be made for their students,

(b)the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),

(c)the financial and other resources of the institution and the effectiveness of the use made of such resources, and

(d)the careers of their students after completing any course or leaving the institution.

(2)For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show—

(a)the numbers of students not undertaking any career, and

(b)the persons providing students with education, training or employment.

(3)The information shall be published in such form and manner and at such times as may be prescribed.

(4)The published information shall not name any student to whom it relates.

(5)In this section “prescribed” means prescribed by regulations.

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Modifications etc. (not altering text)

C5S. 50(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2

Commencement Information

I18S. 50 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F12751 Publication of proposals.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I19S. 51 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F12851ADuty to provide for named individuals: EnglandE+W

(1)This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.

(2)A [F15local authority] may by notice given to the governing body of such an institution—

(a)require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;

(b)withdraw such a requirement.

(3)A [F15local authority] may specify an individual in a notice under subsection (2) only if the individual—

(a)is in the authority's area, and

(b)is over compulsory school age but under the age of 19.

(4)Before giving a notice under subsection (2) imposing a requirement on a governing body, a [F15local authority] must consult—

(a)the governing body, and

(b)such other persons as the authority think appropriate.

(5)The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.

(6)In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a [F15local authority] in England must have regard to any guidance given from time to time by the Secretary of State.]

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Amendments (Textual)

Modifications etc. (not altering text)

52 Duty to provide for named individuals[F129: Wales]E+W

(1)This section applies where an institution [F130in Wales] within the further education sector provides F131... education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(2)[F132The F133... National Assembly for Wales] may by notice given to the governing body of such an institution—

(a)require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or

(b)withdraw such a requirement.

(3)The governing body of such an institution shall, for any academic year in respect of which they receive financial support from [F134the F135... National Assembly for Wales], secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by [F136the F137... National Assembly for Wales] under subsection (2) above and has not been withdrawn.

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Amendments (Textual)

F131Words in s. 52(1) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 29, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C7S. 52 modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2

Commencement Information

I20S. 52 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

[F13852A Duty to safeguard pupils receiving secondary education.E+W

(1)This section applies where secondary education is provided to [F139persons of compulsory school age]

(a)by a further education corporation [F140by virtue of section 18(1)(aa) or (ab) of this Act],

[F141(aa)by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,] or

(b)by a designated institution in pursuance of arrangements made—

(i)by a [F15local authority], or

(ii)by the governing body of a school on behalf of such an authority.

(2)The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any [F142persons of compulsory school age] are for the time being receiving secondary education.]

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Amendments (Textual)

F138S. 52A inserted (1.10.1998) by 1998 c. 31, s. 113(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.

F139Words in s. 52A(1) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(a); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F140Words in s. 52A(1)(a) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(b); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F142Words in s. 52A(2) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(3); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

53 Inspection of accounts.E+W

(1)The accounts of—

(a)any further education corporation,

[F143(aa)any sixth form college corporation,] and

(b)any designated institution,

shall be open to the inspection of the Comptroller and Auditor General.

(2)In the case of any such corporation or institution—

(a)the power conferred by subsection (1) above, and

(b)the powers under sections 6 and 8 of the M3National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,

shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under [F144section 15ZA [F145or 18A] of the Education Act 1996, section 14 of the Education Act 2002 or section F146... 100 of the Apprenticeships, Skills, Children and Learning Act 2009].

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Amendments (Textual)

F146Words in s. 53(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(b); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C8S. 53(2) modified by S.I. 1993/563, art. 2 Sch.1 (as amended (19.4.1993) by 1993/870, art. 2)

Commencement Information

I21S. 53 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

Marginal Citations

Chapter IIIE+W General

54 Duty to give information.E+W

(1)Each of the following shall give [F147[F148the Secretary of State] or the National Assembly for Wales] such information [F149as the Secretary of State] or (as the case may be) the National Assembly for Wales may require [F150for the purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 or (as the case may be) for the purposes of the exercise of any of the functions of] the National Assembly for Wales under [F151any enactment]

(a)a [F15local authority],

(b)the governing body of any institution maintained by a [F15local authority], F152... city technology college [F153, city college for the technology of the arts or [F154Academy]],

(c)the governing body of any institution within the further education sector or the higher education sector, and

(d)the governing body of any institution which is receiving or has received financial support under section 5 of this Act.

(2)Such information relating to the provision which has been made by a [F15local authority] in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under [F155regulations under section 492 or 493 of the Education Act 1996] shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.

