Further and Higher Education Act 1992

1. Introductory Text

2. Part I Further education

   1. Chapter I Responsibility for further education

      1. The new funding councils

         1. 1. The Further Education Funding Councils.

      2. The new further education sector

         1. 2. Full-time education for 16 to 18 year-olds.

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

         3. 4. Persons with learning difficulties.

      3. Finance

         1. 5. Administration of funds by councils.

         2. 6. Administration of funds: supplementary.

         3. 7. Grants to councils.

      4. Further functions

         1. 8. Supplementary functions.

         2. 9. Assessment of quality of education provided by institutions.

      5. Adjustment of local education authority sector

         1. 10. Adjustment of local authority sector

         2. 11. Adjustment of local authority sector

      6. Provision of further education in schools

         1. 12. Provision of further education in maintained schools.

         2. 13. Provision of further education in grant-maintained schools.

      7. General

         1. 14. Meaning of “further education”, “secondary education”, “school” and “pupil”.

   2. Chapter II Institutions within the further education sector

      1. The further education corporations

         1. 15. Initial incorporation of existing institutions.

         2. 16. Orders incorporating further institutions.

         3. 16A. Publication of proposals

         4. 17. “Further education corporation” and “operative date”.

         5. 18. Principal powers of a further education corporation.

         6. 19. Supplementary powers of a further education corporation.

         7. 19A. Duty in relation to promotion of well-being of local area

         8. 20. Constitution of corporation and conduct of the institution.

         9. 21. Initial instruments and articles.

         10. 22. Subsequent instruments and articles: England

         11. 22ZA. Subsequent instruments and articles: Wales

         12. 22A. Charitable status of a further education corporation

      2. Transfer of property, etc., to further education corporations

         1. 23. Transfer of property, etc.: institutions maintained by local authorities

         2. 24. Provisions supplementary to section 23.

         3. 25. Transfer of property, etc. from foundation bodies.

         4. 26. Transfer of staff to further education corporations.

      3. Dissolution of further education corporations

         1. 27. Proposals for dissolution of further education corporations: England

         2. 27A. Dissolution of further education corporations: England

         3. 27B. Dissolution of further education corporations: England: transfer of property, rights and liabilities

         4. 27C. Dissolution of further education corporations: Wales

      4. Designation of institutions for funding by the councils

         1. 28. Designation of institutions.

         2. 29. