- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 23/12/2016
Point in time view as at 01/09/2015.
Further and Higher Education Act 1992 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F2Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F3Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F4Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F5Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F6Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F7Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F8Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F9Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Textual Amendments
F10S. 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F11S. 11 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F12s. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F13S. 13 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F14S. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
(1)Before the appointed day the Secretary of State shall by order specify—
(a)each educational institution maintained by a [F15local authority] which appears to him to fall within subsection (2) below, and
(b)each county school, controlled school or grant-maintained school which appears to him to fall within subsection (3) below.
(2)An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule.
(3)An institution falls within this subsection if on 17th January 1991 not less than 60 per cent. of the pupils at the institution were receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(4)On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date.
(5)The name given in the order under subsection (1) above as the name of the institution shall be the initial name of the body corporate.
(6)Where an educational institution, being an institution maintained by a [F15local authority] or a grant-maintained school, has been established since 1st November 1990 or, as the case may be, 17th January 1991 by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) or, as the case may be, subsection (3) above if it would have done so if the merger had taken place before that date.
(7)In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) above.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
Commencement Information
I1S. 15 wholly in force: s. 15(1)(2)(3)(5)(6)(7) in force at 6.5.1992; s. 15(4) in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 2
(1)The Secretary of State may by order make provision for the establishment of a body corporate—
(a)for the purpose of establishing and conducting an educational institution, or
(b)for the purpose of conducting an existing educational institution,
but shall not make an order in respect of an existing institution without the consent of the governing body.
[F16(2)Subsection (1) above does not apply to an institution which is maintained by a [F15local authority].
(3)The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
(a)is maintained by a [F15local authority], and
(b)in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.]
(4)The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.
(5)An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F16S. 16(2)(3) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(1); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
Modifications etc. (not altering text)
C1S. 16(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1
Commencement Information
I2S. 16 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
(1)The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
(2)A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.
(3)In this section “the appropriate authority” means—
(a)in relation to a proposal or order in respect of an institution in England, the Secretary of State;
(b)in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.]
Textual Amendments
F17S. 16A inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 2; S.I. 2012/924, art. 2
(1)In this Act “further education corporation” means a body corporate established under section 15 or 16 of this Act [F18or which has become a further education corporation by virtue of section [F1933D or] 47 of this Act.]
(2)In this Part of this Act “operative date”, in relation to a further education corporation and the institution, means—
(a)in the case of a further education corporation established under section 15 of this Act, such date as the Secretary of State may by order appoint in relation to the corporations so established, and
(b)in the case of a further education corporation established under section 16 of this Act, such date as the Secretary of State may by order appoint in relation to that corporation.
Textual Amendments
F18Words in s. 17(1) added (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para.7 (with s. 42(8)); S.I. 1998/2215, art.2
F19Words in s. 17(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 2; S.I. 2010/303, art. 3, Sch. 2
Commencement Information
I3S. 17 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)A further education corporation may—
(a)provide further and higher education, and
[F20(aa)provide secondary education [F21suitable to the requirements of persons who have attained the age of fourteeen years],
(ab)provide education which is secondary education by virtue of section 2(2B) of the M1Education Act 1996 (definition of secondary education),
(ac)participate in the provision of secondary education at a school,]
(b)supply goods or services in connection with their provision of education,
[F22and those powers are referred to in section 19 of this Act as the corporation’s principal powers].
[F23(1A)A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such [F15local authorities] as they consider appropriate.]
(2)For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education corporation if they result from—
(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)ideas of a person employed by them, or of one of their students, arising out of their provision of education.
(3)For the purposes of that subsection, services are supplied in connection with the provision of education by a further education corporation if—
(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F20S. 18(1)(aa)-(ac) substituted for s. 18(1)(aa) (1.4.2001) by 2000 c. 21, s. 142(1)(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F21Words in s. 18(1)(aa) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para.11; S.I 2002/2439, {art. 3}; S.I. 2002/3185, art. 4
F22Words after s. 18(1)(b) inserted (1.4.2001) by 2000 c. 21, ss. 149, Sch. 9 para. 21(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F23S. 18(1A) inserted (1.4.2001) by 2000 c. 21, s. 142(1)(b); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F24S. 18(4)-(6) repealed (28.7.2000 for certain purposes, 1.1.2001 for W., 1.4.2001 and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 21(b), Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pts. II, III (with transitional provisions in art. 3)
Modifications etc. (not altering text)
C2S. 18(3)(c) modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
Commencement Information
I4S. 18 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
Marginal Citations
(1)A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
(2)A further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.
(3)A further education corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties F25... ).
(4)A further education corporation may—
(a)acquire and dispose of land and other property,
(b)enter into contracts, including in particular—
(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
(ii)contracts with respect to the carrying on by the corporation of any such activities,
[F26(bb)form, participate in forming or invest in a company,
(bc)form, participate in forming or otherwise become a member of a charitable incorporated organisation [F27(within the meaning of Part 11 of the Charities Act 2011)],]
(c)borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under sections [F2827] to [F2927C or 33P] of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,
(d)invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
(e)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and
(f)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
F30(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31(4AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(4AB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(4AC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F37(6)A person has a learning difficulty if—
(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or
(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.]
[F38(8)A reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.]
[F39(9)A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.]
Textual Amendments
F25Words in s. 19(3) omitted (1.4.2001) by virtue of 2000 c. 21, s. 149, Sch. 9 para. 22(2); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F26S. 19(4)(bb)(bc) substituted for s. 19(4)(bb) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(2), 32(1) (with s. 21(7))
F27Words in s. 19(4)(bc) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 57 (with s. 20(2), Sch. 8)
F28Word in s. 19(4)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(a)
F29Words in s. 19(4)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(2); S.I. 2012/924, art. 2
F30S. 19(4A) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(a), 11(2); S.I. 2014/1706, art. 3(a)
F31S. 19(4AA) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(b), 11(2); S.I. 2014/1706, art. 3(a)
F32S. 19(4AB) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(c), 11(2); S.I. 2014/1706, art. 3(a)
F33S. 19(4AC) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(6); S.I. 2012/924, art. 2
F34S. 19(4B) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(d), 11(2); S.I. 2014/1706, art. 3(a)
F35S. 19(4C) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(e), 11(2); S.I. 2014/1706, art. 3(a)
F36S. 19(5) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(f), 11(2); S.I. 2014/1706, art. 3(a)
F37S. 19(6)(7) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(5); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F38S. 19(8) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(6), 32(1)
F39S. 19(9) added (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 256(2), 269(4); S.I. 2010/303, art. 3, Sch. 2
Commencement Information
I5S. 19 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40S. 19A repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 4; S.I. 2012/924, art. 2
(1)For every further education corporation established to conduct an educational institution there shall be—
(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
(b)an instrument in accordance with which the corporation, and the institution, are to be conducted (to be known as articles of government).
[F41(2)Instruments of government and articles of government of further education corporations—
(a)must comply with the requirements of Schedule 4, and
(b)subject to that, may make such other provision as may be necessary or desirable.]
(3)The validity of any proceedings of a further education corporation, or of any committee of the corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
(4)Every document purporting to be an instrument made or issued by or on behalf of a further education corporation and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Textual Amendments
F41S. 20(2) substituted for s. 20(2)(2A) (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 2(1), 11(2); S.I. 2014/1706, art. 3(b)
Commencement Information
I6S. 20 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
(1)As from the date on which a further education corporation is established, the instrument of government and articles of government—
F42(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43. . . shall be such as is prescribed by regulations.
(2)Such F44. . . regulations—
(a)may provide for all or any of the persons who, on the date on which a corporation is established to conduct the F45. . . existing institution, are the members of the governing body of the institution to be the initial members of the corporation, and
(b)may make such other provision in relation to F46. . . existing institutions as appears to the Secretary of State necessary or desirable to secure continuity in their government.
(3)In the case of a further education corporation established to conduct an institution which, on the date the corporation was established, was [F47a maintained school, the governing body incorporated under [F48section 19 of the Education Act 2002]] shall, on the operative date, be dissolved.
Textual Amendments
F42S. 21(1)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(a)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F43Words, including subsection "(b)", in s. 21(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F44Words in s. 21(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F45Words in s. 21(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F46Words in s. 21(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(iii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F47Words in s. 21(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 35(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
F48Words in s. 21(3) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 12 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
Commencement Information
I7S. 21 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
A further education corporation may modify or replace their instrument of government or articles of government.]
Textual Amendments
F49S. 22 substituted for ss. 22, 22ZA (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 2(3), 11(2); S.I. 2014/1706, art. 3(b)
Commencement Information
I8S. 22 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).]
Textual Amendments
F50S. 22A substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 58 (with s. 20(2), Sch. 8) (with S.I. 2011/1396, Sch. para. 43(b))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)
(1)This section applies if a further education corporation propose that the corporation should be dissolved.
(2)The corporation must publish—
(a)details of the proposal, and
(b)such other information as may be prescribed by regulations made by the appropriate authority.
(3)The publication is to be in accordance with regulations made by the appropriate authority.
(4)The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.
(5)In this section, “the appropriate authority” means—
(a)in relation to a further education corporation in England, the Secretary of State, and
(b)in relation to a further education corporation in Wales, the Welsh Ministers.]
Textual Amendments
F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)
Commencement Information
I9S. 27 wholly in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
(1)This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.
(2)“The dissolution date” means the date specified in a resolution under subsection (1).
(3)The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.
(4)The corporation are dissolved on the dissolution date.
(5)In this section, “the appropriate authority” has the meaning given in section 27.]
Textual Amendments
F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)
(1)At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.
(2)The corporation may do so only with the consent of the person or body concerned.
(3)A transfer under subsection (1) has effect on the dissolution date.
(4)Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.
(5)Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(6)In this section, “the appropriate authority” has the meaning given in section 27.]
Textual Amendments
F52Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)
(1)The Secretary of State may by order designate [F53for the purposes of this section] any educational institution principally concerned with the provision of one or both of the following—
(a)full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
(b)courses of further or higher education,
if the institution meets the requirements of subsection (2) below.
(2)The institution must be one of the following—
(a)a voluntary aided school [F54(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)],
F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an institution which is grant-aided or eligible to receive aid by way of grant [F56or
(d)an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.]
(3)For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than [F15local authorities] who—
(a)receive any grants under regulations made under [F57section 485 of the Education Act 1996], or
(b)are eligible to receive such grants.
[F58(3A)The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the [F15local authority].]
(4)In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F53Words in s. 28(1) substituted (1.4.2001) by 2000 c. 21, s. 143(1)(a) (with s. 150); S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. I
F54Words in s. 28(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 38 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F55S. 28(2)(b) repealed (1.10.2000 for E. and 1.4.2001 for W.), by 2000 c. 21, ss. 143(1)(b), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F56S. 28(2)(d) and the word preceding it added (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(1)(c) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F57Words in s. 28(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 109 (with ss. 1(4), 561, 562, Sch. 39)
F58S. 28(3A) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 112 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
Commencement Information
I10S. 28 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)This section applies to a designated institution, other than—
(a)an institution conducted by a company, or
(b)an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption.
(2)For each designated institution to which this section applies, there is to be—
(a)an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and
(b)an instrument in accordance with which the institution is to be conducted (to be known as the articles of government).
(3)In sections 29A to 29C—
“instrument” means an instrument of government or articles of government;
“regulatory instrument”, in relation to an institution, means—
an instrument of government or articles of government, or
any other instrument relating to or regulating the institution.
Commencement Information
I11S. 29 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3)F60....
(2)The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect.
(3)The instrument must meet one of the following requirements—
(a)the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority;
(b)the instrument—
(i)is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and
(ii)(in either case) is approved for the purposes of this section by the appropriate authority;
(c)the instrument is made by the appropriate authority by order.
(4)An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument.
