Further and Higher Education Act 1992
Part I Further education
Chapter I Responsibility for further education
The new funding councils
1 The Further Education Funding Councils.
The new further education sector
2 Full-time education for 16 to 18 year-olds.
3 Part-time education, and full-time education for those over 18.
4 Persons with learning difficulties.
Finance
5 Administration of funds by councils.
6 Administration of funds: supplementary.
7 Grants to councils.
Further functions
8 Supplementary functions.
9 Assessment of quality of education provided by institutions.
Adjustment of local education authority sector
10 Adjustment of local authority sector
11 Adjustment of local authority sector
Provision of further education in schools
12 Provision of further education in maintained schools.
13 Provision of further education in grant-maintained schools.
General
14 Meaning of “further education”, “secondary education”, “school” and “pupil”.
Chapter II Institutions within the further education sector
The further education corporations
15 Initial incorporation of existing institutions.
16 Orders incorporating further institutions.
16APublication of proposals
17“Further education corporation” and “operative date”.
18 Principal powers of a further education corporation.
19 Supplementary powers of a further education corporation.
19ADuty in relation to promotion of well-being of local area
20 Constitution of corporation and conduct of the institution.
21 Initial instruments and articles.
22Subsequent instruments and articles
22A Charitable status of a further education corporation
Transfer of property, etc., to further education corporations
23 Transfer of property, etc.: institutions maintained by local authorities
24 Provisions supplementary to section 23.
25 Transfer of property, etc. from foundation bodies.
26 Transfer of staff to further education corporations.
Dissolution of further education corporations
27 Proposals for dissolution of further education corporations
27ADissolution of further education corporations
27BDissolution of further education corporations: transfer of property, rights and liabilities
27CRestrictions on dissolution in insolvency situations
Designation of institutions for funding by the councils
28 Designation of institutions.
29Government and conduct of designated institutions
29AFirst post-designation instruments and articles of designated institutions...
29BChanges to instruments and articles
30 Special provision for certain institutions.
31 Designated institutions conducted by companies.
32 Transfer of property, etc., to designated institutions.
33 Provisions supplementary to section 32.
Sixth form college corporations: England
33AInitial designation of existing bodies corporate as sixth form college corporations
33BSubsequent designation of existing bodies corporate as sixth form college corporations
33CEstablishment of new bodies corporate as sixth form college corporations
33DConversion of sixth form college corporations into further education corporations
33EPrincipal powers of a sixth form college corporation
33FSupplementary powers of a sixth form college corporation
33GFurther provision about supplementary powers
33HDuty in relation to promotion of well-being of local area
33IConstitution of sixth form college corporation and conduct of sixth form college
33JSpecial provision for certain institutions
33KInstrument and articles of new sixth form college corporations
33LChanges to instruments and articles
33MCharitable status of a sixth form college corporation
33NProposals for dissolution of sixth form college corporations
33ODissolution of sixth form college corporations
33PDissolution of sixth form college corporations: transfer of property, rights and liabilities
33QRestrictions on dissolution in insolvency situations
Property, rights and liabilities: general
34 Making additional property available for use.
35 Voluntary transfers of staff in connection with section 34.
36 General provisions about transfers under Chapter II.
37 Attribution of surpluses and deficits.
38 Payments ... in respect of loan liabilities.
39 Control of disposals of land.
40 Wrongful disposals of land.
41 Control of contracts.
42 Wrongful contracts.
43 Remuneration of employees.
Miscellaneous
44 Collective worship.
45 Religious education.
46 Variation of trust deeds.
47 Transfer of higher education institutions to further education sector.
48 Statutory conditions of employment.
49 Avoidance of certain contractual terms.
49AConsultation
49BDestinations
50 Information with respect to institutions within the further education sector.
51 Publication of proposals.
51ADuty to provide for named individuals: England
52 Duty to provide for named individuals: Wales
52A Duty to safeguard pupils receiving secondary education.