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Amendments (Textual)

F148Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(a)

F149Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(b)

F150Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(c)

F151Words in s. 54(1) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 20; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F152Words in s. 54(1)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F153Words in s. 54(1)(b) substituted (28.7.2000) by 2000 c. 21, ss. 149, 154(1), Sch. 9 para. 31

F154Words in s. 54(1)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 Pt. 2 para. 4; S.I. 2002/2002, art. 2

F155Words in s. 54(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 111 (with ss. 1(4), 561, 562, Sch. 39)

55 Inspection etc. of [F15local authority] institutions, other than schools, and advice to Secretary of State.E+W

F156(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to any [F15local authority] institution maintained or assisted by them, a [F15local authority]

(a)shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and

(b)may cause an inspection to be made by persons authorised by them.

(5)A [F15local authority] shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.

(6)A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)In this section—

F157(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F15local authority] institution” means an educational institution, other than a school, maintained or assisted by a [F15local authority].

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Amendments (Textual)

F156S. 55(1)-(3) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F157S. 55(7)(a)(b) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C9S.55: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3

Commencement Information

I22S. 55 wholly in force; s. 55 not in force at Royal assent see s. 94(3); s. 55(1)-(3) (as respects England only) and s. 55(4)-(6)(7)(a)(c) in force at 1.4.1993 by S.I. 1992/831, art. 2, Sch. 3; s. 55(1)(2)(3)(7)(b) in force at 1.8.1996 so far as not already in force by S.I. 1996/1897, art. 3

F15856. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F158S. 56 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 33, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[F15956AIntervention: EnglandE+W

[F160(1)This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—

(a)an institution in England within the further education sector, other than a sixth form college, or

(b)an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,

and, in either case, it is immaterial whether or not a complaint is made by any person.]

(2)The matters are—

(a)that the institution's affairs have been or are being mismanaged by the institution's governing body;

(b)that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.

(3)If this section applies the [F161Secretary of State] may do one or more of the things listed in subsection (6).

F162(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F163At the same time as doing one or more of those things the [F164Secretary of State] must] give the institution's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F164Secretary of State] is satisfied;

(b)the reasons why the [F164Secretary of State] is so satisfied;

(c)the reasons why the [F164Secretary of State] has decided to do that thing or those things.

(6)The [F164Secretary of State] may—

(a)remove all or any of the members of the institution's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions [F165as the [F164Secretary of State] thinks] expedient as to the exercise of their powers and performance of their duties.

(7)The directions that may be given to a governing body under this section include [F166

(a)]a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

[F167(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]

[F168(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

[F169(9)The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.]

F170(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.]

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Amendments (Textual)

F159Ss. 56A-56C inserted (23.12.2007 for the insertion of s. 56B, 18.4.2008 in so far as not already in force) by Further Education and Training Act 2007 (c. 25), ss. 17, 32(5); S.I. 2007/3505, arts. 2(c), 5

F160S. 56A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 7

F161Words in s. 56A(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(3); S.I. 2012/924, art. 2

F164Words in s. 56A(5)(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(5); S.I. 2012/924, art. 2

F170S. 56A(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(8); S.I. 2012/924, art. 2

F17156AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutionsE+W

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Amendments (Textual)

F17256BIntervention policy: EnglandE+W

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Amendments (Textual)

F17356CDirectionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17456DNotification by local authority or YPLA of possible grounds for interventionE+W

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Amendments (Textual)

[F17556EIntervention by [F176Secretary of State] : sixth form collegesE+W

(1)This section applies in relation to a sixth form college if the [F177Secretary of State is] satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

(3)If this section applies the [F178Secretary of State] may do one or more of the things listed in subsection (6).

[F179(4)Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).

(4A)Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—

(a)the trustees of the sixth form college, and

(b)each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.

(4B)After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—

(a)what the Secretary of State has decided to do;

(b)the reasons for the decision.]

(5)If the [F180Secretary of State does one or more of the things listed in subsection (6), the Secretary of State ] must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F181Secretary of State is] satisfied;

(b)the reasons why the [F182Secretary of State has] decided to do that thing or those things.

(6)[F183The Secretary of State] may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the [F184Secretary of State thinks] expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include [F185

(a)]a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

[F186(b)a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.]

[F187(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction.]

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

[F188(9)The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.]

F189(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.]

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Amendments (Textual)

F176Words in s. 56E heading substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(10); S.I. 2012/924, art. 2

F177Words in s. 56E(1) substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(2); S.I. 2012/924, art. 2

F178Words in s. 56E(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(3); S.I. 2012/924, art. 2

F179S. 56E(4)-(4B) substituted for s. 56E(4) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(4); S.I. 2012/924, art. 2

F180Words in s. 56E(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(a); S.I. 2012/924, art. 2

F181Words in s. 56E(5)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(b); S.I. 2012/924, art. 2

F182Words in s. 56E(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(c); S.I. 2012/924, art. 2

F183Words in s. 56E(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(a); S.I. 2012/924, art. 2

F184Words in s. 56E(6)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(b); S.I. 2012/924, art. 2

F189S. 56E(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(9); S.I. 2012/924, art. 2