(5)Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult—
(a)the governing body of the institution, and
(b)where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.
F61(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section “the appropriate authority”—
(a)in relation to an institution in England, means the Secretary of State;
(b)in relation to an institution in Wales, means the Welsh Ministers.
Textual Amendments
F59Words in s. 29A heading omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(c), 11(2); S.I. 2014/1706, art. 3(d)
F60Words in s. 29A(1) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(a), 11(2); S.I. 2014/1706, art. 3(d)
F61S. 29A(6) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(b), 11(2); S.I. 2014/1706, art. 3(d)
(1)This section applies to a designated institution to which section 29 applies.
(2)The governing body of the institution may modify or replace its instrument of government and articles of government.
(3)If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution.
(4)The instrument of government and articles of government (as modified or replaced)—
(a)must comply with the requirements of Schedule 4, and
(b)subject to that, may make such other provision as may be necessary or desirable.]
Textual Amendments
F62S. 29B substituted for ss. 29B, 29C (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(2), 11(2); S.I. 2014/1706, art. 3(d)
(1)Notwithstanding anything in sections 29 to [F6429B] of this Act, the instrument of government of a designated institution to which this section applies must provide—
(a)for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
(b)for the majority of members of the governing body to be such governors.
(2)This section applies to—
(a)an institution which, when designated, was a voluntary aided school, and
(b)an institution specified, or falling within a class specified, by the Secretary of State by order.
(3)The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
(4)The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.]
Textual Amendments
F63S. 30 substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(2) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F64Word in s. 30(1) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(a); S.I. 2014/1706, art. 3(h)
[F65(1)This section has effect in relation to any designated institution [F66in Wales] conducted by a company.
(2)The articles of association of the company shall incorporate—
(a)provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and
(b)provision with respect to the conduct of the institution (to be known as the articles of government of the institution).
F67(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that—
(a)the [F68articles of association] of the company, or
(b)any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,
are amended in such manner as he may specify in the direction.
(4)No amendment of the [F69articles of association] of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.
(5)Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.]
Textual Amendments
F65S. 31 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(1)
F66Words in s. 31(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(2)
F67S. 31(2A) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(3), 11(2); S.I. 2014/1706, art. 3(d)
F68Words in s. 31(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)
F69Words in s. 31(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)
Commencement Information
I12S. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F70S. 32 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F71S. 33 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)
Textual Amendments
F72Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
(2)A body corporate is within this subsection if it is—
(a)a further education corporation established in respect of an institution in England, or
(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
(3)On the date specified in the order—
(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
(4)An order under subsection (1) may—
(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)make provision as to the initial name of the corporation as a sixth form college corporation.
(5)The power conferred by subsection (1)—
(a)is exercisable only once;
(b)is not exercisable after the date specified in an order made by the Secretary of State.
(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
(2)A body corporate is within this subsection if it is—
(a)a further education corporation established in respect of an institution in England, or
(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
(3)An order under subsection (1) may be made only if—
(a)an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
(b)the institution is one within subsection (4).
(4)An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
(6)On the date specified in the order—
(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
(7)An order under subsection (1) may—
(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)make provision as to the initial name of the corporation as a sixth form college corporation.
(8)The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
(1)The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
(2)An order under subsection (1) may be made only if—
(a)a proposal relating to the order has been made by [F73a person or body (“the proposer] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
(b)it appears to the Secretary of State that the institution will when established be one within subsection (4).
(3)The requirements are that—
(a)the [F74proposer has] published the proposal by the prescribed time and in the prescribed manner;
(b)the proposal as published contained prescribed information;
(c)the [F75proposer has] considered any representations about the proposal made to [F76the proposer] within the prescribed period.
(4)An institution is within this subsection if—
(a)the institution is in England, and
(b)on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
(6)An order under subsection (1)—
(a)must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
(b)may make provision as to the initial name of the corporation as a sixth form college corporation.
Textual Amendments
F73Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2
F74Words in s. 33C(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(3); S.I. 2012/924, art. 2
F75Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2
F76Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(b); S.I. 2012/924, art. 2
(1)The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
(2)An order under subsection (1) may be made only if—
(a)an application for the order has been made by the governing body of the relevant sixth form college, F77...
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
F78(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
(6)An order under subsection (1) may—
(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)make provision as to the initial name of the corporation as a further education corporation.
Textual Amendments
F77S. 33D(2)(b) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(a)
F78S. 33D(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(b)
(1)A sixth form college corporation may do any of the following—
(a)provide further and higher education,
(b)provide secondary education suitable to the requirements of persons who have attained the age of 14,
(c)provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
(d)participate in the provision of secondary education at a school,
(e)supply goods or services in connection with their provision of education.
(2)The powers conferred by subsection (1) [F79and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A)] are referred to in section 33F as the corporation's principal powers.
(3)A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such [F15local authorities] as they consider appropriate.
(4)For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)ideas of a person employed by them, or one of their students, arising out of their provision of education.
(5)For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F79Words in s. 33E(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 12; S.I. 2012/924, art. 2
(1)A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
(2)A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
(3)In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
(4)A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
(5)The facilities include—
(a)boarding accommodation and recreational facilities for students and staff, and
(b)facilities to meet the needs of students with learning difficulties.
(6)A sixth form college corporation may—
(a)acquire and dispose of land and other property,
(b)enter into contracts, including in particular—
(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
(ii)contracts with respect to the carrying on by the corporation of any such activities,
(c)form, participate in forming or invest in a company,
(d)form, participate in forming or otherwise become a member of a charitable incorporated organisation [F80(within the meaning of Part 11 of the Charities Act 2011)],
(e)borrow such sums as the corporation think fit for the purposes of—
(i)carrying on any activities they have power to carry on, or
(ii)meeting any liability transferred to them under sections 23 to [F8127C or 33P] ,
(f)in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
(g)invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
(h)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
(i)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
F82(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)For the purposes of this section a person has a learning difficulty if—
(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
(9)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
(10)A reference in this section F83... to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
(11)A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
Textual Amendments
F80Words in s. 33F(6)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 60 (with s. 20(2), Sch. 8)
F81Words in s. 33F(6)(e)(ii) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(a); S.I. 2012/924, art. 2
F82S. 33F(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(b); S.I. 2012/924, art. 2
F83Words in s. 33F(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(c); S.I. 2012/924, art. 2
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Textual Amendments
F84S. 33G repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 14; S.I. 2012/924, art. 2
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Textual Amendments
F85S. 33H repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 15; S.I. 2012/924, art. 2
(1)For every sixth form college corporation there is to be—
(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
(b)an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
(2)Instruments of government and articles of government—
(a)must comply with the requirements of F86...Schedule 4, and
[F87(b)subject to that, may make such other provision as may be necessary or desirable.]
(3)Subsection (2) is subject to section 33J.
(4)The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
(a)a vacancy among the members, or
(b)a defect in the appointment or nomination of a member.
(5)Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
(a)duly executed under the seal of the corporation, or
(b)signed or executed by a person authorised by the corporation to act in that behalf.
(6)The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
Textual Amendments
F86Words in s. 33I(2)(a) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(b); S.I. 2014/1706, art. 3(h)
F87S. 33I(2)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 16(b); S.I. 2012/924, art. 2
(1)Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
(a)for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
(b)for the majority of members of the governing body of the relevant sixth form college to be such governors.
[F88(1A)A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).]
(2)This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
(3)The [F89references in subsections (1)(a) and (1A) to the established character of a sixth form college are ] , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, [F90references] to the character which the sixth form college is intended to have on its establishment.
Textual Amendments
F88S. 33J(1A) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(2); S.I. 2012/924, art. 2
F89Words in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(a); S.I. 2012/924, art. 2
F90Word in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(b); S.I. 2012/924, art. 2
(1)The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the [F91Secretary of State by order] .
[F92(2)An order under subsection (1) may not be made unless—
(a)the Secretary of State has consulted the corporation, and
(b)in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.]
Textual Amendments
F91Words in s. 33K(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 18(a); S.I. 2012/924, art. 2
F92S. 33K(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 18(b); S.I. 2012/924, art. 2
(1)A sixth form college corporation may modify or replace their instrument of government or articles of government.
(2)A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.]
Textual Amendments
F93S. 33L substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 19; S.I. 2012/924, art. 2
A sixth form college corporation is a charity F94... [F95(and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act)].
Textual Amendments
F94Words in s. 33M omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1)(2)(f)
F95Words in s. 33M substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 61 (with s. 20(2), Sch. 8)
(1)This section applies if a sixth form college corporation propose that the corporation should be dissolved.
(2)The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations.
(3)The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.]]
Textual Amendments
F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)
(1)This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date.
(2)“The dissolution date” means the date specified in a resolution under subsection (1).
(3)The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable.
(4)The corporation are dissolved on the dissolution date.
Textual Amendments
F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)
(1)At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4).
(2)The corporation may do so only with the consent of the person or body concerned.
(3)A transfer under subsection (1) has effect on the dissolution date.
(4)In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college.
(5)Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.
(6)Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(7)Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).]
Textual Amendments
F96Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F97S. 34 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F98S. 35 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F99S. 36 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F101S. 38 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(d)
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F102S. 39 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F103S. 40 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104S. 41 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105S.42 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
[F107(1)This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2)An institution is of voluntary origin for the purposes of this section if—
(a)immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
(b)immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
(c)it is designated for the purposes of this paragraph by order of the Secretary of State, or
(d)it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
(2A)The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.]
(3)In an institution of voluntary origin such act of collective worship shall —
(a)be in such forms as to comply with the provisions of any trust deed affecting the institution, and
(b)reflect the religious traditions and practices of the institution before it [F108joined the further education sector].
(4)In all [F109other institutions to which this section applies] such act of collective worship shall be wholly or mainly of a broadly Christian character in that it shall reflect the broad traditions of Christian belief but need not be distinctive of any particular Christian denomination.
(5)If the governing body of [F110an institution to which this section applies] considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain.
F111(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F112(7)In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).]
Textual Amendments
F107S. 44(1)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
F108Words in s. 44(3)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
F109Words in s. 44(4) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 23, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
F110Words in s. 44(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(5); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
F111S. 44(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 27(6), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
F112S. 44(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(7); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
Modifications etc. (not altering text)
C3S. 44(2A) modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
Commencement Information
I13S. 44 partly in force: s. 44 in force for certain purposes at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
[F113(1)This section applies to any institution to which section 44 of this Act applies.
(2)An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
(2A)The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.]
(3)The governing body of [F114an institution to which this section applies] shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend.
(4)For the purposes of this section religious education may take the form of a course of lectures or classes or of single lectures or classes provided on a regular basis and may include a course of study leading to an examination or the award of a qualification.
(5)The form and content of religious education provided pursuant to this section shall be determined from time to time by the governing body of [F115institution to which this section applies] and—
(a)in the case of an institution of voluntary origin—
(i)shall be in accordance with the provisions of any trust deed affecting the institution, and
(ii)shall not be contrary to the religious traditions of the institution before it [F116joined the further education sector];
(b)in the case of all [F117other institutions to which this section applies]shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.
F118(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F119(7)In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).]
Textual Amendments
F113S. 45(2)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F114Words in s. 45(3) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F115Words in s. 45(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(a); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F116Words in s. 45(5)(a)(ii) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F117Words in s. 45(5)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(c); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F118S. 45(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 28(5), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
F119S. 45(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(6); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
Commencement Information
I14S. 45 partly in force: s. 45 in force for certain purposes at 1.4.1993 see s. 94(3) and Sch. 3
(1)The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument—
(a)relating to or regulating an institution within the further education sector, or
(b)relating to any land or other property held by any person for the purposes of such an institution.
(2)Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult—
(a)the governing body of the institution,
(b)where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and
(c)where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.
