Part 2Further education bodies: insolvency etc

CHAPTER 1Introduction

3Overview

This Part is mainly about the insolvency of further education bodies—

(a)

Chapter 2 ensures that normal insolvency procedures apply to further education bodies that are statutory corporations;

(b)

Chapter 3 restricts the use of normal insolvency procedures;

(c)

Chapter 4 creates a special administration regime;

(d)

Chapter 5 is about the treatment of trust property held by certain bodies;

(e)

Chapter 6 imposes restrictions on existing procedures for dissolution;

(f)

Chapter 7 confers power to make provision about the disqualification of members of further education bodies.

4“Further education body”

(1)

In this Part “further education body” means—

(a)

a further education body in England, or

(b)

a further education body in Wales.

(2)

In this Part “further education body in England” means—

(a)

a further education corporation in England,

(b)

a sixth form college corporation, or

(c)

a company conducting a designated further education institution in England.

(3)

In this Part “further education body in Wales” means—

(a)

a further education corporation in Wales, or

(b)

a company conducting a designated further education institution in Wales.

5Other key definitions

In this Part—

  • “appropriate national authority”—

    1. (a)

      in relation to a further education body in England, means the Secretary of State;

    2. (b)

      in relation to a further education body in Wales, means the Welsh Ministers;

  • “company” means a company within the meaning of the Companies Act 2006;

  • “designated further education institution” means an institution that—

    1. (a)

      is designated under section 28 of the Further and Higher Education Act 1992, and

    2. (b)

      is principally concerned with the provision of further education;

  • “further education corporation” means a body corporate that—

    1. (a)

      is established under section 15 or 16 of the Further and Higher Education Act 1992, or

    2. (b)

      has become a further education corporation by virtue of section 33D or 47 of that Act;

  • “further education corporation in England” means a further education corporation established to conduct an institution in England;

  • “further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;

  • “sixth form college corporation” means a body corporate—

    1. (a)

      designated as a sixth form college corporation under section 33A or 33B of the Further and Higher Education Act 1992, or

    2. (b)

      established under section 33C of that Act.