F19056FAppointment by local authorities of members of sixth form college governing bodyE+W

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Amendments (Textual)

F19156GIntervention policy: sixth form collegesE+W

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Amendments (Textual)

F19256HIntervention by YPLAE+W

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Amendments (Textual)

F19356IAppointment by YPLA of members of sixth form college governing bodyE+W

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Amendments (Textual)

F19456JNotification by Chief Executive of Skills Funding of possible grounds for interventionE+W

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Amendments (Textual)

[F19657 Intervention [F195: Wales]E+W

(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution [F197in Wales] within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2)These are the conditions—

(a)[F198the Welsh Ministers are] satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b)[F199they are] satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act [F200or any Measure of the National Assembly for Wales];

(c)[F201they are] satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act [F202or any Measure of the National Assembly for Wales];

[F203(d)they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.]

F204(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If this section applies [F205the Welsh Ministers] may by order—

(a)declare which of the conditions is (or are) satisfied, and

(b)do one or more of the things listed in subsection (5).

(5)[F206They may]

(a)remove all or any of the members of the institution’s governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as [F207they think] expedient as to the exercise of their powers and performance of their duties.

[F208(5A)The directions that may be given to a governing body under this section include [F209

(a)] a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction.[F210, and

(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]

[F211(5B)A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]

(6)Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

[F212(6A)The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(6B)But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.]

(7)A governing body must comply with any directions given to them under this section.

(8)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F213(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

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Amendments (Textual)

F196S. 57 substituted (1.1.2001 for W. and 1.4.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 34 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)

Modifications etc. (not altering text)

C10S. 57(3)(4) amended (22.3.2001) by S.I. 2001/1274, art. 3(4)(b)

F21457AIntervention policy: WalesE+W

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Amendments (Textual)

F21558 Reorganisations of schools involving establishment of further education corporation.E+W

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Amendments (Textual)

F21659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F216S. 59 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

60 Saving as to persons detained by order of a court.E+W

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F21860A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F218S. 60A repealed (28.7.2000 for E. for specified purposes, 1.1.2001 for W. and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 36, Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

61 Interpretation of Part I.E+W

(1)In this Part of this Act—

  • functions” includes powers and duties,

  • modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and

  • regulations” means regulations made by the Secretary of State [F219or the Welsh Ministers].

(2)References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—

(a)rights or liabilities under a contract of employment, or

(b)liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.

(3)In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—

(a)to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the M4Education Act 1944, and

F220(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C11S. 61(3)(a) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(3)(a)(b), Sch.3)

Commencement Information

I23S. 61 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

F22161A References to appropriate bodiesE+W

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Amendments (Textual)

F221S. 61A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 38

Part IIE+W+S+N.I. Higher education

The new funding councilsE+W+S

62[F222The Higher Education Funding Council for Wales].E+W

(1)There shall be established—

F223(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a body corporate to be known as the Higher Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them [F224(referred to in this Act as “the HEFCW”)].

F225(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Higher Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(4)In appointing the members of [F226the HEFCW] the Secretary of State—

(a)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and

(b)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

F227(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this Part of this Act references to F228... institutions in Wales—

(a)are to institutions whose activities are carried on, or principally carried on, in F229... Wales, but

(b)include F230... the Open University.

[F231(7A)In exercising their functions, [F232the HEFCW] shall have regard to the requirements of disabled persons.

(7B)In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the [F233Equality Act 2010].]

(8)Any dispute as to whether any functions are exercisable by [F234the HEFCW or the Office for Students] shall be determined by the Secretary of State.

(9)Schedule 1 to this Act has effect with respect to [F235the HEFCW].

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Amendments (Textual)

F222S. 62 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F223S. 62(1)(a) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(3)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F224Words in s. 62(1)(b) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(3)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F225S. 62(2) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F226Words in s. 62(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(5); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F227S. 62(5)(6) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(6); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F228Words in s. 62(7) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F229Words in s. 62(7)(a) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F230Words in s. 62(7)(b) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(c); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F231S. 62(7A)(7B) inserted (31.7.1996) by 1995 c. 50, s. 30(5) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(2), Sch. Pt.II

F232Words in s. 62(7A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(8); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F233Words in s. 62(7B) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 23 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))

F234Words in s. 62(8) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(9); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F235Words in s. 62(9) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(10); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

Modifications etc. (not altering text)

C12S. 62(7) applied (31.3.1999) by S.I. 1999/603, art. 3(2).

C13S. 62(8) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2.

Commencement Information

I24S. 62 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

63 Dissolution of existing councils.E+W+S

(1)On the appointed day—

(a)the Universities Funding Council and the Polytechnics and Colleges Funding Council (referred to in this section as the “existing councils”) shall be dissolved, and

(b)all property, rights and liabilities to which either of the existing councils were entitled or subject immediately before that date shall become by virtue of this section property, rights and liabilities of the Higher Education Funding Council for England,

but this subsection does not apply to rights or liabilities under a contract of employment.

