The Dissolution of Further Education Corporations and Sixth Form College Corporations (Prescribed Bodies) Regulations 2012

Statutory Instruments

2012 No. 1167

Education, England

The Dissolution of Further Education Corporations and Sixth Form College Corporations (Prescribed Bodies) Regulations 2012

Made

21st April 2012

Laid before Parliament

30th April 2012

Coming into force

21st May 2012

The Secretary of State for Business, Innovation and Skills makes the following Regulations, in exercise of the powers conferred by sections 27B(1) and 33P(1) of the Further and Higher Education Act 1992(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Dissolution of Further Education Corporations and Sixth Form College Corporations (Prescribed Bodies) Regulations 2012 and come into force on 21st May 2012.

(2) In these Regulations a reference to a section or a Part is a reference to a section or Part of the Further and Higher Education Act 1992.

Prescribed bodies

2.  For the purposes of sections 27B(1) and 33P(1) (the transfer of property, rights and liabilities upon dissolution), the bodies listed in the Schedule are the prescribed bodies(2).

John Hayes

Minister of State for Further Education, Skills and Lifelong Learning

Department for Business, Innovation and Skills

21st April 2012

Regulation 2

SCHEDULE

1.  A further education corporation.

2.  A sixth form college corporation.

3.  The governing body of a designated institution (for the purposes of Part I).

4.  The governing body of a school maintained by a local authority (within the meaning of section 20 of the School Standards and Framework Act 1998(3)).

5.  A local authority.

6.  A person concerned with the running of an Academy (within the meaning of section 1 of the Academies Act 2010(4)).

7.  A university receiving financial support under section 65.

8.  A higher education corporation.

9.  The governing body of a designated institution (for the purposes of Part II).

10.  A body corporate established for purposes which include the provision of educational facilities or services of any description.

11.  A person who is in receipt of a grant or eligible to receive grant under regulations made under section 485 of the Education Act 1996(5), for the purposes of, or in connection with, the provision, or proposed provision, of educational services.

12.  A person who is in receipt of financial assistance under section 14 of the Education Act 2002(6) for, or in connection with, the provision, or proposed provision, of education or of educational services.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the bodies to which a further education corporation, or a sixth form college corporation, may transfer its property, rights and liabilities, upon its dissolution.

An impact assessment has not been produced for this instrument as it has no impact on businesses or civil society organisations. The instrument has a minimal impact on the public sector.

(1)

1992 c. 13: Section 27B was inserted by paragraph 7, and section 33P was inserted by paragraph 20, of Schedule 12 to the Education Act 2011 (c. 21). For the definition of regulations see section 61.

(2)

“Prescribed” means prescribed in regulations; see section 90(5) and section 579 of the Education Act 1996 (c. 56).

(3)

1998 c. 31.

(4)

2010 c. 32; section 1 was amended by sections 52 and 53 of the Education Act 2011 (c. 21).

(5)

Section 485 was amended by S.I. 2010/1158.

(6)

2002 c. 32.