74Transfer of further education institutions to higher education sector
(1)After section 122 of the [1988 c. 40.] Education Reform Act 1988 (orders incorporating higher education institutions maintained by local education authorities) there is inserted—
“122AOrders transferring further education corporations to higher education sector
(1)The Secretary of State may by order provide for the transfer of a further education corporation to the higher education sector if it appears to him that the full-time equivalent enrolment number of the institution conducted by the corporation for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.
(2)Where an order under this section is made in respect of a further education corporation, sections 124A and 125 of this Act shall have effect as if—
(a)on the date the order has effect, the corporation were established as a higher education corporation, and
(b)the Secretary of State were the appointing authority in relation to the first members of the higher education corporation.
(3)In determining in pursuance of subsection (2)(b) above the number of members to appoint within each variable category of members, the Secretary of State shall secure that at least half of all the members of the higher education corporation as first constituted are independent members; and in this subsection “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.
(4)On such date as may be specified in the order the corporation shall cease to be a further education corporation and become a higher education corporation and any member of the further education corporation who is not re-appointed by the Secretary of State in pursuance of subsection (2)(b) above shall cease to hold office on that date.”
(2)An order under section 129 of the [1988 c. 40.] Education Reform Act 1988 (designation of institutions for the purposes of the higher education sector) in respect of any institution may revoke any order in respect of that institution under section 28 of this Act.