Modifications etc. (not altering text)
C4S. 46(2)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
Commencement Information
I15S. 46 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
(1)The Secretary of State may by order provide for the transfer of a higher education corporation to the further education sector.
(2)Where an order is made under this section in respect of a higher education corporation, sections 20 and 21 of this Act shall have effect as if, on the date the order has effect, the corporation were established as a further education corporation; and the order may make [F120provision as to the initial name of the corporation as a further education corporation.]
(3)On such date as may be specified in the order the corporation shall cease to be a higher education corporation and become a further education corporation.
(4)An order under section 28 of this Act in respect of any institution may revoke any order in respect of that institution under section 129 of the M2Education Reform Act 1988 (designation of institutions).
Textual Amendments
F120Words in s. 47(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.43 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
Commencement Information
I16S. 47 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
Marginal Citations
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F121S. 48 repealed (1.10.2002) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 18, Sch. 22 Pt. 1; S.I. 2002/2439, art. 2
(1)This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
(2)In so far as a contract to which this section applies provides that the employee—
(a)shall not be dismissed by reason of redundancy, or
(b)if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under [F122Part XI of the Employment Rights Act 1996],
the contract shall be void and of no effect.
Textual Amendments
F122Words in s. 49(2)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(3) (with ss. 191-195, 202)
Commencement Information
I17S. 49 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
[F124(1)In exercising their functions the governing body of an institution within the further education sector [F125 in Wales] must have regard to any guidance given from time to time by the [F125Welsh Ministers] about consultation with—
(a)persons who are or are likely to become students of the institution, or
(b)employers,
in connection with the taking of decisions affecting them.
(2)Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.
F125(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F123S. 49A inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 22, 32(4); S.I. 2007/3505, art. 2(d)
F124S. 49A repealed (E.) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 22; S.I. 2012/924, art. 2
F125S. 49A: amendment to earlier affecting provision 2007 c. 25, s. 22 (W.) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 45; S.I. 2012/924, art. 2
(1)The Secretary of State may provide destination information to the governing body of an institution in England within the further education sector.
(2)The Welsh Ministers may provide destination information to the governing body of an institution in Wales within the further education sector.
(3)In this section “destination information”, in relation to an institution, means information which—
(a)relates to a former student of the institution, and
(b)includes information as to prescribed activities of the former student after leaving the institution.
(4)Regulations under subsection (3)(b) which prescribe activities as to which the Welsh Ministers may provide information are to be made by the Welsh Ministers.
(5)Subject to subsection (6)(a), information received under this section is not to be published in any form which identifies the individual to whom it relates.
(6)This section—
(a)does not affect any power to provide or publish information which exists apart from this section, and
(b)is subject to any express restriction on the provision of information imposed by another enactment.]
Textual Amendments
F126S. 49B inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 80, 164(3)(f)
(1)The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about—
(a)the educational provision made or proposed to be made for their students,
(b)the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),
(c)the financial and other resources of the institution and the effectiveness of the use made of such resources, and
(d)the careers of their students after completing any course or leaving the institution.
(2)For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show—
(a)the numbers of students not undertaking any career, and
(b)the persons providing students with education, training or employment.
(3)The information shall be published in such form and manner and at such times as may be prescribed.
(4)The published information shall not name any student to whom it relates.
(5)In this section “prescribed” means prescribed by regulations.
Modifications etc. (not altering text)
C5S. 50(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
Commencement Information
I18S. 50 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
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Textual Amendments
F127S. 51 repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 23; S.I. 2012/924, art. 2 (with art. 7)
Commencement Information
I19S. 51 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
(1)This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.
(2)A [F15local authority] may by notice given to the governing body of such an institution—
(a)require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;
(b)withdraw such a requirement.
(3)A [F15local authority] may specify an individual in a notice under subsection (2) only if the individual—
(a)is in the authority's area, and
(b)is over compulsory school age but under the age of 19.
(4)Before giving a notice under subsection (2) imposing a requirement on a governing body, a [F15local authority] must consult—
(a)the governing body, and
(b)such other persons as the authority think appropriate.
(5)The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.
(6)In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a [F15local authority] in England must have regard to any guidance given from time to time by the Secretary of State.]
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F128S. 51A inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(1), 269(4); S.I. 2010/303, art. 3, Sch. 2
(1)This section applies where an institution [F130in Wales] within the further education sector provides F131... education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2)[F132The F133... National Assembly for Wales] may by notice given to the governing body of such an institution—
(a)require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or
(b)withdraw such a requirement.
(3)The governing body of such an institution shall, for any academic year in respect of which they receive financial support from [F134the F135... National Assembly for Wales], secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by [F136the F137... National Assembly for Wales] under subsection (2) above and has not been withdrawn.
Textual Amendments
F129Word in s. 52 heading inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(2)(b), 269(4); S.I. 2010/303, art. 3, Sch. 2
F130Words in s. 52(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(2)(a), 269(4); S.I. 2010/303, art. 3, Sch. 2
F131Words in s. 52(1) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 29, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F132Words in s. 52(2) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(a) (with art. 7)
F133Words in s. 52(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(a), Sch. 2 Pt. 1 (with art. 2(3))
F134Words in s. 52(3) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(b)(i) (with art. 7)
F135Words in s. 52(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(b)(i), Sch. 2 Pt. 1 (with art. 2(3))
F136Words in s. 52(3) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(b)(ii) (with art. 7)
F137Words in s. 52(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(b)(ii), Sch. 2 Pt. 1 (with art. 2(3))
Modifications etc. (not altering text)
C6S. 52 modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2
Commencement Information
I20S. 52 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
(1)This section applies where secondary education is provided to [F139persons of compulsory school age]—
(a)by a further education corporation [F140by virtue of section 18(1)(aa) or (ab) of this Act],
[F141(aa)by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,] or
(b)by a designated institution in pursuance of arrangements made—
(i)by a [F15local authority], or
(ii)by the governing body of a school on behalf of such an authority.
(2)The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any [F142persons of compulsory school age] are for the time being receiving secondary education.]
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F138S. 52A inserted (1.10.1998) by 1998 c. 31, s. 113(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.
F139Words in s. 52A(1) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(a); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F140Words in s. 52A(1)(a) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(b); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F141S. 52A(1)(aa) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 5; S.I. 2010/303, art. 3, Sch. 2
F142Words in s. 52A(2) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(3); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
(1)The accounts of—
(a)any further education corporation,
[F143(aa)any sixth form college corporation,] and
(b)any designated institution,
shall be open to the inspection of the Comptroller and Auditor General.
(2)In the case of any such corporation or institution—
(a)the power conferred by subsection (1) above, and
(b)the powers under sections 6 and 8 of the M3National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,
shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under [F144section 15ZA [F145or 18A] of the Education Act 1996, section 14 of the Education Act 2002 or section F146... 100 of the Apprenticeships, Skills, Children and Learning Act 2009].
Textual Amendments
F143S. 53(1)(aa) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 93(2) (with art. 2(3))
F144Words in s. 53(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 93(3) (with art. 2(3))
F145Words in s. 53(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(a); S.I. 2012/924, art. 2
F146Words in s. 53(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(b); S.I. 2012/924, art. 2
Modifications etc. (not altering text)
C7S. 53(2) modified by S.I. 1993/563, art. 2 Sch.1 (as amended (19.4.1993) by 1993/870, art. 2)
Commencement Information
I21S. 53 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
Marginal Citations
(1)Each of the following shall give [F147[F148the Secretary of State] or the National Assembly for Wales] such information [F149as the Secretary of State] or (as the case may be) the National Assembly for Wales may require [F150for the purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 or (as the case may be) for the purposes of the exercise of any of the functions of] the National Assembly for Wales under [F151any enactment]—
(a)a [F15local authority],
(b)the governing body of any institution maintained by a [F15local authority], F152... city technology college [F153, city college for the technology of the arts or [F154Academy]],
(c)the governing body of any institution within the further education sector or the higher education sector, and
(d)the governing body of any institution which is receiving or has received financial support under section 5 of this Act.
(2)Such information relating to the provision which has been made by a [F15local authority] in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under [F155regulations under section 492 or 493 of the Education Act 1996] shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F147Words in s. 54(1) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 23(a) (with art. 7)
F148Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(a)
F149Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(b)
F150Words in s. 54(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 37(c)
F151Words in s. 54(1) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 20; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F152Words in s. 54(1)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F153Words in s. 54(1)(b) substituted (28.7.2000) by 2000 c. 21, ss. 149, 154(1), Sch. 9 para. 31
F154Words in s. 54(1)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 Pt. 2 para. 4; S.I. 2002/2002, art. 2
F155Words in s. 54(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 111 (with ss. 1(4), 561, 562, Sch. 39)
F156(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In relation to any [F15local authority] institution maintained or assisted by them, a [F15local authority]—
(a)shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and
(b)may cause an inspection to be made by persons authorised by them.
(5)A [F15local authority] shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.
(6)A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7)In this section—
F157(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)“[F15local authority] institution” means an educational institution, other than a school, maintained or assisted by a [F15local authority].
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F156S. 55(1)-(3) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F157S. 55(7)(a)(b) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
Modifications etc. (not altering text)
C8S.55: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3
Commencement Information
I22S. 55 wholly in force; s. 55 not in force at Royal assent see s. 94(3); s. 55(1)-(3) (as respects England only) and s. 55(4)-(6)(7)(a)(c) in force at 1.4.1993 by S.I. 1992/831, art. 2, Sch. 3; s. 55(1)(2)(3)(7)(b) in force at 1.8.1996 so far as not already in force by S.I. 1996/1897, art. 3
Textual Amendments
F158S. 56 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 33, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
[F160(1)This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—
(a)an institution in England within the further education sector, other than a sixth form college, or
(b)an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,
and, in either case, it is immaterial whether or not a complaint is made by any person.]
(2)The matters are—
(a)that the institution's affairs have been or are being mismanaged by the institution's governing body;
(b)that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
(c)that the institution'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 institution 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 acceptable standard of education or training.
(3)If this section applies the [F161Secretary of State] may do one or more of the things listed in subsection (6).
F162(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[F163At the same time as doing one or more of those things the [F164Secretary of State] must] give the institution's governing body a notice stating—
(a)the matter or matters listed in subsection (2) as to which the [F164Secretary of State] is satisfied;
(b)the reasons why the [F164Secretary of State] is so satisfied;
(c)the reasons why the [F164Secretary of State] has decided to do that thing or those things.
(6)The [F164Secretary of State] may—
(a)remove all or any of the members of the institution's governing body;
(b)appoint new members of that body if there are vacancies (however arising);
(c)give to that body such directions [F165as the [F164Secretary of State] thinks] expedient as to the exercise of their powers and performance of their duties.
(7)The directions that may be given to a governing body under this section include [F166—
(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.
[F167(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]
[F168(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]
(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.
[F169(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.]
F170(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 instrument of government and articles of government of the institution concerned.]
Textual Amendments
F159Ss. 56A-56C inserted (23.12.2007 for the insertion of s. 56B, 18.4.2008 in so far as not already in force) by Further Education and Training Act 2007 (c. 25), ss. 17, 32(5); S.I. 2007/3505, arts. 2(c), 5
F160S. 56A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 7
F161Words in s. 56A(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(3); S.I. 2012/924, art. 2
F162S. 56A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(4); S.I. 2012/924, art. 2
F163Words in s. 56A(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 7(4)(a); S.I. 2010/303, art. 3, Sch. 2
F164Words in s. 56A(5)(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(5); S.I. 2012/924, art. 2
F165Words in s. 56A(6)(c) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 7(5)(b); S.I. 2010/303, art. 3, Sch. 2
F166Words in s. 56A(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2
F167S. 56A(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2
F168S. 56A(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2
F169S. 56A(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(7); S.I. 2012/924, art. 2
F170S. 56A(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(8); S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F171S. 56AA repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 26; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F172S. 56B repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 27; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F173S. 56C repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 28; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F174S. 56D repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 29; S.I. 2012/924, art. 2
(1)This section applies in relation to a sixth form college if the [F177Secretary 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.