52BDuty to review provision in relation to local needs: England
53 Inspection of accounts.
Chapter III General
54Duty to give information.
55 Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State.
56 General
56AIntervention: England
56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions
56BIntervention policy: England
56CDirections
56DNotification by local authority or YPLA of possible grounds for intervention
56EIntervention by Secretary of State : sixth form colleges
56FAppointment by local authorities of members of sixth form college governing body
56GIntervention policy: sixth form colleges
56HIntervention by YPLA
56IAppointment by YPLA of members of sixth form college governing body
56JNotification by Chief Executive of Skills Funding of possible grounds for intervention
57 Intervention : Wales
57AIntervention policy: Wales
58 Reorganisations of schools involving establishment of further education corporation.
59 General
60 Saving as to persons detained by order of a court.
60A General
61 Interpretation of Part I.
61A References to appropriate bodies
Part II Higher education
The new funding councils
62The Higher Education Funding Council for Wales.
63 Dissolution of existing councils.
64 Transitional arrangements.
Funds
65 Administration of funds by the HEFCW.
66 Administration of funds: supplementary.
67 Payments in respect of persons employed in provision of higher or further education.
68 Grants to the HEFCW.
Further functions
69 Supplementary functions.
70 England: assessment of quality of education provided by institutions.
Institutions in the higher education sector
71 Higher education corporations: constitution and conduct.
72 Further power of designation.
73 Government and conduct of designated institutions.
74 Transfer of further education institutions to higher education sector.
75 Variation of trust deeds.
76 Power to award degrees, etc.
77 Use of “university” in title of institution.
78 Financial years of higher education corporations : Wales.
General
79 Duty to give information to the HEFCW.
79APower to request information from higher education institutions that are exempt charities
80 Dissolution of Council for National Academic Awards.
81 Directions.
Part III Miscellaneous and general
82 Joint exercise of functions.
83 Efficiency studies.
84 Effect of agreements made before date of transfer.
85 Finance and government of locally funded further and higher education.
85A Nuisance or disturbance on educational premises
85AAPower of members of staff to search students for prohibited items: England
85ABPower of search under section 85AA: supplementary
85ACPower to seize items found during search under section 85AA
85ADSection 85AC: supplementary
85BPower to search further education students for weapons : Wales
85CPower of members of staff to use force
86 Miscellaneous and general
87 Transfers of property, etc: supplementary provision.
88 Stamp duty.
88AStamp duty land tax
89 Orders, regulations and directions.
90 Interpretation.
91 Interpretation of Education Acts.
92 Index.
93 Amendments and repeals.
94Short title, commencement, etc.
SCHEDULES
SCHEDULE 1 The Further and Higher Education Funding Councils
Supplementary powers
1(1) Subject to sub-paragraph (2) below, the council may do...
Chief officer
2(1) One of the members of the council shall be...
Tenure of members of councils
3(1) A person shall hold and vacate office as a...
4If the Secretary of State is satisfied that a member...
Salaries, allowances and pensions
5(1) The council— (a) shall pay to their members such...
House of Commons disqualification
6In Part III of Schedule 1 to the House of...
Staff
7(1) The council may appoint such employees as they think...
Committees
8(1) The council may establish a committee for any purpose....
Further Education Funding Council for England: regional committees
9(1) There shall be established for each region of England...
Delegation of Functions
10The council may authorise the chairman, the chief officer or...
Proceedings
11Without prejudice to any other rights the Secretary of State...
12The validity of any proceedings of the council or of...
13Subject to the preceding provisions of this Schedule, the council...
Application of seal and proof of instruments
14The application of the seal of the council shall be...
15Every document purporting to be an instrument made or issued...
Accounts
16(1) It shall be the duty of the council—
Status of council
17The council shall not be regarded as the servant or...
SCHEDULE 2 Courses of Further Education
The descriptions of courses of further education referred to in...
SCHEDULE 3 Calculation of Enrolment Numbers
Enrolment numbers
1(1) The enrolment number for any institution at any time...
Table for calculating enrolment numbers for sandwich courses, etc.
