Technical and Further Education Act 2017

Functions of administrator and conduct of administration

24 General functions of education administrator

(1) Where an education administration order is in force in relation to a further education body, the body’s affairs, business and property are to be managed by the education administrator.

(2) The education administrator must carry out his or her functions for the purpose of achieving the objective of the education administration.

(3) In pursuing the objective of the education administration set out in section 16(1)(a) the education administrator must, in particular, take into account the needs of existing students who have special educational needs.

(4) The education administrator of a further education body that is a statutory corporation must, so far as is consistent with the objective of the education administration, carry out his or her functions in a way that achieves the best result for the further education body’s creditors as a whole.

(5) The education administrator of a further education body that is a company must, so far as is consistent with the objective of the education administration, carry out his or her functions in a way that achieves the best result for—

(a) the company’s creditors as a whole, and

(b) subject to that, the company’s members as a whole.

(6) For the purposes of this section an existing student has “special educational needs” if he or she has a learning difficulty which calls for special educational provision to be made for him or her.

(7) In subsection (6)—

• “special educational provision”, in relation to an existing student, means provision for education or training that is additional to, or different from, that made generally for other students of the same age;

• “learning difficulty” is to be read in accordance with section 19(6) and (7) of the Further and Higher Education Act 1992.

25 Transfer schemes

Schedule 2 gives an education administrator the power to make transfer schemes.

26 Conduct of administration

(1) Schedule 3 applies provisions of the Insolvency Act 1986, with modifications, in relation to the education administration of a further education body that is a statutory corporation.

(2) Schedule 4 makes similar provision in relation to the education administration of a further education body that is a company.