(2)Where—

(a)immediately before the appointed day, a person (referred to below as “the employee”) is employed by an existing council (referred to below as “the existing employer”) under a contract of employment which would have continued but for the dissolution of the existing employer, and

(b)the employee is designated for the purposes of this section by an order made by the Secretary of State,

the contract of employment shall not be terminated by that dissolution but shall have effect as from the appointed day as if originally made between the employee and the new employer.

(3)In this section “the new employer”, in relation to the employee, means such higher education funding council as may be specified in relation to the employee by the order designating him for the purposes of this section; and in this subsection “higher education funding council” includes the Scottish Higher Education Funding Council.

(4)Without prejudice to subsection (2) above, where that subsection applies—

(a)all the existing employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred on the appointed day to the new employer, and

(b)anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall as from that date be treated as having been done by or in relation to the new employer.

(5)Subsections (2) and (4) above are without prejudice to any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(6)An order under this section may designate a person either individually or as a member of a class or description of employees.

(7)In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of this section.

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Extent Information

E1S. 63 extends to Great Britain see s. 94(5).

Commencement Information

I25S. 63 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F23664 Transitional arrangements.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F236S. 64 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

FundsE+W

65 Administration of funds by [F237the HEFCW].E+W

(1)[F238The HEFCW] shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to [F239the HEFCW] by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.

(2)The activities eligible for funding under this section are—

(a)the provision of education and the undertaking of research by higher education institutions in [F240the HEFCW's] area,

(b)the provision of any facilities, and the carrying on of any other activities, by higher education institutions in their area which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research,

(c)the provision—

(i)by institutions in their area maintained or assisted by [F15local authorities], or

(ii)by such institutions in their area as are within the further education sector,

of prescribed courses of higher education, and

(d)the provision by any person of services for the purposes of, or in connection with, the provision of education or the undertaking of research by institutions within the higher education sector.

(3)[F241The HEFCW] may—

(a)make grants, loans or other payments to the governing body of any higher education institution in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above, and

(b)make grants, loans or other payments to any persons in respect of expenditure incurred or to be incurred by them for the purposes of the provision as mentioned in subsection (2)(c) above of prescribed courses of higher education or the provision of services as mentioned in subsection (2)(d) above,

subject in each case to such terms and conditions as [F242the HEFCW] think fit.

[F243(3A)In the application of subsection (3) above to any grants, loans or other payments by [F244the HEFCW], the reference to expenditure incurred or to be incurred by the governing body of a higher education institution as mentioned in paragraph (a) of that subsection includes a reference to expenditure incurred or to be incurred by any connected institution to which the governing body propose, with the consent of [F245the HEFCW], to pay the whole or part of any such grants, loans or other payments.

(3B)In subsection (3A) “connected institution”, in relation to a higher education institution, means any college, school, hall or other institution which [F246the HEFCW] are satisfied has a sufficient connection with that institution for the purposes of that subsection.]

(4)The terms and conditions on which [F247the HEFCW] may make any grants, loans or other payments under this section may in particular—

(a)enable [F248the HEFCW] to require the repayment, in whole or in part, of sums paid by [F248the HEFCW] if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b)require the payment of interest in respect of any period during which a sum due to [F248the HEFCW] in accordance with any of the terms and conditions remains unpaid,

but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from [F248the HEFCW].

F249(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section and section 66 of this Act “higher education institution” means a university, an institution conducted by a higher education corporation or a designated institution.

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Amendments (Textual)

F237Words in s. 65 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F238Words in s. 65(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(3)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F239Words in s. 65(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(3)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F240Words in s. 65(2)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F241Words in s. 65(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(5)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F242Words in s. 65(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(5)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F243S. 65(3A)(3B) inserted (retrospectively) by 1998 c. 30, ss. 27, 46(3) (with s. 42(8))

F244Words in s. 65(3A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(6)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F245Words in s. 65(3A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(6)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F246Words in s. 65(3B) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(7); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F247Words in s. 65(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(8)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F248Words in s. 65(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(8)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F249S. 65(4A)(4B) repealed (1.9.2002) by 2001 c. 10, s. 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C14S. 65(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1

Commencement Information

I26S. 65 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

66 Administration of funds: supplementary.E+W

(1)Before exercising their discretion under section 65(3)(a) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, [F250the HEFCW] shall consult such of the following bodies as appear to [F251the HEFCW] to be appropriate to consult in the circumstances—

(a)such bodies representing the interests of higher education institutions as appear to [F251the HEFCW] to be concerned, and

(b)the governing body of any particular higher education institution which appears to [F251the HEFCW] to be concerned.

