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Education Act 2002

Further education

Sections 136 to 140
Section 136: Provision of education

277.This section enables the Secretary of State to make regulations which have the effect of requiring FE teachers to have a specified qualification and which can require lecturers to serve a probationary period. This section re-enacts section 218(1)(a), (c) and (d) of the ERA with amendments.

Section 137: Principals of further education institutions

278.This section provides that the Secretary of State may make regulations making it compulsory for the principal of an FE college to have a specified qualification, which could include an induction programme. The regulations may allow a person to serve as principal while he is undertaking the induction programme within a specified period of time.

Section 138: Training in provision of further education

279.This section enables the Secretary of State to make regulations regulating the provision of courses which lead to a teaching qualification for an FE teacher or an FE principal qualification under sections 136 and 137. This section makes provision similar to that in section 218(9)(b) and (c) of the ERA.

Section 139: Wales: provision of higher education

280.This section allows the NAW to make regulations relating to the provision of courses of higher education at FE institutions in Wales. The section re-enacts section 218(9)(d) of the ERA so as to enable regulations to prohibit provision of such courses without the NAW’s approval and to regulate the numbers and categories of students on such courses. This provision will assist the NAW to assist in the planning of post 16 learning provision in Wales.

Section 140: Further education: general

281.This section permits exceptions to the regulations created under sections 136 to 139 and identifies the bodies that may have a function imposed on them under those sections. It also includes a definition of “education” which applies to sections 136-139. This definition includes certain types of training and reflects part of the definition of “further education” in the EA 96.

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