Statutory Instruments
Education, England
Made
26th July 2010
Laid before Parliament
30th July 2010
Coming into force
2nd September 2010
In accordance with section 33B(3) of the Further and Higher Education Act 1992(1) (“the Act”), the governing body of The Henley College (“the College”) has applied for this Order to be made.
It is the opinion of the Secretary of State for Education that the College is within section 33B(4) of the Act.(2)
The power in 33B(1) of the Act to make this Order is exercisable by virtue of the date, 8th March 2010, specified in an Order under section 33A(5)(b) having passed.(3)
Accordingly, the Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 33B(1) and (7) of the Act:
1. This Order may be cited as The Henley College Sixth Form College Corporation Designation (England) Order 2010 and comes into force on 2nd September 2010.
2. The body corporate of The Henley College, being a body corporate of the kind specified in section 33B(2) of the Act, is designated as a sixth form college corporation.
3. Designation as a sixth form college corporation under this Order does not affect the continuity of the body corporate, and its instrument and articles of government.
Nick Gibb
Minister of State for Schools
Department for Education
26th July 2010
(This note is not part of the Order)
Section 33B of the Further and Higher Education Act 1992 makes provision for the body corporate of a further education corporation, or those bodies corporate established by an Order under section 143(4) of the Learning and Skills Act 2000(4) in respect of an institution in England, to apply to be designated as a sixth form college corporation.
This Order designates The Henley College, a former further education college, as a sixth form college corporation, the Secretary of State for Education being satisfied that the College falls within section 33B(4) of the Act.
The Order provides for the continuity of the body corporate and its instrument and articles of government.
1992 c.13. Section 33B was inserted by section 125 of, and paragraph 3 of Schedule 8 to, the Apprenticeships, Skills, Children and Learning Act 2009 c.22.
Section 33B(4) provides that a college is within that section 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.
Pursuant to section 33B(8), the power under section 33B(1) is exercisable by virtue of the passing of the date specified in an Order made under s33A(5)(b) for the exercising of the power under 33A(1).