(2)In exercising their functions in relation to the provision of financial support for activities eligible for funding under section 65 of this Act [F252the HEFCW] shall have regard to the desirability of not discouraging any institution for whose activities financial support is provided under that section from maintaining or developing its funding from other sources.

(3)In exercising those functions [F253the HEFCW] shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining—

(a)what appears to them to be an appropriate balance in the support given by them as between institutions which are of a denominational character and other institutions, and

(b)any distinctive characteristics of any institution within the higher education sector for whose activities financial support is provided under that section.

(4)For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to [F254the HEFCW] that either—

(a)at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,

(b)any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or

(c)any of the property held for the purposes of the institution is held on trust for or in connection with—

(i)the provision of education, or

(ii)the conduct of an educational institution,

in accordance with the tenets of a religion or religious denomination.

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Amendments (Textual)

F250Words in s. 66(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(2)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F251Words in s. 66(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(2)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F252Words in s. 66(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F253Words in s. 66(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F254Words in s. 66(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

Commencement Information

I27S. 66 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

67 Payments in respect of persons employed in provision of higher or further education.E+W

(1)In section 133 of the M5Education Reform Act 1988 (payments by PCFC in respect of persons employed in the provision of higher or further education) for subsection (1) there is substituted—

(1)A higher education funding council shall have power to make payments, subject to such terms and conditions as the council think fit, to—

(a)any [F15local authority] in their area;

(b)the London Residuary Body;

(c)the London Pensions Fund Authority; and

(d)the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.

(2)In subsection (2)(a) of that section (meaning of relevant expenditure) after “education authority” there is inserted “ the London Residuary Body or the London Pensions Fund Authority ”.

(3)At the end of subsection (3) of that section (meaning of references to higher and further education) there is added “ and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date ”.

(4)In subsection (4) of that section (duty to give information) after paragraph (a) there is inserted—

(aa)the London Residuary Body;

(ab)the London Pensions Fund Authority.

(5)That section as originally enacted shall have effect, or be treated as having had effect, as if—

(a)in subsection (1), in relation to anything done before regulations for the purposes of that subsection were in force, the words “of any class or description prescribed for the purposes of this section” were omitted, and

(b)in subsections (1) and (2) the references to a [F15local authority] included the London Residuary Body and the London Pensions Fund Authority.

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Amendments (Textual)

Commencement Information

I28S. 67 wholly in force: s. 67(2)-(5) in force at 6.5.1992; s. 67(1) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3

Marginal Citations

68 Grants to [F255the HEFCW].E+W

(1)The Secretary of State may make grants to [F256the HEFCW] of such amounts and subject to such terms and conditions as he may determine.

(2)The terms and conditions subject to which grants are made by the Secretary of State to [F257the HEFCW]

(a)may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by [F258the HEFCW] in respect of activities carried on by the institution, but

(b)shall not otherwise relate to the provision of financial support by [F258the HEFCW] in respect of activities carried on by any particular institution or institutions.

(3)Such terms and conditions may not be framed by reference to particular courses of study or programmes of research (including the contents of such courses or programmes and the manner in which they are taught, supervised or assessed) or to the criteria for the selection and appointment of academic staff and for the admission of students.

(4)Such terms and conditions may in particular—

(a)enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.

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Amendments (Textual)

F255Words in s. 68 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F256Words in s. 68(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F257Words in s. 68(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(4)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

F258Words in s. 68(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(4)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

Modifications etc. (not altering text)

C15S. 68 excluded (1.9.2005) by Education Act 2005 (c. 18), ss. 88(5), 125(3)(a)

C16S. 68 modified (14.6.2006) by Higher Education Act 2004 (c. 8), ss. 23, 52(2) (with ss. 24-29); S.I. 2006/51, art. 2

C17S. 68(1) extended (16.7.1998) by 1998 c. 30, ss. 26(3), 46(3) (with s. 42(8))

C18S. 68(1) extended (31.3.2011) by Higher Education Act 2004 (c. 8), ss. 27, 52(3); S.I. 2011/297, art. 3(a)

Commencement Information

I29S. 68 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Further functionsE+W

69 Supplementary functions.E+W

(1)[F259The HEFCW]

(a)shall provide the Secretary of State with such information or advice relating to the provision for their area of higher education as he may from time to time require, and

(b)may provide the Secretary of State with such information or advice relating to such provision as they think fit,

and information and advice provided under this subsection shall be provided in such manner as the Secretary of State may from time to time determine.

F260(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F261The HEFCW] shall keep under review activities eligible for funding under section 65 of this Act.

(3)[F262The HEFCW] may provide, on such terms as may be agreed, such advisory services as the Department of Education for Northern Ireland or the Department of Agriculture for Northern Ireland may require in connection with the discharge of the department’s functions relating to higher education in Northern Ireland.

