Part I

Further education
Chapter II

Institutions within the further education sector

Sixth form college corporations: England

Subsequent designation of existing bodies corporate as sixth form college corporations
33B
1
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
2
A body corporate is within this subsection if it is—
a
a further education corporation established in respect of an institution in England, or
b
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
3
An order under subsection (1) may be made only if—
a
an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
b
the institution is one within subsection (4).
4
An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
5
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
6
On the date specified in the order—
a
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
b
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
c
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
7
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a sixth form college corporation.
8
The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)