18Intervention: WalesE+W
(1)Section 57 of FHEA 1992 (intervention) is amended as set out in subsections (2) to (4).
(2)In subsection (2) (conditions for intervention), for paragraph (d) substitute—
“(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.”
(3)After subsection (5) insert—
“(5A)The directions that may be given to a governing body under this section include 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.”
(4)After subsection (6) insert—
“(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.”
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 18(5) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 4(a); S.I. 2014/1706, art. 3(h)
Commencement Information
I1S. 18(1)-(4) in force at 18.4.2008 by S.I. 2008/983, art. 2
I2S. 18(5) in force at 23.12.2007 by S.I. 2007/3565, art. 2