(4)Where—

(a)any land or other property is or was used or held for the purposes of [F263an institution in Wales], and

(b)the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event,

then, if the institution is within the higher education sector, the Secretary of State may direct that all or any of his functions in respect of the property shall be exercisable on his behalf by [F264the HEFCW], and the functions shall be so exercised in accordance with such directions as he may give from time to time.

(5)The Secretary of State may by order confer or impose on [F265the HEFCW] such supplementary functions relating to the provision of education as he thinks fit.

(6)For the purposes of subsection (5) above a function is a supplementary function in relation to [F266the HEFCW] if it is exercisable for the purposes of—

(a)the exercise by the Secretary of State of functions of his under any enactment, or

(b)the doing by the Secretary of State of anything he has power to do apart from any enactment,

and it relates to, or to the activities of, any institution mentioned in subsection (7) below.

(7)Those institutions are—

(a)institutions within the higher education sector, or

(b)institutions within the further education sector, or maintained or assisted by [F15local authorities], at which prescribed courses of higher education are currently provided.

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Amendments (Textual)

F259Words in s. 69(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F260S. 69(1A)(1B) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F261Words in s. 69(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F262Words in s. 69(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(5); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F263Words in s. 69(4)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(6)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F264Words in s. 69(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(6)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F265Words in s. 69(5) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(7); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

F266Words in s. 69(6) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(7); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)

Commencement Information

I30S. 69 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

F26870 [F267England: assessment] of quality of education provided by institutions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F268S. 70 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 19; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 6)

Commencement Information

I31S. 70 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Institutions in the higher education sectorE+W

71 Higher education corporations: constitution and conduct.E+W

(1)After section 124 of the M6Education Reform Act 1988 there is inserted—

124A Constitution and conduct of corporations.

(1)For each higher education corporation established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.

(2)The initial instrument of government of a higher education corporation established on or after that day shall be such as is prescribed by an order of the Privy Council.

(3)An order of the Privy Council may—

(a)make an instrument of government of any higher education corporation with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in place of the instrument prescribed under subsection (2) above; or

(b)modify an instrument made in pursuance of this subsection.

(4)An instrument of government of a higher education corporation—

(a)shall comply with the requirements of Schedule 7A to this Act; and

(b)may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

(5)An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.

(6)The validity of any proceedings of a higher education corporation for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.

(7)Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation for which an instrument of government has effect and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(8)In relation to a higher education corporation for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.

(9)The Secretary of State may by order amend or repeal any of paragraphs 3 to 5 and 11 of Schedule 7A to this Act.

(10)In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.

124B Accounts.

(1)It shall be the duty of each corporation—

(a)to keep proper accounts and proper records in relation to the accounts; and

(b)to prepare in respect of each financial year of the corporation a statement of accounts.

(2)The statement shall—

(a)give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and

(b)comply with any directions given by the higher education funding council as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(3)The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.

(4)The accounts (including any statement prepared under this section) shall be audited by persons appointed in respect of each financial year by the corporation.

(5)The corporation shall consult, and take into account any advice given by, the Audit Commission for Local Authorities and the National Health Service in England and Wales before appointing any auditor under subsection (4) above in respect of their first financial year.

(6)No person shall be qualified to be appointed auditor under that subsection except—

(a)an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989;

(b)a member of the Chartered Institute of Public Finance and Accountancy; or

(c)a firm each of the members of which is a member of that institute.

(7)In this section, in relation to a corporation—

  • the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and

  • financial year” means that period and each successive period of twelve months.

124C Initial and transitional arrangements.

(1)The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members.

(2)In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

(3)The following provisions apply where an instrument of government is made under section 124A of this Act for a higher education corporation with respect to which Schedule 7 to this Act has effect.

(4)The instrument shall apply, subject to subsection (5) below, as if the persons who, immediately before its coming into effect, were the members of the corporation had been appointed in accordance with the instrument for the residue of the term of their then subsisting appointment.

(5)Any local authority nominee, teacher nominee, general staff nominee or student nominee (within the meaning, in each case, of Schedule 7 to this Act) shall cease to hold office.

124D Exercise of Powers by Privy Council.

(1)This section applies in relation to the exercise of powers for the purposes of this Part of this Act.

(2)A power vested in the Privy Council may be exercised by any two or more of the lords and others of the Council.

(3)An act of the Privy Council shall be sufficiently signified by an instrument signed by the clerk of the Council.

(4)An order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council.

(5)An instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

(2)In section 125 of that Act (articles of government) for “the Secretary of State” (in each place where it appears) there is substituted “ the Privy Council ”; but nothing in this subsection requires further approval to be given for anything approved by the Secretary of State under that section before the commencement of this subsection.