(3)If this section applies the [F178Secretary of State] may do one or more of the things listed in subsection (6).
[F179(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 [F180Secretary 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 [F181Secretary of State is] satisfied;
(b)the reasons why the [F182Secretary of State has] decided to do that thing or those things.
(6)[F183The 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 [F184Secretary 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 [F185—
(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.
[F186(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.]
[F187(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given 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.]
(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.
[F188(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.]
F189(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
F175Ss. 56E-56J inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 8; S.I. 2010/303, art. 3, Sch. 2
F176Words 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
F177Words 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
F178Words 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
F179S. 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
F180Words 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
F181Words 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
F182Words 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
F183Words 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
F184Words 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
F185Words 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
F186S. 56E(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2
F187S. 56E(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2
F188S. 56E(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(8); S.I. 2012/924, art. 2
F189S. 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F190S. 56F repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 31; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F191S. 56G repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 32; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F192S. 56H repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 33; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F193S. 56I repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 34; S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F194S. 56J repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 35; S.I. 2012/924, art. 2
(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution [F197in Wales] within the further education sector; and it is immaterial whether or not a complaint is made by any person.
(2)These are the conditions—
(a)[F198the Welsh Ministers are] satisfied that the institution’s affairs have been or are being mismanaged by its governing body;
(b)[F199they are] satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act [F200or any Measure of the National Assembly for Wales];
(c)[F201they are] satisfied that the institution’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 [F202or any Measure of the National Assembly for Wales];
[F203(d)they are satisfied that the institution 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 acceptable standard of education or training.]
F204(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If this section applies [F205the Welsh Ministers] may by order—
(a)declare which of the conditions is (or are) satisfied, and
(b)do one or more of the things listed in subsection (5).
(5)[F206They may]—
(a)remove all or any of the members of the institution’s governing body;
(b)appoint new members of that body if there are vacancies (however arising);
(c)give to that body such directions as [F207they think] expedient as to the exercise of their powers and performance of their duties.
[F208(5A)The directions that may be given to a governing body under this section include [F209—
(a)] a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction.[F210, and
(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]
[F211(5B)A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]
(6)Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.
[F212(6A)The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
(6B)But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.]
(7)A governing body must comply with any directions given to them under this section.
(8)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
F213(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F195Words in s. 57 heading inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(7); S.I. 2008/1065, art. 2(c)
F196S. 57 substituted (1.1.2001 for W. and 1.4.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 34 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
F197Words in s. 57(1) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(2); S.I. 2008/1065, art. 2(c)
F198Words in s. 57(2)(a) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(a); S.I. 2008/1065, art. 2(c)
F199Words in s. 57(2)(b) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(b); S.I. 2008/1065, art. 2(c)
F200Words in s. 57(2)(b) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 3(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2
F201Words in s. 57(2)(c) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(b); S.I. 2008/1065, art. 2(c)
F202Words in s. 57(2)(c) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 3(3); S.I. 2009/371, art. 2(2), Sch. Pt. 2
F203S. 57(2)(d) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(2), 32(3); S.I. 2008/983, art. 2
F204S. 57(3) repealed (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(4), Sch. 2; S.I. 2008/1065, art. 2(c)(d)
F205Words in s. 57(4) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(5); S.I. 2008/1065, art. 2(c)
F206Words in s. 57(5) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(6)(a); S.I. 2008/1065, art. 2(c)
F207Words in s. 57(5)(c) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(6)(b); S.I. 2008/1065, art. 2(c)
F208S. 57(5A) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(3), 32(3); S.I. 2008/983, art. 2
F209Word in s. 57(5A) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(2)(a), 11(2); S.I. 2014/1706, art. 3(e)
F210S. 57(5A)(b) and word inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(2)(b), 11(2); S.I. 2014/1706, art. 3(e)
F211S. 57(5B) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(3), 11(2); S.I. 2014/1706, art. 3(e)
F212S. 57(6A)(6B) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(4), 32(3); S.I. 2008/983, art. 2
F213S. 57(9) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 13, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
Modifications etc. (not altering text)
C9S. 57(3)(4) amended (22.3.2001) by S.I. 2001/1274, art. 3(4)(b)
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Textual Amendments
F214S. 57A omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(4), 11(2); S.I. 2014/1706, art. 3(e)
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Textual Amendments
F215S. 58 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(e)
Textual Amendments
F216S. 59 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F217S. 60 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 21, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
Textual Amendments
F218S. 60A repealed (28.7.2000 for E. for specified purposes, 1.1.2001 for W. and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 36, Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
(1)In this Part of this Act—
“functions” includes powers and duties,
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and
“regulations” means regulations made by the Secretary of State [F219or the Welsh Ministers].
(2)References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—
(a)rights or liabilities under a contract of employment, or
(b)liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.
(3)In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—
(a)to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the M4Education Act 1944, and
(b)to a higher education funding council are to the Universities Funding Council established under section 131 of the M5Education Reform Act 1988 and to the Polytechnics and Colleges Funding Council established under section 132 of that Act.
Textual Amendments
F219Words in s. 61(1) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(c); S.I. 2014/1706, art. 3(h)
Modifications etc. (not altering text)
C10S. 61(3)(a) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(3)(a)(b), Sch.3)
Commencement Information
I23S. 61 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
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Textual Amendments
F220S. 61A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 38
(1)There shall be established—
(a)a body corporate to be known as the Higher Education Funding Council for England to exercise in relation to England the functions conferred on them, and
(b)a body corporate to be known as the Higher Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.
(2)The Higher Education Funding Council for England shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
(3)The Higher Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
(4)In appointing the members of a council the Secretary of State—
(a)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and
(b)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
(5)In this Part of this Act any reference to a council is to a higher education funding council.
(6)In the Education Acts any reference to a higher education funding council—
(a)in relation to matters falling within the responsibility of the Higher Education Funding Council for England or to educational institutions in England, is to that council, and
(b)in relation to matters falling within the responsibility of the Higher Education Funding Council for Wales or to educational institutions in Wales, is to that council.
(7)In this Part of this Act references to institutions in England or institutions in Wales—
(a)are to institutions whose activities are carried on, or principally carried on, in England or, as the case may be, Wales, but
(b)include, in both cases, the Open University.
[F221(7A)In exercising their functions, each council shall have regard to the requirements of disabled persons.
(7B)In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the [F222Equality Act 2010].]
(8)Any dispute as to whether any functions are exercisable by one of the councils shall be determined by the Secretary of State.
(9)Schedule 1 to this Act has effect with respect to each of the councils.
Textual Amendments
F221S. 62(7A)(7B) inserted (31.7.1996) by 1995 c. 50, s. 30(5) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(2), Sch. Pt.II
F222Words in s. 62(7B) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 23 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))
Modifications etc. (not altering text)
C11S. 62(7) applied (31.3.1999) by S.I. 1999/603, art. 3(2).
C12S. 62(8) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2.
Commencement Information
I24S. 62 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)On the appointed day—
(a)the Universities Funding Council and the Polytechnics and Colleges Funding Council (referred to in this section as the “existing councils”) shall be dissolved, and
(b)all property, rights and liabilities to which either of the existing councils were entitled or subject immediately before that date shall become by virtue of this section property, rights and liabilities of the Higher Education Funding Council for England,
but this subsection does not apply to rights or liabilities under a contract of employment.
(2)Where—
(a)immediately before the appointed day, a person (referred to below as “the employee”) is employed by an existing council (referred to below as “the existing employer”) under a contract of employment which would have continued but for the dissolution of the existing employer, and
(b)the employee is designated for the purposes of this section by an order made by the Secretary of State,
the contract of employment shall not be terminated by that dissolution but shall have effect as from the appointed day as if originally made between the employee and the new employer.
(3)In this section “the new employer”, in relation to the employee, means such higher education funding council as may be specified in relation to the employee by the order designating him for the purposes of this section; and in this subsection “higher education funding council” includes the Scottish Higher Education Funding Council.
(4)Without prejudice to subsection (2) above, where that subsection applies—
(a)all the existing employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred on the appointed day to the new employer, and
(b)anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall as from that date be treated as having been done by or in relation to the new employer.
(5)Subsections (2) and (4) above are without prejudice to any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
(6)An order under this section may designate a person either individually or as a member of a class or description of employees.
(7)In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of this section.
Extent Information
E1S. 63 extends to Great Britain see s. 94(5).
Commencement Information
I25S. 63 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
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Textual Amendments
F223S. 64 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
(1)Each council shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to the council by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.
(2)The activities eligible for funding under this section are—
(a)the provision of education and the undertaking of research by higher education institutions in the council’s area,
(b)the provision of any facilities, and the carrying on of any other activities, by higher education institutions in their area which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research,
(c)the provision—
(i)by institutions in their area maintained or assisted by [F15local authorities], or
(ii)by such institutions in their area as are within the further education sector,
of prescribed courses of higher education, and
(d)the provision by any person of services for the purposes of, or in connection with, the provision of education or the undertaking of research by institutions within the higher education sector.
(3)A council may—
(a)make grants, loans or other payments to the governing body of any higher education institution in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above, and
(b)make grants, loans or other payments to any persons in respect of expenditure incurred or to be incurred by them for the purposes of the provision as mentioned in subsection (2)(c) above of prescribed courses of higher education or the provision of services as mentioned in subsection (2)(d) above,
subject in each case to such terms and conditions as the council think fit.
[F224(3A)In the application of subsection (3) above to any grants, loans or other payments by a Council, the reference to expenditure incurred or to be incurred by the governing body of a higher education institution as mentioned in paragraph (a) of that subsection includes a reference to expenditure incurred or to be incurred by any connected institution to which the governing body propose, with the consent of the Council, to pay the whole or part of any such grants, loans or other payments.
(3B)In subsection (3A) “connected institution”, in relation to a higher education institution, means any college, school, hall or other institution which the Council in question are satisfied has a sufficient connection with that institution for the purposes of that subsection.]
(4)The terms and conditions on which a council may make any grants, loans or other payments under this section may in particular—
(a)enable the council to require the repayment, in whole or in part, of sums paid by the council if any of the terms and conditions subject to which the sums were paid is not complied with, and
(b)require the payment of interest in respect of any period during which a sum due to the council in accordance with any of the terms and conditions remains unpaid,
but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from the council.
F225(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F225(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this section and section 66 of this Act “higher education institution” means a university, an institution conducted by a higher education corporation or a designated institution.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F224S. 65(3A)(3B) inserted (retrospectively) by 1998 c. 30, ss. 27, 46(3) (with s. 42(8))
F225S. 65(4A)(4B) repealed (1.9.2002) by 2001 c. 10, s. 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
Modifications etc. (not altering text)
C13S. 65(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1
Commencement Information
I26S. 65 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
(1)Before exercising their discretion under section 65(3)(a) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, a council shall consult such of the following bodies as appear to the council to be appropriate to consult in the circumstances—
(a)such bodies representing the interests of higher education institutions as appear to the council to be concerned, and
(b)the governing body of any particular higher education institution which appears to the council to be concerned.
(2)In exercising their functions in relation to the provision of financial support for activities eligible for funding under section 65 of this Act a council shall have regard to the desirability of not discouraging any institution for whose activities financial support is provided under that section from maintaining or developing its funding from other sources.
(3)In exercising those functions a council shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining—
(a)what appears to them to be an appropriate balance in the support given by them as between institutions which are of a denominational character and other institutions, and
(b)any distinctive characteristics of any institution within the higher education sector for whose activities financial support is provided under that section.
