Further and Higher Education Act 1992

3Part-time education, and full-time education for those over 18

(1)It shall be the duty of each council to secure the provision for the population of their area of adequate facilities for education to which this subsection applies, that is—

(a)part-time education suitable to the requirements of persons of any age over compulsory school age, and

(b)full-time education suitable to the requirements of persons who have attained the age of nineteen years,

where the education is provided by means of a course of a description mentioned in Schedule 2 to this Act.

(2)A council shall discharge that duty so as—

(a)to secure that facilities are provided at such places, are of such character and are so equipped as to meet the reasonable need for education to which subsection (1) above applies, and

(b)to take account of the different abilities and aptitudes of persons among that population.

(3)A council may secure the provision of facilities for education to which subsection (1) above applies where they are not under a duty to do so.

(4)A council shall discharge their functions under this section so as to make the most effective use of their resources and, in particular, to avoid provision which might give rise to disproportionate expenditure.

(5)In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by institutions outside the further education sector or higher education sector.

(6)The Secretary of State may by order amend Schedule 2 to this Act.