Part IE+W+S Further education

Chapter IIIE+W General

[F257 Intervention [F1: Wales]E+W

(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution [F3in Wales] within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2)These are the conditions—

(a)[F4the Welsh Ministers are] satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b)[F5they are] satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act [F6or any Measure of the National Assembly for Wales];

(c)[F7they are] satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act [F8or any Measure of the National Assembly for Wales];

[F9(d)they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.]

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If this section applies [F11the Welsh Ministers] may by order—

(a)declare which of the conditions is (or are) satisfied, and

(b)do one or more of the things listed in subsection (5).

(5)[F12They may]—

(a)remove all or any of the members of the institution’s governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as [F13they think] expedient as to the exercise of their powers and performance of their duties.

[F14(5A)The directions that may be given to a governing body under this section include [F15—

(a)] a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction.[F16, and

(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]

[F17(5B)A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]

(6)Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

[F18(6A)The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(6B)But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.]

(7)A governing body must comply with any directions given to them under this section.

(8)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F19(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F1Words in s. 57 heading inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(7); S.I. 2008/1065, art. 2(c)

F2S. 57 substituted (1.1.2001 for W. and 1.4.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 34 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)