(4)For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to the council that either—
(a)at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,
(b)any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
(c)any of the property held for the purposes of the institution is held on trust for or in connection with—
(i)the provision of education, or
(ii)the conduct of an educational institution,
in accordance with the tenets of a religion or religious denomination.
Commencement Information
I27S. 66 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
(1)In section 133 of the M6Education Reform Act 1988 (payments by PCFC in respect of persons employed in the provision of higher or further education) for subsection (1) there is substituted—
“(1)A higher education funding council shall have power to make payments, subject to such terms and conditions as the council think fit, to—
(a)any [F15local authority] in their area;
(b)the London Residuary Body;
(c)the London Pensions Fund Authority; and
(d)the governing body of any institution designated under section 129 of this Act, as originally enacted;
in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.”
(2)In subsection (2)(a) of that section (meaning of relevant expenditure) after “education authority” there is inserted “ the London Residuary Body or the London Pensions Fund Authority ”.
(3)At the end of subsection (3) of that section (meaning of references to higher and further education) there is added “ and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date ”.
(4)In subsection (4) of that section (duty to give information) after paragraph (a) there is inserted—
“(aa)the London Residuary Body;
(ab)the London Pensions Fund Authority”.
(5)That section as originally enacted shall have effect, or be treated as having had effect, as if—
(a)in subsection (1), in relation to anything done before regulations for the purposes of that subsection were in force, the words “of any class or description prescribed for the purposes of this section” were omitted, and
(b)in subsections (1) and (2) the references to a [F15local authority] included the London Residuary Body and the London Pensions Fund Authority.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
Commencement Information
I28S. 67 wholly in force: s. 67(2)-(5) in force at 6.5.1992; s. 67(1) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3
Marginal Citations
(1)The Secretary of State may make grants to each of the councils of such amounts and subject to such terms and conditions as he may determine.
(2)The terms and conditions subject to which grants are made by the Secretary of State to either of the councils—
(a)may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by the council in respect of activities carried on by the institution, but
(b)shall not otherwise relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.
(3)Such terms and conditions may not be framed by reference to particular courses of study or programmes of research (including the contents of such courses or programmes and the manner in which they are taught, supervised or assessed) or to the criteria for the selection and appointment of academic staff and for the admission of students.
(4)Such terms and conditions may in particular—
(a)enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and
(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
Modifications etc. (not altering text)
C14S. 68 excluded (1.9.2005) by Education Act 2005 (c. 18), ss. 88(5), 125(3)(a)
C15S. 68 modified (14.1.2006) by Higher Education Act 2004 (c. 8), ss. 23, 52(2) (with ss. 24-29); S.I. 2006/51, art. 2
C16S. 68(1) extended (16.7.1998) by 1998 c. 30, ss. 26(3), 46(3) (with s. 42(8))
C17S. 68(1) extended (31.3.2011) by Higher Education Act 2004 (c. 8), ss. 27, 52(3); S.I. 2011/297, art. 3(a)
Commencement Information
I29S. 68 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)Each council—
(a)shall provide the Secretary of State with such information or advice relating to the provision for their area of higher education as he may from time to time require, and
(b)may provide the Secretary of State with such information or advice relating to such provision as they think fit,
and information and advice provided under this subsection shall be provided in such manner as the Secretary of State may from time to time determine.
[F226(1A)Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of [F227section 25 of the Charities Act 2011)].
(1B)Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information under [F228section 56 or 57 of that Act].]
(2)Each council shall keep under review activities eligible for funding under section 65 of this Act.
(3)A council may provide, on such terms as may be agreed, such advisory services as the Department of Education for Northern Ireland or the Department of Agriculture for Northern Ireland may require in connection with the discharge of the department’s functions relating to higher education in Northern Ireland.
(4)Where—
(a)any land or other property is or was used or held for the purposes of an institution, and
(b)the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event,
then, if the institution is within the higher education sector, the Secretary of State may direct that all or any of his functions in respect of the property shall be exercisable on his behalf by the council, and the functions shall be so exercised in accordance with such directions as he may give from time to time.
(5)The Secretary of State may by order confer or impose on a council such supplementary functions relating to the provision of education as he thinks fit.
(6)For the purposes of subsection (5) above a function is a supplementary function in relation to a council if it is exercisable for the purposes of—
(a)the exercise by the Secretary of State of functions of his under any enactment, or
(b)the doing by the Secretary of State of anything he has power to do apart from any enactment,
and it relates to, or to the activities of, any institution mentioned in subsection (7) below.
(7)Those institutions are—
(a)institutions within the higher education sector, or
(b)institutions within the further education sector, or maintained or assisted by [F15local authorities], at which prescribed courses of higher education are currently provided.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F226S. 69(1A)(1B) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 1(2)
F227Words in s. 69(1A) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 63(a) (with s. 20(2), Sch. 8)
F228Words in s. 69(1B) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 63(b) (with s. 20(2), Sch. 8)
Commencement Information
I30S. 69 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)[F230The Higher Education Funding Council for England] shall—
(a)secure that provision is made for assessing the quality of education provided in institutions for whose activities they provide, or are considering providing, financial support F231. . ., and
(b)establish a committee, to be known as the “Quality Assessment Committee”, with the function of giving them advice on the discharge of their duty under paragraph (a) above and such other functions as may be conferred on the committee by the council.
(2)The majority of the members of the committee—
(a)shall be persons falling within subsection (3) below, and
(b)shall not be members of the council.
(3)Persons fall within this subsection if they appear to the council to have experience of, and to have shown capacity in, the provision of higher education in institutions within the higher education sector and, in appointing such persons, the council shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision.
(4)Schedule 1 to this Act shall apply to a committee established under this section as it applies to committees established under paragraph 8 of that Schedule.
Textual Amendments
F229Words in s. 70 heading substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 2(3); S.I. 2015/1327, art. 5(s)(ii)
F230Words in s. 70(1) substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 2(2); S.I. 2015/1327, art. 5(s)(ii)
F231Words in s. 70(1)(a) omitted (21.9.1994) by virtue of 1994 c. 30, s. 24, Sch. 2 para. 10(2); S.I. 1994/2204, art.2
Commencement Information
I31S. 70 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)After section 124 of the M7Education Reform Act 1988 there is inserted—
(1)For each higher education corporation established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.
(2)The initial instrument of government of a higher education corporation established on or after that day shall be such as is prescribed by an order of the Privy Council.
(3)An order of the Privy Council may—
(a)make an instrument of government of any higher education corporation with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in place of the instrument prescribed under subsection (2) above; or
(b)modify an instrument made in pursuance of this subsection.
(4)An instrument of government of a higher education corporation—
(a)shall comply with the requirements of Schedule 7A to this Act; and
(b)may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.
(5)An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.
(6)The validity of any proceedings of a higher education corporation for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
(7)Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation for which an instrument of government has effect and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
(8)In relation to a higher education corporation for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.
(9)The Secretary of State may by order amend or repeal any of paragraphs 3 to 5 and 11 of Schedule 7A to this Act.
(10)In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.
(1)It shall be the duty of each corporation—
(a)to keep proper accounts and proper records in relation to the accounts; and
(b)to prepare in respect of each financial year of the corporation a statement of accounts.
(2)The statement shall—
(a)give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and
(b)comply with any directions given by the higher education funding council as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(3)The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.
(4)The accounts (including any statement prepared under this section) shall be audited by persons appointed in respect of each financial year by the corporation.
(5)The corporation shall consult, and take into account any advice given by, the Audit Commission for Local Authorities and the National Health Service in England and Wales before appointing any auditor under subsection (4) above in respect of their first financial year.
(6)No person shall be qualified to be appointed auditor under that subsection except—
(a)an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989;
(b)a member of the Chartered Institute of Public Finance and Accountancy; or
(c)a firm each of the members of which is a member of that institute.
(7)In this section, in relation to a corporation—
“the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and
“financial year” means that period and each successive period of twelve months.
(1)The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members.
(2)In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.
(3)The following provisions apply where an instrument of government is made under section 124A of this Act for a higher education corporation with respect to which Schedule 7 to this Act has effect.
(4)The instrument shall apply, subject to subsection (5) below, as if the persons who, immediately before its coming into effect, were the members of the corporation had been appointed in accordance with the instrument for the residue of the term of their then subsisting appointment.
(5)Any local authority nominee, teacher nominee, general staff nominee or student nominee (within the meaning, in each case, of Schedule 7 to this Act) shall cease to hold office.
(1)This section applies in relation to the exercise of powers for the purposes of this Part of this Act.
(2)A power vested in the Privy Council may be exercised by any two or more of the lords and others of the Council.
(3)An act of the Privy Council shall be sufficiently signified by an instrument signed by the clerk of the Council.
(4)An order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council.
(5)An instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.”
(2)In section 125 of that Act (articles of government) for “the Secretary of State” (in each place where it appears) there is substituted “ the Privy Council ”; but nothing in this subsection requires further approval to be given for anything approved by the Secretary of State under that section before the commencement of this subsection.
(3)In Schedule 7 to that Act (constitution of higher education corporations)—
(a)at the end of paragraph 7 (appointments) there is added—
“(8)If the number of independent members of the corporation falls below the number needed in accordance with its articles of government for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum”, and
(b)in paragraph 18 (accounts) after sub-paragraph (2) there is inserted—
“(2A)The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.”
(4)After that Schedule there is inserted the Schedule set out in Schedule 6 to this Act.
Commencement Information
I32S. 71 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)In section 129 of the M8Education Reform Act 1988 (designation of institutions)—
(a)for subsections (1) and (2) there is substituted—
“(1)The Secretary of State may by order designate as an institution eligible to receive support from funds administered by a higher education funding council—
(a)any institution which appears to him to fall within subsection (2) below; and
(b)any institution which is, or is to be, conducted by a successor company to a higher education corporation.
(2)An institution falls within this subsection if its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number”, and
(b)subsections (3) and (4) of that section are omitted.
(2)An order in force immediately before the commencement of subsection (1) above designating an institution as falling within subsection (3) of that section shall have effect as if made under that section as amended by subsection (1) above.
(3)In this Part of this Act “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of that Act has effect.
Commencement Information
I33S. 72 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)After section 129 of the M9Education Reform Act 1988 there is inserted—
(1)This section has effect in relation to any designated institution, other than an institution conducted by a company.
(2)For each such institution there shall be—
(a)an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government); and
(b)an instrument in accordance with which the institution is to be conducted (to be known as the articles of government),
each of which meets the requirements of subsection (3) below.
(3)Those requirements are that the instrument—
(a)was in force when the designation took effect; or
(b)is made in pursuance of a power under a regulatory instrument, or is made under subsection (5) below,
and is approved for the purposes of this section by the Privy Council.
(4)In this section “regulatory instrument”, in relation to an institution, means any instrument of government or articles of government and any other instrument relating to or regulating the institution.
(5)Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the body of persons responsible for the management of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.
(6)If an instrument approved by the Privy Council for the purposes of this section—
(a)falls within subsection (3)(a) above or was made in pursuance of a power under a regulatory instrument and, apart from this section, there is no power to modify it; or
(b)was made by the body of persons responsible for the management of the institution,
the instrument may be modified by those persons.
(7)Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council’s consent.
(8)Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult—
(a)the governing body of the institution, and
(b)where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,
so far as it appears to them to be practicable to do so.
(9)Nothing in this section requires further approval for any instrument approved by the Secretary of State for the purposes of section 156 of this Act, and references in this section to instruments approved by the Privy Council for the purposes of this section include instruments so approved by the Secretary of State.
(10)In this section and section 129B “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect but does not include any institution established by Royal Charter.
(1)This section has effect in relation to any designated institution conducted by a company.
