Further education institutions: governance

I1I23Dissolution of further education corporations

For sections 27 to 27C of the Further and Higher Education Act 1992 substitute—

27Proposals for dissolution of further education corporations

1

This section applies if a further education corporation propose that the corporation should be dissolved.

2

The corporation must publish—

a

details of the proposal, and

b

such other information as may be prescribed by regulations made by the appropriate authority.

3

The publication is to be in accordance with regulations made by the appropriate authority.

4

The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.

5

In this section, “the appropriate authority” means—

a

in relation to a further education corporation in England, the Secretary of State, and

b

in relation to a further education corporation in Wales, the Welsh Ministers.

27ADissolution of further education corporations

1

This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.

2

The dissolution date” means the date specified in a resolution under subsection (1).

3

The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.

4

The corporation are dissolved on the dissolution date.

5

In this section, “the appropriate authority” has the meaning given in section 27.

27BDissolution of further education corporations: transfer of property, rights and liabilities

1

At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.

2

The corporation may do so only with the consent of the person or body concerned.

3

A transfer under subsection (1) has effect on the dissolution date.

4

Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

5

Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

6

In this section, “the appropriate authority” has the meaning given in section 27.