2The following table applies for the purpose of determining the...
Interpretation of paragraphs 1 and 2
3(1) For the purposes of paragraph 1(1)(a) and (2)(a) above...
Amendment of paragraphs 1 to 3
4The Secretary of State may by order amend paragraphs 1...
Exclusion of non-EEC students
5For the purpose of calculating under those paragraphs any enrolment...
SCHEDULE 4INSTRUMENTS AND ARTICLES OF GOVERNMENT
1This Schedule applies in relation to— (a) a further education...
2In this Schedule— “ the body ” means— in the...
3(1) An instrument must provide for— (a) the number of...
4(1) An instrument must make provision about the procedures of...
5(1) An instrument must make provision for there to be—...
6An instrument must require the body to publish arrangements for...
7In the case of an institution in Wales, an instrument...
8An instrument must permit the body to change their name...
9An instrument must specify how the body may modify or...
10An instrument must prohibit the body from making changes to...
11An instrument must provide for— (a) a copy of the...
12An instrument must provide for the authentication of the application...
SCHEDULE 5 Identification and apportionment, etc., of property
Division and apportionment of property et ceteralaetc.
1(1) Any property, rights and liabilities of a transferor authority...
Identification of property, rights and liabilities
2(1) It shall be the duty of the transferor and...
3(1) The Education Assets Board may, in the case of...
4(1) The transferor or transferee, if dissatisfied with a determination...
5(1) Regulations may prescribe the procedure to be followed in...
Documents of title
6(1) Where a transfer to which this Schedule applies relates...
Third parties affected by vesting provisions
7(1) Without prejudice to the generality of paragraphs 2 to...
Delivery of documents to transferee
8When it appears to the Education Assets Board, in the...
SCHEDULE 5A
Interpretation
1In this Schedule— “ the participating bodies ”, in relation...
Approval by the Secretary of State
2(1) An application for approval of an arrangement by the...
Termination of arrangement etc
3(1) Subject to any provision of the arrangement to the...
Variation of arrangement
4(1) The parties to a partnership arrangement to which section...
Interpretation of existing enactments
5(1) Regulations may provide— (a) for any reference in an...
SCHEDULE 6 New Schedule 7A to the Education Reform Act 1988
SCHEDULE 7 Transfers: supplementary provisions
Proof of title by certificate
1The Education Assets Board may issue a certificate stating that...
Construction of agreements
2(1) Where any rights or liabilities transferred by virtue of...
3(1) Without prejudice to the generality of paragraph 2 above,...
4The provisions of paragraphs 2 and 3 above shall have...
SCHEDULE 8 Minor and Consequential Amendments
Part I Amendments of the Education Acts
The Education Act 1944 (c. 31)
1 Minor and Consequential Amendments
2 Minor and Consequential Amendments
3 Minor and Consequential Amendments
4 Minor and Consequential Amendments
5 Minor and Consequential Amendments
6 Minor and Consequential Amendments
7 Minor and Consequential Amendments
8 Minor and Consequential Amendments
9 Minor and Consequential Amendments
10 Minor and Consequential Amendments
11 Minor and Consequential Amendments
12 Minor and Consequential Amendments
13 Minor and Consequential Amendments
The Education Act 1946 (c. 50)
14 Minor and Consequential Amendments
The Education (Miscellaneous Provisions) Act 1948 (c. 40)
15 Minor and Consequential Amendments
16 Minor and Consequential Amendments
The Education Act 1980 (c. 20)
17 Minor and Consequential Amendments
The Education Act 1981 (c. 60)
18 Minor and Consequential Amendments
The Education (Fees and Awards) Act 1983 (c. 40)
19In section 1(3) of the Education (Fees and Awards) Act...
The Further Education Act 1985 (c. 47)
20At the end of section 1 of the Further Education...
21(1) In section 2(2) of that Act (power of LEAs...
The Education (No. 2) Act 1986 (c. 61)
22In section 43 of the Education (No. 2) Act 1986...
23In section 49(3) of that Act (appraisal of performance of...
24 Minor and Consequential Amendments
25 Minor and Consequential Amendments
26 Minor and Consequential Amendments
The Education Reform Act 1988 (c. 40)
27The Education Reform Act 1988 is amended as follows.
28 The Education Reform Act 1988 (c. 40)
29 The Education Reform Act 1988 (c. 40)
30In section 120 (functions of local authorities with respect to...
31In section 122 (orders incorporating higher education institutions maintained by...
32In section 123 (provisions supplementary to sections 121 and 122)—...
33In section 124 (powers of a higher education corporation)—
34In section 128 (dissolution of higher education corporations)—