(2)The articles of association of the company shall incorporate—
(a)provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution); and
(b)provision with respect to the conduct of the institution (to be known as the articles of government of the institution).
(3)The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—
(a)the memorandum or articles of association of the company; or
(b)any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,
are amended in such manner as they may specify in the direction.
(4)No amendment of the memorandum or articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Privy Council for their approval and they have notified their approval to the company.
(5)Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.”
(2)Section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated institutions.
Commencement Information
I34S .73 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)After section 122 of the M10Education Reform Act 1988 (orders incorporating higher education institutions maintained by [F15local authorities]) there is inserted—
(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 M11Education 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.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
Commencement Information
I35S. 74 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
Marginal Citations
In section 157 of the M12Education Reform Act 1988 (variation of trust deeds, etc.) for subsections (1) to (3) (variations by Secretary of State in connection with institutions in the higher education sector or designated assisted institutions) there is substituted—
“(1)An order of the Privy Council may modify any trust deed or other instrument—
(a)relating to or regulating any such institution as is mentioned in subsection (2) below; or
(b)relating to any land or other property held by any person for the purposes of any such institution.
(2)The institutions referred to in subsection (1) above are—
(a)any institution conducted by a higher education corporation; and
(b)any institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect, other than an institution established by Royal Charter.
(3)Before making any modifications under subsection (1) above of any trust deed or other instrument the Privy Council shall so far as it appears to them to be practicable to do so consult—
(a)the governing body of the institution;
(b)where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons; and
(c)where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.”
Modifications etc. (not altering text)
C18S. 75(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
Commencement Information
I36S. 75 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)The Privy Council may by order
[F232(a)specify any institution which provides higher education as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) and (b) below][F233;
(b)specify any institution F234... within the further education sector as competent to grant in pursuance of this section an award of the kind mentioned in subsection (2A) below.]
(2)The kinds of award referred to in [F235subsection (1)(a)] above are—
(a)awards granted to persons who complete an appropriate course of study and satisfy an appropriate assessment, and
(b)awards granted to persons who complete an appropriate programme of supervised research and satisfy an appropriate assessment,
and in this section “award” means any degree, diploma, certificate or other academic award or distinction and “assessment” includes examination and test.
[F236(2A)The kind of award referred to in subsection (1)(b) above is a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment.]
[F237(2B)Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—
(a)the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and
(b)the Privy Council considers that the proposals are satisfactory and are likely to be carried out.]
(3)An institution for the time being specified in such an order may grant any award of a kind mentioned in subsection (2)(a) or (b) [F238or (2A)] above which it is competent to grant by virtue of the order to persons who complete the appropriate course of study or, as the case may be, programme of supervised research on or after the date specified in the order.
(4)An institution specified in such an order [F239as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above] may also—
(a)grant honorary degrees, and
(b)grant degrees to members of the academic and other staff of the institution.
[F240(4A)An institution specified in such an order as competent to grant in pursuance of this section the kind of award mentioned in subsection (2A) above may also—
(a)grant honorary foundation degrees, and
(b)grant foundation degrees to members of the academic and other staff of the institution.]
(5)[F241Subject to subsection (5A) below, any] power conferred on an institution to grant awards in pursuance of this section includes power—
(a)to authorise other institutions to do so on behalf of the institution,
(b)to do so jointly with another institution, and
(c)to deprive any person of any award granted to him by or on behalf of the institution in pursuance of this section (or, in the case of an award granted to him by the institution and another institution jointly, to do so jointly with the other institution).
[F242(5A)An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution's power to grant such awards does not include the power described in subsection (5)(a) above.]
(6)[F243Subject to subsection (6A) below, it] shall be for the institution to determine in accordance with any relevant provisions of the instruments relating to or regulating the institution the courses of study or programmes of research, and the assessments, which are appropriate for the grant of any award and the terms and conditions on which any of the powers conferred under this section may be exercised.
[F244(6A)An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution is not to grant such an award to a person unless he was enrolled at the institution at the time he completed the course of study for which the award is granted.]
(7)Section 124D of the M13Education Reform Act 1988 applies in relation to orders under subsection (1) above as it applies in relation to the exercise of powers for the purposes of Part II of that Act.
Textual Amendments
F232S. 76(1)(a) renumbered (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(a), 32(5); S.I. 2007/3505, art. 6
F233S. 76(1)(b) and preceding semi-colon inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(b), 32(5); S.I. 2007/3505, art. 6
F234Words in s. 76(1)(b) repealed (1.10.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 259(1), 269(3), Sch. 16 Pt. 11; S.I. 2010/2413, art. 2(c) (with arts. 3-5)
F235Words in s. 76(2) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(3), 32(5); S.I. 2007/3505, art. 6
F236S. 76(2A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(4), 32(5); S.I. 2007/3505, art. 6
F237S. 76(2B) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(5), 32(5); S.I. 2007/3505, art. 6
F238Words in s. 76(3) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(6), 32(5); S.I. 2007/3505, art. 6
F239Words in s. 76(4) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(7), 32(5); S.I. 2007/3505, art. 6
F240S. 76(4A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(8), 32(5); S.I. 2007/3505, art. 6
F241Words in s. 76(5) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(9), 32(5); S.I. 2007/3505, art. 6
F242S. 76(5A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(10), 32(5); S.I. 2007/3505, art. 6
F243Words in s. 76(6) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(11), 32(5); S.I. 2007/3505, art. 6
F244S. 76(6A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(12), 32(5); S.I. 2007/3505, art. 6
Commencement Information
I37S. 76 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)Where—
(a)power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, and
(b)the educational institution is within the higher education sector,
then, if the power is exercisable with the consent of the Privy Council, it may (whether or not the institution would apart from this section be a university) be exercised with the consent of the Privy Council so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body.
(2)The reference in subsection (1) above to a power to change the name of an institution or body includes any power (however expressed and whether or not subject to any conditions or restrictions) in the exercise of which the name of the institution or body may be changed; but the power as extended by that subsection has effect subject to any such conditions or restrictions.
(3)In exercising any power exercisable by virtue of this section to consent to a change in any name the Privy Council shall have regard to the need to avoid names which are or may be confusing.
(4)Any educational institution whose name includes the word “university” by virtue of the exercise of any power as extended by subsection (1) above is to be treated as a university for all purposes [F245, unless in that name that word is immediately followed by the word “college” or “collegiate”.]
Textual Amendments
F245Words in s. 77(4) added (1.10.1998) by 1998 c. 30, ss.40, 46(4) (with s. 42(8)); S.I. 1998/2215, art. 2
Commencement Information
I38S. 77 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)If the Secretary of State directs that any financial year specified in the direction of the higher education corporations, and subsequent financial years, are to begin with a date specified in the direction, then—
(a)the financial year of the corporations immediately preceding the year specified in the direction shall end immediately before the date specified in the direction, and
(b)the financial year specified in the direction and subsequent financial years shall be each successive period of twelve months.
(2)Section 124B(7) of, and paragraph 18 of Schedule 7 to, the M14Education Reform Act 1988 (financial years) shall have effect subject to this section.
Commencement Information
I39S. 78 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
Each of the following shall give a council such information as they may require for the purposes of the exercise of any of their functions under the Education Acts—
(a)a [F15local authority],
(b)the governing body of any institution within the higher education sector, and
(c)the governing body of any institution at which prescribed courses of higher education are currently or have at any time been provided.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
Modifications etc. (not altering text)
C19S. 79 modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
Commencement Information
I40S. 79 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
The Higher Education Funding Council for England may direct any exempt charity in relation to which it is the principal regulator (within the meaning of [F247section 25 of the Charities Act 2011)] to provide it with such information as it considers necessary for the purpose of discharging its duty under [F248section 26(2) of that Act].]
Textual Amendments
F246S. 79A inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 4
F247Words in s. 79A substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 64(a) (with s. 20(2), Sch. 8)
F248Words in s. 79A substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 64(b) (with s. 20(2), Sch. 8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F249S. 80 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
(1)In exercising their functions under this Part of this Act, [F250the HEFCW] shall comply with any directions under this section, and such directions shall be contained in an order made by the Secretary of State.
(2)The Secretary of State may give general directions to [F251the HEFCW] about the exercise of their functions.
(3)If it appears to the Secretary of State that the financial affairs of any institution within the higher education sector have been or are being mismanaged he may, after consulting [F252the HEFCW] and the institution, give such directions to [F252the HEFCW] about the provision of financial support in respect of the activities carried on by the institution as he considers are necessary or expedient by reason of the mismanagement.
Textual Amendments
F250Words in s. 81(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 22(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 9)
F251Words in s. 81(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 22(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 9)
F252Words in s. 81(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 22(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 9)
Commencement Information
I41S. 81 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
[F253(1)A relevant authority may exercise any of its functions jointly with—
(a)another relevant authority, or
(b)the Secretary of State, to the extent that the Secretary of State is discharging functions under section 14 of the Education Act 2002,
where the condition in subsection (1B) is met.
(1A)The Secretary of State may exercise functions under section 14 of the Education Act 2002 jointly with a relevant authority where the condition in subsection (1B) is met.
(1B)The condition is that it appears to the persons who are to exercise functions jointly that to do so—
(a)will be more efficient, or
(b)will enable them more effectively to discharge any of their functions.]
(2)[F254A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State] for the assessment by a person appointed by them of matters relating to the arrangements made by each institution in Great Britain which is within the higher education sector for maintaining academic standards in the institution.
[F255(2A)The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.]
(3)In this section—
[F256(a)“relevant authority” means a higher education funding council, F257...F258... the National Assembly for Wales to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000 or the Scottish Higher Education Funding Council, and]
(b)references to institutions within the higher education sector include institutions within the higher education sector within the meaning of Part II of the M15Further and Higher Education (Scotland) Act 1992.
Extent Information
E2S. 82 extends to Great Britain see s. 94(5).
Textual Amendments
F253S. 82(1)-(1B) substituted for s. 82(1) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(2); S.I. 2012/924, art. 2
F254Words in s. 82(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(3); S.I. 2012/924, art. 2
F255S. 82(2A) inserted (1.7.1999) by The Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), art. 2, Sch. para. 13; S.I. 1998/3178, art. 3
F256S. 82(3)(a) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 25(c) (with art. 7)
F257Words in s. 82(3)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(4); S.I. 2012/924, art. 2
F258Words in s. 82(3)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 39
Modifications etc. (not altering text)
C20S. 82 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2.
C21S. 82 amended (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 13.
Commencement Information
I42S. 82 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
[F259(1)A person listed in an entry in column 1 of the table in subsection (1B) may arrange for efficiency studies to be promoted or carried out by any person in respect of an institution listed in the corresponding entry in column 2 of that table.
(1A)“Efficiency studies” are studies designed to improve economy, efficiency and effectiveness in the management or operations of an institution.
(1B)The table referred to in subsection (1) is—
Person | Institution |
---|---|
The Welsh Ministers | An institution in Wales within the further education sector. |
[F260The Secretary of State] | An institution in England within the further education sector, other than a sixth form college |
The [F261Secretary of State ] | A sixth form college |
A higher education funding council | An institution within the higher education sector.] |
(2)A person promoting or carrying out [F262efficiency studies] at the [F263request of a person listed in an entry in column 1 of the table in subsection (1B)] may require the governing body of the institution concerned—
(a)to furnish the person, or any person authorised by him, with such information, and
(b)to make available to him, or any person so authorised, for inspection their accounts and such other documents,
as the person may reasonably require for that purpose.
