Part IE+W+S Further education

Chapter IIIE+W General

[F156EIntervention by [F2Secretary of State] : sixth form collegesE+W

(1)This section applies in relation to a sixth form college if the [F3Secretary of State is] satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

[F4(e)that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.]

[F5(2A)For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the sixth form college when the education or training was provided.

(2B)An approved local skills improvement plan applies to a sixth form college if the college provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.

(2C)Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.]

(3)If this section applies the [F6Secretary of State] may do one or more of the things listed in subsection (6).

[F7(4)Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).

(4A)Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—

(a)the trustees of the sixth form college, and

(b)each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.

(4B)After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—

(a)what the Secretary of State has decided to do;

(b)the reasons for the decision.]

(5)If the [F8Secretary of State does one or more of the things listed in subsection (6), the Secretary of State ] must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F9Secretary of State is] satisfied;

(b)the reasons why the [F10Secretary of State has] decided to do that thing or those things.

(6)[F11The Secretary of State] may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the [F12Secretary of State thinks] expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include [F13—

(a)]a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

[F14(b)a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.]

[F15(c)a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.]

[F16(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given—

(a)is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and

(b)must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.]

[F17(7B)A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.]

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

[F18(9)The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.]

[F19(9A)Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.

(9B)Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.

(9C)The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.]

F20(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.]

Textual Amendments

F2Words in s. 56E heading substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(10); S.I. 2012/924, art. 2

F3Words in s. 56E(1) substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(2); S.I. 2012/924, art. 2

F6Words in s. 56E(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(3); S.I. 2012/924, art. 2

F7S. 56E(4)-(4B) substituted for s. 56E(4) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(4); S.I. 2012/924, art. 2

F8Words in s. 56E(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(a); S.I. 2012/924, art. 2

F9Words in s. 56E(5)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(b); S.I. 2012/924, art. 2

F10Words in s. 56E(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(c); S.I. 2012/924, art. 2

F11Words in s. 56E(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(a); S.I. 2012/924, art. 2

F12Words in s. 56E(6)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(b); S.I. 2012/924, art. 2

F13Words in s. 56E(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2

F20S. 56E(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(9); S.I. 2012/924, art. 2