(3)In Schedule 7 to that Act (constitution of higher education corporations)—

(a)at the end of paragraph 7 (appointments) there is added—

(8)If the number of independent members of the corporation falls below the number needed in accordance with its articles of government for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum, and

(b)in paragraph 18 (accounts) after sub-paragraph (2) there is inserted—

(2A)The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.

(4)After that Schedule there is inserted the Schedule set out in Schedule 6 to this Act.

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Commencement Information

I32S. 71 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

72 Further power of designation.E+W

(1)In section 129 of the M7Education Reform Act 1988 (designation of institutions)—

(a)for subsections (1) and (2) there is substituted—

(1)The Secretary of State may by order designate as an institution eligible to receive support from funds administered by a higher education funding council—

(a)any institution which appears to him to fall within subsection (2) below; and

(b)any institution which is, or is to be, conducted by a successor company to a higher education corporation.

(2)An institution falls within this subsection if its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number, and

(b)subsections (3) and (4) of that section are omitted.

(2)An order in force immediately before the commencement of subsection (1) above designating an institution as falling within subsection (3) of that section shall have effect as if made under that section as amended by subsection (1) above.

(3)In this Part of this Act “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of that Act has effect.

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Commencement Information

I33S. 72 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

73 Government and conduct of designated institutions.E+W

(1)After section 129 of the M8Education Reform Act 1988 there is inserted—

129A Government and conduct of designated institutions.

(1)This section has effect in relation to any designated institution, other than an institution conducted by a company.

(2)For each such institution there shall be—

(a)an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government); and

(b)an instrument in accordance with which the institution is to be conducted (to be known as the articles of government),

each of which meets the requirements of subsection (3) below.

(3)Those requirements are that the instrument—

(a)was in force when the designation took effect; or

(b)is made in pursuance of a power under a regulatory instrument, or is made under subsection (5) below,

and is approved for the purposes of this section by the Privy Council.

(4)In this section “regulatory instrument”, in relation to an institution, means any instrument of government or articles of government and any other instrument relating to or regulating the institution.

(5)Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the body of persons responsible for the management of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.

(6)If an instrument approved by the Privy Council for the purposes of this section—

(a)falls within subsection (3)(a) above or was made in pursuance of a power under a regulatory instrument and, apart from this section, there is no power to modify it; or

(b)was made by the body of persons responsible for the management of the institution,

the instrument may be modified by those persons.

(7)Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council’s consent.

(8)Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult—

(a)the governing body of the institution, and

(b)where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,

so far as it appears to them to be practicable to do so.

(9)Nothing in this section requires further approval for any instrument approved by the Secretary of State for the purposes of section 156 of this Act, and references in this section to instruments approved by the Privy Council for the purposes of this section include instruments so approved by the Secretary of State.

(10)In this section and section 129B “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect but does not include any institution established by Royal Charter.

129B Designated institutions conducted by companies.

(1)This section has effect in relation to any designated institution conducted by a company.

(2)The articles of association of the company shall incorporate—

(a)provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution); and

(b)provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

(3)The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—

(a)the memorandum or articles of association of the company; or

(b)any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as they may specify in the direction.

(4)No amendment of the memorandum or articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Privy Council for their approval and they have notified their approval to the company.

(5)Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.

(2)Section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated institutions.

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Commencement Information

I34S .73 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

74 Transfer of further education institutions to higher education sector.E+W

(1)After section 122 of the M9Education Reform Act 1988 (orders incorporating higher education institutions maintained by [F15local authorities]) there is inserted—

122A Orders transferring further education corporations to higher education sector.

(1)The Secretary of State may by order provide for the transfer of a further education corporation to the higher education sector if it appears to him that the full-time equivalent enrolment number of the institution conducted by the corporation for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.

(2)Where an order under this section is made in respect of a further education corporation, sections 124A and 125 of this Act shall have effect as if—

(a)on the date the order has effect, the corporation were established as a higher education corporation, and

(b)the Secretary of State were the appointing authority in relation to the first members of the higher education corporation.

(3)In determining in pursuance of subsection (2)(b) above the number of members to appoint within each variable category of members, the Secretary of State shall secure that at least half of all the members of the higher education corporation as first constituted are independent members; and in this subsection “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

(4)On such date as may be specified in the order the corporation shall cease to be a further education corporation and become a higher education corporation and any member of the further education corporation who is not re-appointed by the Secretary of State in pursuance of subsection (2)(b) above shall cease to hold office on that date.

(2)An order under section 129 of the M10Education Reform Act 1988 (designation of institutions for the purposes of the higher education sector) in respect of any institution may revoke any order in respect of that institution under section 28 of this Act.

