Further and Higher Education (Scotland) Act 1992

3 Powers of Secretary of State. S

(1) The Secretary of State F1 ... may, subject to subsection (3) below—

(a) establish new colleges of further education;

(b) merge two or more colleges of further education;

(c) close colleges of further education.

(2) The powers of the Secretary of State in relation to the matters mentioned in paragraphs (a) to (c) of subsection (1) above shall be exercised by order; and an order under subsection (1)(a) above establishing a college of further education or under subsection (1)(b) above merging two or more colleges of further education shall contain provision—

(a) designating the name; and

(b) establishing a body corporate to be known as “the Board of Management of”,

the college so established or, as the case may be, created by merger.

(3) The power conferred by paragraphs (b) and (c) of subsection (1) above shall be exercised only in relation to colleges for which boards of management have been established in pursuance of this Part of this Act.

[F2 (4) The governing body (within the meaning of Part II of this Act) of a college of further education may, with the consent of the Scottish Ministers, change the name of the college or of the governing body.]

(5) The Secretary of State may by order amend Schedule 2 to this Act to make different provision to that contained, for the time being, in paragraphs 2 to 18 of that Schedule.

(6) The Secretary of State may by regulations prescribe requirements with which boards of management shall comply in discharging their functions under this Part of this Act [F3 and the Further and Higher Education (Scotland) Act 2005].

[F4 (7) Before making regulations under subsection (6), the Scottish Ministers must consult—

(a) the boards of management to which the regulations relate;

(b) any regional strategic body for a college of further education which has such a board;

(c) the students' association of each such college;

(d) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally;

(e) the Council;

(f) any body which appears to the Scottish Ministers to be representative of colleges of further education;

(g) the representatives of any trade union which is recognised by a board of management to which the regulations relate or which otherwise appears to the Scottish Ministers to be representative of its staff;

(h) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and

(i) any other person appearing to the Scottish Ministers as likely to be affected by the regulations.]

Textual Amendments

F1 Words in s. 3(1) repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 6(1)(a); S.S.I. 2005/419, art. 2(1)

F2 S. 3(4) substituted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 30, 36(2); S.S.I. 2005/419, art. 2(1)

F3 Words in s. 3(6) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 2(2)(a); S.S.I. 2014/21, art. 2, Sch. 1

F4 S. 3(7) inserted (13.1.2014 for specified purposes, 3.3.2014 in so far as not already in force) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 2(2)(b); S.S.I. 2013/348, art. 2, Sch.; S.S.I. 2014/21, art. 2, Sch. 1 (with arts. 3(4), 5, Sch. 2)

Commencement Information

I1 S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 63(2); s. 3(5) in force at 16.5.1992 and s. 3(1)-(4)(6) in force at 1.4.1993 by S.I. 1992/817, art. 3(2), Schs. 1, 4