17.The FEFCs are statutory corporations created by section 1 of the Further and Higher Education Act 1992. They have a duty to secure for the population of England and Wales the provision of sufficient facilities for full-time education for all 16 to 18 year olds wanting such education. They also have a duty to secure the provision of adequate facilities for part-time education for those over compulsory school age and full-time education for those aged 19 or over, where education is provided by means of a course described in Schedule 2 to the Further and Higher Education Act 1992.
18.The FEFCs also have a power to secure the provision of courses which do not fall within Schedule 2. The FEFCs may only fund institutions in the FE or HE sectors. The only exception is where they consider it might be better to meet the needs of people with learning difficulties outside the FE sector. The FE sector consists mainly of former LEA-maintained FE and sixth form colleges, which were incorporated as statutory FE corporations in 1993, and other institutions, including former voluntary aided schools, that were designated as being eligible for funding from the FEFCs. The Further and Higher Education Act 1992 established the FE sector and provided for the incorporation of FE institutions. That Act’s provisions will continue to apply, subject to the amendments and repeals in this Act.