The Sixth Form College Corporations (Publication of Proposals) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 33C of the Further and Higher Education Act 1992 (“the Act”) gives the Secretary of State power to establish, by order, a sixth form college corporation. Before the Secretary of State may make such an order, the proposer must publish proposals in accordance with requirements set out in section 33C(3). The proposer must also consider any representations about the proposal within the prescribed period.

Section 33N of the Act provides that where a sixth form college corporation proposes to dissolve they must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations. They must also consult on the proposal, and take account of the views of those consulted, in accordance with regulations.

These Regulations (which apply in relation to England) prescribe the time and manner of publication and the content of proposals made by the proposer for the establishment of sixth form college corporations, for the purposes of section 33C(3). They also prescribe the time for considering representations on the proposal.

The Regulations also prescribe the details of what a sixth form college corporation must include in proposals for dissolving the corporation under section 33N(2) and makes provision for the consultation on the proposal the corporation must carry out under section 33N(3).

Regulation 3 provides a proposal to establish a sixth form college corporation must be published at least four months before the date which is specified in the proposal for the establishment of the corporation. It also provides who a copy of the proposal should be sent to and for a period of at least one month beginning on the day of publication for representations to be made on the proposal.

Regulation 4 provides the corporation must publish the proposal at least four months before the date which is specified in the proposal for the dissolution of the sixth form college corporation. It also provides who a copy of the proposal should be sent to and for a period of at least one month beginning on the day of publication for representations to be made on the proposal. This regulation also provides for the publication of a summary of the consultation within one month of the consultation, and for it to be made available free of charge to any person who requests it.

Paragraph 1 of the Schedule sets out the information which should be included in any proposal to establish a sixth form college corporation.

Paragraph 2 of the Schedule sets out the information which should be included in any proposal to dissolve the corporation.

An impact assessment has not been produced for this instrument as it has no impact on businesses or civil society organisations. The instrument has a minimal impact on the public sector.