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Further and Higher Education Act 1992

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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 [F1local 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 [F1local 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.

[F2(2)Subsection (1) above does not apply to an institution which is maintained by a [F1local 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 [F1local 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)

F2S. 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

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 [F3or which has become a further education corporation by virtue of section [F433D 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)

F3Words 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

[F5(aa)provide secondary education [F6suitable 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,

[F7and those powers are referred to in section 19 of this Act as the corporation’s principal powers].

[F8(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 [F1local 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.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5S. 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

F6Words 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

F7Words 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

F8S. 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

F9S. 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)

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 F10... ).

(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,

[F11(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 [F12(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 23 to 27 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.

[F13[F14(4A)The power conferred by subsection (4)(bb) above may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)investing in a company conducting an educational institution.

(4AA)The power conferred by subsection (4)(bc) above may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)becoming a member of a charitable incorporated organisation conducting an educational institution.

(4AB)But a restriction on the exercise of a power imposed by subsection (4A) or (4AA) above shall not apply to the extent that the appropriate authority consents to the exercise of the power in a way which does not comply with the restriction.

(4AC)In subsection (4AB) above “the appropriate authority” means—

(a)in relation to a further education corporation in England, the [F15Chief Executive of Skills Funding];

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

(4B)[F16Neither the power conferred by subsection (4)(bb) above nor the power conferred by subsection (4)(bc) above may be exercised] for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the [F17Chief Executive of Skills Funding] or the [F18National Assembly for Wales in the discharge of its functions under Part 2 of the Learning and Skills Act 2000].

(4C)But subsection (4B) above shall not apply to the extent that [F19the [F20Chief Executive]] [F21or the National Assembly for Wales (as the case may be)] consents to the exercise of the power conferred by subsection (4)(bb) above [F22or the power conferred by subsection (4)(bc) above] in a way which does not comply with the restriction in subsection (4B).]

(5)The power conferred on a further education corporation by subsection (4)(c) above to borrow money may not be exercised without the consent of the [F23appropriate body], and such consent may be given for particular borrowing or for borrowing of a particular class.

[F24(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.]

[F25(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.]

[F26(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)

F10Words 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

F11S. 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))

F12Words 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)

F13S. 19(4A)-(4C) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(4); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F14S. 19(4A)-(4AC) substituted for s. 19(4A) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(3), 32(1)

F16Words in s. 19(4B) substituted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(4), 32(1)

F22Words in s. 19(4C) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(5), 32(1)

F24S. 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

[F2719ADuty in relation to promotion of well-being of local areaE+W

(1)This section applies to a further education corporation established in respect of an educational institution in England.

(2)In exercising their functions under sections 18 and 19, the corporation must—

(a)have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area, and

(b)in doing so, have regard to any guidance issued by the Secretary of State about co-operation with a view, directly or indirectly, to advancing that objective.

(3)In subsection (2)—

(a)the reference to the well-being of an area includes a reference to the well-being of people who live or work in the area;

(b)co-operation”, in relation to a further education corporation, means any form of co-operation, including consulting, seeking advice or assistance from, providing advice or assistance to, or collaborating or otherwise participating in joint working with, other educational institutions, employers or other persons (who may be, or include, persons outside the local area).

(4)In this section, “the local area”, in relation to a further education corporation, means the locality of the institution in respect of which they are established.

(5)Nothing in this section is to be taken to affect the operation of section 49A.]

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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).

(2)Instruments of government and articles of government—

(a)shall comply with the requirements of Schedule 4 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.

(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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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—

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29. . . shall be such as is prescribed by regulations.

(2)Such F30. . . regulations—

(a)may provide for all or any of the persons who, on the date on which a corporation is established to conduct the F31. . . 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 F32. . . 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 [F33a maintained school, the governing body incorporated under [F34section 19 of the Education Act 2002]] shall, on the operative date, be dissolved.

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Amendments (Textual)

F29Words, 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.

F31Words 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.

F32Words 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.

F33Words 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.

F34Words 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

22 Subsequent instruments and articles.E+W

(1)The Secretary of State may, after consulting the [F35appropriate body]

(a)if a further education corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

(b)if such a corporation submits draft modifications of an instrument made under paragraph (a) above, by order modify the instrument in terms of the draft or in such terms as he thinks fit,

but shall not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the corporation.

(2)The Secretary of State may by order modify[F36, replace or revoke any instrument of government or articles] of government of any further education corporation.

(3)An order under subsection (2) above—

(a)may relate to all further education corporations, to any category of such corporations specified in the order or to any such corporation so specified, but

(b)shall not be made unless the Secretary of State has consulted the [F37appropriate body] and each further education corporation to which the order relates.

(4)A further education corporation may, with the consent of the Secretary of State—

(a)make new articles of government in place of their existing articles, or

(b)modify their existing articles.

(5)The Secretary of State may by a direction under this section require further education corporations, any class of such corporations specified in the direction or any particular further education corporation so specified—

(a)to modify[F38, replace or revoke] their articles of government, or

(b)to secure that any rules or bye-laws made in pursuance of their articles of government are modified[F39, replaced or revoked],

in any manner so specified.

(6)Before giving a direction under this section, the Secretary of State shall consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.

[F40(7)Nothing in this section requires the National Assembly for Wales to consult itself.]

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Amendments (Textual)

F36Words in s. 22(2) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 23(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

F38Words in s. 22(5)(a) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 23(3)(a); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

F39Words in s. 22(5)(b) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 23(3)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I

Commencement Information

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

[F4122A 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)

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