Further and Higher Education Act 1992 (c. 13)

SCHEDULES

Section 20.

SCHEDULE 4 E+W Instruments and articles of government for further education corporations [F1 and sixth form college corporations]

Textual Amendments

F1 Words in Sch. 4 heading inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 15(6); S.I. 2010/303, art. 3, Sch. 2

Commencement Information

I1 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

[F2 1 E+W In this Schedule—

• “instrument” means an instrument of government or articles of government;

• “the institution” means—

  (a)

  in the case of a further education corporation, the institution which the corporation is established to conduct;

  (b)

  in the case of a sixth form college corporation, the relevant sixth form college.]

Textual Amendments

F2 Sch. 4 para. 1 substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 15(2); S.I. 2010/303, art. 3, Sch. 2

[F3 1A E+W Provision made by an instrument under this Schedule in relation to the appointment of members [F4 of a further education corporation] shall take into account the members who may be appointed by—

[F5 (a) the Chief Executive of Skills Funding under section 56AA,] or

(b) [F6 the National Assembly for Wales] under section 39 of [F7 the Learning and Skills Act 2000].]

Textual Amendments

F3 Sch. 4 para. 1A inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 44(2); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F4 Words in Sch. 4 para. 1A inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 15(3); S.I. 2010/303, art. 3, Sch. 2

F5 Sch. 4 para. 1A(a) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 12(a); S.I. 2010/303, art. 3, Sch. 2

F6 Words in Sch. 4 para. 1A substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 28 (with art. 7)

F7 Words in Sch. 4 para. 1A(b) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 12(b); S.I. 2010/303, art. 3, Sch. 2

[F8 1B E+W Provision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—

(a) the responsible local education authority under section 56F;

(b) the YPLA under section 56I.]

Textual Amendments

F8 Sch. 4 para. 1B inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 15(4); S.I. 2010/303, art. 3, Sch. 2

2 (1) An instrument shall provide for the number of members of the further education corporation [F9 or sixth form college corporation], the eligibility of persons for membership and the appointment of members. E+W

(2) An instrument may provide for the nomination of any person for membership by another, including by a body nominated by the Secretary of State.

Textual Amendments

F9 Words in Sch. 4 para. 2(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 15(5); S.I. 2010/303, art. 3, Sch. 2

Commencement Information

I2 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

3 E+W An instrument shall provide for one or more officers to be chosen from among the members.

Commencement Information

I3 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

4 E+W An instrument may provide for the corporation to establish committees and permit such committees to include persons who are not members of the corporation.

Commencement Information

I4 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

5 E+W An instrument may provide for the delegation of functions of the corporation to officers or committees [F10 or to the principal of the institution].

Textual Amendments

F10 Words in Sch. 4 para. 5 inserted (retrospectively) by 2000 c. 21, s. 149, Sch. 9 para. 44(3)(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.

Commencement Information

I5 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

6 E+W An instrument may provide for the corporation to pay allowances to its members.

Commencement Information

I6 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

7 E+W An instrument shall provide for the authentication of the application of the seal of the corporation.

Commencement Information

I7 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

8 E+W An instrument shall require the corporation to keep proper accounts and proper records in relation to the accounts and to prepare in respect of each financial year of the corporation a statement of accounts.

Commencement Information

I8 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

9 E+W An instrument shall provide for the appointment of a principal of the institution and determine which functions exercisable in relation to the institution are to be exercised by the corporation, its officers or committees and which by the principal of the institution.

Commencement Information

I9 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

10 E+W An instrument shall make provision about the procedures of the corporation and of the institution.

Commencement Information

I10 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

11 E+W An instrument shall provide—

(a) for the appointment, promotion, suspension and dismissal of staff, and

(b) for the admission, suspension and expulsion of students.

Commencement Information

I11 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

12 E+W An instrument may make provision authorising the corporation to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws about the conduct of students, staff or both.

Commencement Information

I12 Sch. 4 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2