Textual Amendments
F259S. 83(1)-(1B) substituted for s. 83(1) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(2) (with art. 2(3))
F260Words in s. 83 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 40
F261Words in s. 83(1B) table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 37; S.I. 2012/924, art. 2
F262Words in s. 83(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(3)(a) (with art. 2(3))
F263Words in s. 83(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(3)(b) (with art. 2(3))
Modifications etc. (not altering text)
C22S. 83(2) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2
Commencement Information
I43S. 83 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)This section applies where—
(a)(apart from this section) any land or other property of a local authority would on any date (“the date of transfer”) be transferred under F264...Part II of the M16Education Reform Act 1988 to the governing body of an institution within the further education sector or the higher education sector, and
(b)at any time before that date the authority, the governing body of the institution and the governing body of any other institution which will on that date be an institution within the further education sector or the higher education sector have agreed in writing that the land or property should be transferred on that or a subsequent date to the governing body of that other institution.
(2)If the Secretary of State has approved the agreement at any time before the date of transfer, F265... Part II of the M17Education Reform Act 1988 shall have effect as if they required the property to be transferred in accordance with the agreement.
(3)References in this section to anything done include anything done before the passing of this Act.
[F266(4)In this section “local authority” includes a non-metropolitan district council for an area for which there is a county council.]
Textual Amendments
F264Words in s. 84(1)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(i)
F265Words in s. 84(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(ii)
F266S. 84(4) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 5(7)
Modifications etc. (not altering text)
C23S. 84(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.1
Commencement Information
I44S. 84 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)Chapter III of Part II of the M18Education Reform Act 1988 (finance and government of locally funded further and higher education) shall cease to have effect; and section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated assisted institutions.
(2)A [F15local authority] shall have the following powers in relation to any institution, not within the further education sector or the higher education sector, which is maintained by them in the exercise of their further or higher education functions.
(3)The authority may—
(a)make such provision as they think fit in respect of the government of the institution (including replacing any instrument of government or articles of government of the institution made under that Chapter or that section), and
(b)delegate to the governing body of the institution such functions relating to the management of the finances of the institution, and such other functions relating to the management of the institution (including the appointment and dismissal of staff), as the authority may determine.
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
Commencement Information
I45S. 85 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
Marginal Citations
(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of—
(a)any institution (other than a school) which is maintained by a [F15local authority] and provides further education or higher education (or both), F268...
(b)any institution within the further education sector[F269, and
(c)any 16 to 19 Academy.]
(3)If—
(a)a police constable, or
(b)a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
(4)In subsection (3) “the appropriate authority” means—
(a)in relation to premises of an institution such as is mentioned in subsection (2)(a), a [F15local authority], F270...
(b)in relation to premises of an institution within the further education sector, the governing body[F271, and
(c)in relation to premises of a 16 to 19 Academy, the proprietor.]
(5)No proceedings under this section shall be brought by any person other than—
(a)a police constable, or
(b)an authorised person.
(6)In subsection (5) “authorised person” means—
(a)in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a [F15local authority], F272...
(b)in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings][F273, and
(c)in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.]
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F267S. 85A inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II
F268Word in s. 85A(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(a); S.I. 2012/924, art. 2
F269S. 85A(2)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(a); S.I. 2012/924, art. 2
F270Word in s. 85A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(b); S.I. 2012/924, art. 2
F271S. 85A(4)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(b); S.I. 2012/924, art. 2
F272Word in s. 85A(6) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(c); S.I. 2012/924, art. 2
F273S. 85A(6)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(c); S.I. 2012/924, art. 2
(1)This section applies where a member of staff of an institution within the further education sector in England [F275 , or a 16 to 19 Academy,] —
(a)has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
(b)falls within section 85AB(1).
(2)The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
(3)For the purposes of this section and section 85AC each of the following is a “prohibited item”—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;
(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;
(e)a stolen article;
[F276(ea)an article that the member of staff reasonably suspects has been, or is likely to be, used—
(i)to commit an offence, or
(ii)to cause personal injury to, or damage to the property of, any person (including S);]
(f)an article of a kind specified in regulations.
(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
(5)A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
(6)In this section and section 85AB—
“member of staff”, in relation to an institution within the further education sector [F277or a 16 to 19 Academy] , means any person who works at that institution whether or not as its employee;
“possessions”, in relation to S, includes any goods over which S has or appears to have control.
(7)The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
Textual Amendments
F274Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F275Words in s. 85AA(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(3)(a); S.I. 2012/924, art. 2
F276S. 85AA(3)(ea) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(2), 82(3); S.I. 2012/924, art. 2
F277Words in s. 85AA(6) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(3)(b); S.I. 2012/924, art. 2
(1)A person may carry out a search under section 85AA only if that person—
(a)is the principal of the institution; or
(b)has been authorised by the principal to carry out the search.
(2)An authorisation for the purposes of subsection (1)(b) may be given in relation to—
(a)searches under section 85AA generally;
(b)a particular search under that section;
(c)a particular description of searches under that section.
(3)Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England [F278, or a principal of a 16 to 19 Academy,] to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
(4)A search under section 85AA may be carried out only where—
(a)the member of staff and S are on the premises of the institution; or
(b)they are elsewhere and the member of staff has lawful control or charge of S.
(5)A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
(6)A person carrying out a search of S under section 85AA—
(a)may not require S to remove any clothing other than outer clothing;
(b)must be of the same sex as S [F279, unless the condition in subsection (6A) is satisfied] ;
(c)may carry out the search only in the presence of another member of staff [F280, unless the condition in subsection (6A) is satisfied] ; and
(d)must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
[F281(6A)The condition is satisfied if—
(a)the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b)in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).]
(7)S's possessions may not be searched under section 85AA except in the presence of—
(a)S; and
(b)another member of staff [F282, unless the condition in subsection (7A) is satisfied] .
[F283(7A)The condition is satisfied if—
(a)the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b)in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.]
(8)In this section—
“member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
“outer clothing” means—
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
a hat, shoes, boots, gloves or a scarf.
Textual Amendments
F274Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F278Words in s. 85AB(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(4); S.I. 2012/924, art. 2
F279Words in s. 85AB(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(i), 82(3); S.I. 2012/924, art. 2
F280Words in s. 85AB(6)(c) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(ii), 82(3); S.I. 2012/924, art. 2
F281S. 85AB(6A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(b), 82(3); S.I. 2012/924, art. 2
F282Words in s. 85AB(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(c), 82(3); S.I. 2012/924, art. 2
F283S. 85AB(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(d), 82(3); S.I. 2012/924, art. 2
(1)A person carrying out a search under section 85AA may seize any of the following found in the course of the search—
(a)anything which that person has reasonable grounds for suspecting is a prohibited item;
(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,
but may not seize alcohol from S under this section where S is aged 18 or over.
(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
(4)A person who seizes a controlled drug under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may dispose of it if the person thinks that there is a good reason to do so.
(5)A person who seizes a stolen article under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
[F284(6A)A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—
(a)deliver the item to a police constable as soon as reasonably practicable,
(b)return the item to its owner,
(c)retain the item, or
(d)dispose of the item.
In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
(6B)Subsections (6C) and (6D) apply to an item that—
(a)has been seized under subsection (1),
(b)is a prohibited item by virtue of section 85AA(3)(ea), and
(c)is an electronic device.
(6C)The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.
(6D)Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.
(6E)In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.]
(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
(8)A person who, under subsection (1), seizes—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon; or
(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
(9)Subsection (8)(c) is subject to subsections (3), (4) [F285and (5)] and regulations made under subsection (7).
(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
Textual Amendments
F274Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F284Ss. 85AC(6A)-(6E) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(a), 82(3); S.I. 2012/924, art. 2
F285Words in s. 85AC(9) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(b), 82(3); S.I. 2012/924, art. 2
(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) [F286, (6A)(a)] or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(2)Subsection (3) applies where a person—
(a)seizes, retains or disposes of [F287an item within subsection (2A)] under section 85AC; and
(b)proves that the seizure, retention or disposal was lawful.
[F288(2A)The items referred to in subsection (2)(a) are—
(a)alcohol or its container;
(b)a controlled drug;
(c)a stolen article;
(d)an article that is a prohibited item by virtue of section 85AA(3)(ea).
(2B)Subsection (3) also applies where a person—
(a)erases data or a file from an electronic device under section 85AC(6D); and
(b)proves that the erasure was lawful.]
(3)That person is not liable in any proceedings in respect of—
(a)the seizure, retention [F289, disposal or erasure ] ; or
(b)any damage or loss which arises in consequence of it.
(4)Subsections (2) [F290 , (2B) ] and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
(5)Regulations under section 85AC(7) may make provision corresponding to any provision of this section.]
Textual Amendments
F274Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F286Words in s. 85AD(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(a), 82(3); S.I. 2012/924, art. 2
F287Words in s. 85AD(2)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(b), 82(3); S.I. 2012/924, art. 2
F288S. 85AD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(c), 82(3); S.I. 2012/924, art. 2
F289Words in s. 85AD(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(d), 82(3); S.I. 2012/924, art. 2
F290Words in s. 85AD(4) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(e), 82(3); S.I. 2012/924, art. 2
(1)A member of staff of an institution within the further education sector [F293in Wales] who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or
(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),
may search that student or his possessions for such articles and weapons.
(2)A search under this section may be carried out only where—
(a)the member of staff and the student are on the premises of the institution; or
(b)they are elsewhere and the member of staff has lawful control or charge of the student.
(3)A person may carry out a search under this section only if—
(a)he is the principal of the institution; or
(b)he has been authorised by the principal to carry out the search.
(4)A person who carries out a search of a student under this section—
(a)may not require the student to remove any clothing other than outer clothing;
(b)must be of the same sex as the student; and
(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the student.
(5)A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.
(6)If, in the course of a search under this section, the person carrying out the search finds—
(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
he may seize and retain it.
(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
(9)The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(11)In this section—
‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
‘outer clothing’ means—
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
a hat, shoes, boots, gloves or a scarf;
‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.]
Textual Amendments
F291S. 85B inserted (31.5.2007 for E., 31.10.2010 for W.) by Violent Crime Reduction Act 2006 (c. 38), ss. 46, 66(2); S.I. 2007/858, art. 3(b); S.I. 2010/2426, art. 2
F292Word in s. 85B heading inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(2), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F293Words in s. 85B(1) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
Modifications etc. (not altering text)
C24S. 85B modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
(1)A member of the staff of an institution which is within the further education sector [F295or is a 16 to 19 Academy] may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—
(a)committing any offence,
(b)causing personal injury to, or damage to the property of, any person (including the student himself), or
(c)prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.
(2)The power conferred by subsection (1) may be exercised only where—
(a)the member of the staff and the student are on the premises of the institution, or
(b)they are elsewhere and the member of the staff has lawful control or charge of the student.
(3)Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.
(4)The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
(5)In this section, “member of the staff”, in relation to an institution within the further education sector [F296or a 16 to 19 Academy], means any person who works at that institution whether or not as its employee.]
Textual Amendments
F294S. 85C inserted (1.4.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 165, 188(3); S.I. 2007/935, art. 4(b)
F295Words in s. 85C(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(a); S.I. 2012/924, art. 2
F296Words in s. 85C(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(b); S.I. 2012/924, art. 2
Modifications etc. (not altering text)
C25S. 85C modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
Textual Amendments
F297S. 86 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2(1)
Schedule 7 to this Act has effect to supplement the provisions of this Act relating to the transfer of property, rights and liabilities.
Commencement Information
I46S. 87 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
(1)Subject to subsection (2) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: F298... [F29927B, 27C], F300... [F30133P], 34, 40(5) and (7), 63 and 80.
(2)No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M19Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M20Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
Textual Amendments
F298Words in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(i)
F299Words in s. 88 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 38(a); S.I. 2012/924, art. 2
F300Word in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(ii)
F301Word in s. 88 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 38(b); S.I. 2012/924, art. 2
Commencement Information
I47S. 88 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)A land transaction effected under or by virtue of section F303... [F30427B, 27C], F305... [F30633P] or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.
(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.
(3)In this section—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act.]