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Amendments (Textual)

Commencement Information

I35S. 74 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

Marginal Citations

75 Variation of trust deeds.E+W

In section 157 of the M11Education Reform Act 1988 (variation of trust deeds, etc.) for subsections (1) to (3) (variations by Secretary of State in connection with institutions in the higher education sector or designated assisted institutions) there is substituted—

(1)An order of the Privy Council may modify any trust deed or other instrument—

(a)relating to or regulating any such institution as is mentioned in subsection (2) below; or

(b)relating to any land or other property held by any person for the purposes of any such institution.

(2)The institutions referred to in subsection (1) above are—

(a)any institution conducted by a higher education corporation; and

(b)any institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect, other than an institution established by Royal Charter.

(3)Before making any modifications under subsection (1) above of any trust deed or other instrument the Privy Council shall so far as it appears to them to be practicable to do so consult—

(a)the governing body of the institution;

(b)where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons; and

(c)where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.

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Modifications etc. (not altering text)

C19S. 75(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2

Commencement Information

I36S. 75 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

76 Power to award degrees, etc.E+W

(1)The Privy Council may by order

[F269(a)specify any institution which provides higher education as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) and (b) below][F270;

(b)specify any institution F271... within the further education sector as competent to grant in pursuance of this section an award of the kind mentioned in subsection (2A) below.]

(2)The kinds of award referred to in [F272subsection (1)(a)] above are—

(a)awards granted to persons who complete an appropriate course of study and satisfy an appropriate assessment, and

(b)awards granted to persons who complete an appropriate programme of supervised research and satisfy an appropriate assessment,

and in this section “award” means any degree, diploma, certificate or other academic award or distinction and “assessment” includes examination and test.

[F273(2A)The kind of award referred to in subsection (1)(b) above is a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment.]

[F274(2B)Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—

(a)the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and

(b)the Privy Council considers that the proposals are satisfactory and are likely to be carried out.]

(3)An institution for the time being specified in such an order may grant any award of a kind mentioned in subsection (2)(a) or (b) [F275or (2A)] above which it is competent to grant by virtue of the order to persons who complete the appropriate course of study or, as the case may be, programme of supervised research on or after the date specified in the order.

(4)An institution specified in such an order [F276as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above] may also—

(a)grant honorary degrees, and

(b)grant degrees to members of the academic and other staff of the institution.

[F277(4A)An institution specified in such an order as competent to grant in pursuance of this section the kind of award mentioned in subsection (2A) above may also—

(a)grant honorary foundation degrees, and

(b)grant foundation degrees to members of the academic and other staff of the institution.]

(5)[F278Subject to subsection (5A) below, any] power conferred on an institution to grant awards in pursuance of this section includes power—

(a)to authorise other institutions to do so on behalf of the institution,

(b)to do so jointly with another institution, and

(c)to deprive any person of any award granted to him by or on behalf of the institution in pursuance of this section (or, in the case of an award granted to him by the institution and another institution jointly, to do so jointly with the other institution).

[F279(5A)An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution's power to grant such awards does not include the power described in subsection (5)(a) above.]

(6)[F280Subject to subsection (6A) below, it] shall be for the institution to determine in accordance with any relevant provisions of the instruments relating to or regulating the institution the courses of study or programmes of research, and the assessments, which are appropriate for the grant of any award and the terms and conditions on which any of the powers conferred under this section may be exercised.

[F281(6A)An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution is not to grant such an award to a person unless he was enrolled at the institution at the time he completed the course of study for which the award is granted.]

(7)Section 124D of the M12Education Reform Act 1988 applies in relation to orders under subsection (1) above as it applies in relation to the exercise of powers for the purposes of Part II of that Act.

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Amendments (Textual)

F270S. 76(1)(b) and preceding semi-colon inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(b), 32(5); S.I. 2007/3505, art. 6

Commencement Information

I37S. 76 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

77 Use of “university” in title of institution.E+W

(1)Where—

(a)power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, and

(b)the educational institution is within the higher education sector,

then, if the power is exercisable with the consent of the Privy Council, it may (whether or not the institution would apart from this section be a university) be exercised with the consent of the Privy Council so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body.

(2)The reference in subsection (1) above to a power to change the name of an institution or body includes any power (however expressed and whether or not subject to any conditions or restrictions) in the exercise of which the name of the institution or body may be changed; but the power as extended by that subsection has effect subject to any such conditions or restrictions.

(3)In exercising any power exercisable by virtue of this section to consent to a change in any name the Privy Council shall have regard to the need to avoid names which are or may be confusing.

(4)Any educational institution whose name includes the word “university” by virtue of the exercise of any power as extended by subsection (1) above is to be treated as a university for all purposes [F282, unless in that name that word is immediately followed by the word “college” or “collegiate”.]

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Amendments (Textual)

F282Words in s. 77(4) added (1.10.1998) by 1998 c. 30, ss.40, 46(4) (with s. 42(8)); S.I. 1998/2215, art. 2

Commencement Information

I38<