35Sections 131, 132 and 134 (Universities Funding Council and Polytechnics...
36In section 135 (inspection of accounts)— (a) for subsection (1)(c)...
37 The Education Reform Act 1988 (c. 40)
38In section 137(2) (control of disposals of land) “or 129(3)”...
39In section 157 (construction of instruments providing for institution ceasing...
40In section 158(2) (reports and returns) paragraphs (a)(i) and (iii)...
41Section 159(2)(b) (information with respect to educational provision in institutions...
42In section 161 (interpretation of Part II) subsection (1)(c) is...
43In section 197 (Education Assets Board)— (a) in subsection (4)...
44In section 198(5) (transfers under Parts I and II) for...
45In section 205 (procedure for exercise of University Commissioners’ powers)—...
46 The Education Reform Act 1988 (c. 40)
47 The Education Reform Act 1988 (c. 40)
48In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there...
49 The Education Reform Act 1988 (c. 40)
50 The Education Reform Act 1988 (c. 40)
51 The Education Reform Act 1988 (c. 40)
52In section 221 (avoidance of certain contractual terms) subsection (1)(c)...
53 The Education Reform Act 1988 (c. 40)
54 The Education Reform Act 1988 (c. 40)
55In section 230 (stamp duty)— (a) in subsection (1) “section...
56 The Education Reform Act 1988 (c. 40)
57 The Education Reform Act 1988 (c. 40)
58In section 235 (general interpretation) subsection (2)(a) and (h) are...
59In Schedule 7 (Higher Education Corporations)— (a) for paragraph 1(4)...
60Schedule 8 (the funding councils and the assets board) shall...
61 The Education Reform Act 1988 (c. 40)
62 The Education Reform Act 1988 (c. 40)
63 The Education Reform Act 1988 (c. 40)
64 The Education Reform Act 1988 (c. 40)
65In paragraph 4 of that Schedule at the beginning there...
66In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2),...
The Education (Student Loans) Act 1990 (c. 6)
67In section 1(3)(a) of the Education (Student Loans) Act 1990...
Part II Amendments of other Acts
The Public Records Act 1958 (c. 51)
68In Schedule 1 to the Public Records Act 1958 (definition...
The Charities Act 1960 (c. 58)
69 Amendments of other Acts
The Veterinary Surgeons Act 1966 (c. 36)
70In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...
The Local Authorities (Goods and Services) Act 1970 (c. 39)
71(1) Subject to sub-paragraph (2) below, in the Local Authorities...
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
72In section 8(2) of the Chronically Sick and Disabled Persons...
The Superannuation Act 1972 (c. 11)
73In Schedule 1 to the Superannuation Act 1972 the entries...
The House of Commons Disqualification Act 1975 (c. 24)
74In Part III of Schedule 1 to the House of...
The Sex Discrimination Act 1975 (c. 65)
75. . . . . . . . . ....
76. . . . . . . . . ....
77. . . . . . . . . ....
78. . . . . . . . . ....
79. . . . . . . . . ....
80. . . . . . . . . ....
81. . . . . . . . . ....
82. . . . . . . . . ....
83. . . . . . . . . ....
The Race Relations Act 1976 (c. 74)
84. . . . . . . . . ....
85. . . . . . . . . ....
86. . . . . . . . . ....
87. . . . . . . . . ....
88. . . . . . . . . ....
The Employment Protection (Consolidation) Act 1978 (c. 44)
89 Amendments of other Acts
The Public Passenger Vehicles Act 1981 (c. 14)
90 Amendments of other Acts
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
91(1) Section 5 of the Disabled Persons (Services, Consultation and...
92For section 6(1) of that Act (review of expected leaving...
The Employment Act 1989 (c. 38)
93In section 5(6) of the Employment Act 1989 (exemption for...
The Town and Country Planning Act 1990 (c. 8)
94In section 76(1) of the Town and Country Planning Act...
The Environmental Protection Act 1990 (c. 43)
95In section 98(2) of the Environmental Protection Act 1990 (definitions)—...
SCHEDULE 9 Repeals

Further and Higher Education Act 1992

1992 c. 13

An Act to make new provision about further and higher education.

C1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C9C6C7C8

Annotations:
Extent Information
E1

This Act extends to England and Wales only with the exception of certain provisions see s. 94(5)-(7).

The amending provisions of this Act are co-extensive with the enactments so amended see s. 94(7)

Modifications etc. (not altering text)
C1

Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C2

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

C3

Act modified (1.4.1993) by S.I. 1993/563, art.2, Sch. 1, Sch. 2.

C4

Act excluded (16.7.1998) by 1998 c. 30, ss. 26(11), 46(3) (with s. 42(8))

C5

Certain powers transferred as specified (1.7.1999) by S.I. 1999/672, art. 2, Sch.1.

C9

Act excluded (1.7.2004 for E., 31.3.2011 for W.) by Higher Education Act 2004 (c. 8), ss. 29(3), 52(1); S.I. 2011/297, art. 4(a)

C7

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)