Part I

Further education
Chapter II

Institutions within the further education sector

Designation of institutions for funding by the councils

Designated institutions conducted by companies.
31
1
This section has effect in relation to any designated institution
in Wales
conducted by a company.
2
The articles of association of the company shall incorporate—
a
provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and
b
provision with respect to the conduct of the institution (to be known as the articles of government of the institution).
2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that—
a
the
articles of association
of the company, or
b
any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,
are amended in such manner as he may specify in the direction.
4
No amendment of the
articles of association
of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.
5
Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.
S. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Words in s. 31(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(2)
S. 31(2A) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(3), 11(2); S.I. 2014/1706, art. 3(d)
S. 31 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(1)
Words in s. 31(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)
Words in s. 31(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)