Textual Amendments
F302S. 88A inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 18
F303Word in s. 88A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(h)(i)
F304Words in s. 88A substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 39(a); S.I. 2012/924, art. 2
F305Word in s. 88A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(h)(ii)
F306Word in s. 88A substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 39(b); S.I. 2012/924, art. 2
(1)Any power F307...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.
(2)For the purposes of subsection (1) above the excepted provisions are sections F308... 29A(3)(c), F308... [F30930(2)(b),] [F31033A(5)(b),] [F31133J(2), 33K(1),] 38, [F31244(2)(c),] 46 and 57; but section 14 of the M21Interpretation Act 1978 (implied power to amend) applies to orders made under those sections F313... as it applies to orders made by statutory instrument.
(3)A statutory instrument containing any order or regulations under this Act, other than [F314one falling within subsection (3A) [F315or (3B)] or] an order under section 94, shall be subject to annulment in pursuance of [F316—
(a)in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;
(b)in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.]
[F317(3A)A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]
[F318(3B)An order falls within this subsection if—
(a)it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or
(b)it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).]
(4)Orders or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the [F319person or body making the order or regulations] thinks fit.
[F320(5)Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a [F15local authority] under that Act.]
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F307Words in s. 89(1) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(i); S.I. 2014/1706, art. 3(h)
F308Words in s. 89(2) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(ii); S.I. 2014/1706, art. 3(h)
F309Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(a) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F310Word in s. 89(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(2)(a); S.I. 2009/3317, art. 2, Sch.
F311Words in s. 89(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(b); S.I. 2012/924, art. 2
F312Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(b) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F313Words in s. 89(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(c); S.I. 2012/924, art. 2
F314Words in s. 89(3) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F315Words in s. 89(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(3); S.I. 2012/924, art. 2
F316Words in s. 89(3) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(iii); S.I. 2014/1706, art. 3(h)
F317S. 89(3A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F318S. 89(3B) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(4); S.I. 2012/924, art. 2
F319Words in s. 89(4) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(3); S.I. 2010/303, art. 3, Sch. 2
F320S. 89(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(4); S.I. 2010/303, art. 3, Sch. 2
Commencement Information
I48S. 89 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)In this Act—
“contract of employment”, “employee” and “employer” have the same meaning as in [F321the Employment Rights Act 1996], and “employed” means employed under a contract of employment,
“the Education Acts” [F322has the meaning given by section 578 of the Education Act 1996],
[F323“further education” has the meaning given by section 2(3) to (5) of that Act;]
[F324“further education corporation in England” means a further education corporation established to conduct an institution in England;
“further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;]
“governing body”, in relation to an institution, means, subject to subsection (2) below—
in the case of an institution conducted by a further education corporation[F325, a sixth form college corporation] or a higher education corporation, the corporation,
in the case of a university not falling within paragraph (a) above, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs,
in the case of any other institution not falling within paragraph (a) or (b) above for which there is an instrument of government providing for the constitution of a governing body, the governing body so provided for, and
in any other case, any board of governors of the institution or any persons responsible for the management of the institution, whether or not formally constituted as a governing body or board of governors,
“higher education” has the same meaning as in the M22Education Reform Act 1988,
“higher education corporation” means a body corporate established under section 121 or 122 of the M23Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section 122A of that Act,
“interest in land” includes any easement, right or charge in, to or over land,
“land” includes buildings and other structures, land covered with water and any interest in land,
“liability” includes obligation, and
[F326“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
[F327“the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,]
F328...
[F327in relation to a proposal relating to the establishment of a sixth form college corporation, means the [F15local authority] in whose area the relevant sixth form college, or its main site, is proposed to be situated;
in relation to a sixth form college corporation, means the [F15local authority] in whose area the relevant sixth form college, or its main site, is situated;
in relation to a sixth form college, means the [F15local authority] in whose area the sixth form college, or its main site, is situated,]
[F327“sixth form college corporation” means a body corporate—
designated as a sixth form college corporation under section 33A or 33B, or
established under section 33C,]
F328...
(2)The Secretary of State may by order provide for any reference in the Education Acts to the governing body of an institution, in relation to an institution which is—
(a)a designated institution for the purposes of Part I or Part II of this Act, and
(b)conducted by a company,
to be read as a reference to the governing body provided for in the instrument of government, or to the company or to both.
F329(2ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F330(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F331(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university [F332(except where the context otherwise requires)]; but where a college or institution would not, apart from this subsection, fall to be treated separately it shall not be so treated for the purpose of determining whether any institution is in England or in Wales.
[F333(3A)In this Act references to a voluntary aided school are—
(a)in relation to any time before the appointed day within the meaning of the M24School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
(b)in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.]
(4)References in this Act to institutions within the PCFC funding sector are to be construed in accordance with section 132(6) of the M25Education Reform Act 1988.
(5)Subject to the provisions of this Act, expressions used in this Act and in [F334the Education Act 1996] have the same meaning in this Act as in that Act [F335and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned.].
Textual Amendments
F15Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
F321Words in s. 90(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(4) (with ss. 191-195, 202)
F322Words in s. 90(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(a) (with ss. 1(4), 561, 562, Sch. 39)
F323Definition in s. 90(1) inserted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(b) (with ss. 1(4), 561, 562, Sch. 39)
F324Words in s. 90(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(2)(a); S.I. 2012/924, art. 2
F325Words in s. 90(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 12(2); S.I. 2009/3317, art. 2, Sch.
F326Words in s. 90(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 5(8)
F327Words in s. 90(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 12(3); S.I. 2009/3317, art. 2, Sch.
F328Words in s. 90(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(2)(b); S.I. 2012/924, art. 2
F329S. 90(2ZA) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(3); S.I. 2012/924, art. 2
F330S. 90(2A) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(a) (with art. 7)
F331S. 90(2B) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(b) (with art. 7)
F332Words in s. 90(3) inserted (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 8 (with s. 48(2)); S.I. 1998/2215, art. 2
F333S. 90(3A) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 46(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F334Words in s. 90(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(3) (with ss. 1(4), 561, 562, Sch. 39)
F335Words in s. 90(5) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 46(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
Commencement Information
I49S. 90 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
(1)This section applies for the interpretation of the Education Acts.
F336(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)References to institutions within the further education sector are to—
(a)institutions conducted by further education corporations, and
(b)designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), [F337and
(c)sixth form colleges,]
and references to institutions outside the further education sector are to be read accordingly.
[F338(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.]
(4)References to a higher education funding council are to a council established under section 62 of this Act, subject to subsection (6) of that section.
(5)References to institutions within the higher education sector are to—
(a)universities receiving financial support under section 65 of this Act,
(b)institutions conducted by higher education corporations, and
(c)designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act),
and references to institutions outside the higher education sector are to be read accordingly.
(6)References, in relation to a further education corporation or higher education corporation, to the institution—
(a)in relation to any time before the operative date for the purposes of Part I of this Act (defined in section 17 of this Act) or, as the case may be, the transfer date for the purposes of the M26Education Reform Act 1988 (defined in section 123 of that Act), are to the institution the corporation is established to conduct, and
(b)in relation to any later time or to any corporation which is a further education corporation by virtue of section 47 of this Act or a higher education corporation by virtue of section 122A of that Act, are to any institution for the time being conducted by the corporation in the exercise of their powers under this or that Act.
Textual Amendments
F336S. 91(2) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 42, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
F337S. 91(3)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(2); S.I. 2009/3317, art. 2, Sch.
F338S. 91(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(3); S.I. 2009/3317, art. 2, Sch.
Modifications etc. (not altering text)
C26S. 91 applied (30.6.1999) by 1991 c. 56, s. 1(2), Sch. 4A para. 11(2) (as inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 1)
C27S. 91(3)(a)(b) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)
C28S. 91(5) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(3)(a)(b), Sch. 3)
C29S. 91(5)(b)(c) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)
Commencement Information
I50S. 91 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
Marginal Citations
The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision |
---|---|
appropriate further education funding council | section 1(6) |
contract of employment, etc. | section 90(1) |
[F339council (in Part I), or learning and skills council | sections 61A(1) and 90(2A)] |
council (in Part II), or higher education funding council | sections 61(3)(b), 62(5) and (6) and 91(4) |
designated institution (in Part I) | section 28(4) |
designated institution (in Part II) | section 72(3) |
the Education Acts | section 90(1) |
functions | section 61(1) |
further education | F340[section 90(1)] |
further education corporation | section 17(1) |
[F341further education corporation in England | section 90(1)] |
[F341further education corporation in Wales | section 90(1)] |
governing body | section 90(1) and (2) |
higher education | section 90(1) |
higher education corporation | section 90(1) |
institution in England or in Wales (in relation to higher education funding councils) | section 62(7) |
institutions within or outside the further education sector | section 91(3) |
institutions within or outside the higher education sector | sections 61(3)(a) and 91(5) |
institutions within the PCFC funding sector | section 90(4) |
interest in land | section 90(1) |
land | section 90(1) |
liability | section 90(1) |
local authority | section 90(1) |
modification | section 61(1) |
operative date | sections 17 and 33(4) |
F342. . . | F342. . . |
regulations | section 61(1) |
[F343relevant sixth form college | section 90(1)] |
F344. . . | F344. . . |
[F343sixth form college | section 91(3A)] |
[F343sixth form college corporation | section 90(1)] |
F342. . . | F342. . . |
F342. . . | F342. . . |
transfer of rights or liabilities | section 61(2) |
university | section 90(3) |
F344. . . | F344. . . |
Textual Amendments
F339Entry in s. 92 substituted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 43; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
F340Words in the entry for “further education” in s. 92 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 116(a) (with ss. 1(4), 561, 562, Sch. 39)
F341Words in s. 92 inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 42(a); S.I. 2012/924, art. 2
F342Entries in s. 92 repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I para. 116(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
F343Words in s. 92 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 14; S.I. 2009/3317, art. 2, Sch.
F344Words in s. 92 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 42(b); S.I. 2012/924, art. 2
Commencement Information
I51S. 92 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
(1)Schedule 8 (which makes minor and consequential amendments) shall have effect.
(2)The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column.
Commencement Information
I52S. 93 wholly in force; s. 93 not in force at Royal Assent see s. 94(3); s. 93(2) wholly in force and s. 93(1) in force for certain purposes at 6.5.1992, 30.9.1992, 1.4.1993, 1.8.1993 by S.I. 1992/831, art. 2, Schs. (as amended by S.I. 1992/2041, art. 2(b)); s. 93(1) in force (E.) for certain purposes at 7.12.1992 by S.I. 1992/3057, art. 2; s. 93(1) in force for certain purposes at 1.8.1996 by S.I. 1996/1897, art. 2
(1)This Act may be cited as the Further and Higher Education Act 1992.
F345(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.
(4)Subject to the following provisions of this section, this Act extends to England and Wales only.
(5)Sections 63, 64 and 82 of this Act extend also to Scotland.
(6)Section 80 extends also to Scotland and Northern Ireland.
(7)The amendment by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
Subordinate Legislation Made
P1S. 94(3) power partly exercised (16.3.1992): different dates appointed for specified provisions by S.I. 1992/831 (with saving and transitional provisions);
s. 94(3) power partly exercised (25.8.1992) by S.I. 1992/2041 (amending S.I. 1992/831);
s. 94(3) power partly exercised (1.9.1992): 1.4.1993 appointed for specified provisions by S.I. 1992/2377;
s. 94(3) power partly exercised (7.12.1992): 7.12.1992 appointed (E.) for s. 93(1) for certain purposes by S.I. 1992/3057;
s. 94(3) power partly exercised (9.7.1996): 1.8.1996 appointed for certain purposes by S.I. 1996/1897;
Textual Amendments
F345S. 94(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
Commencement Information
I53S. 94 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
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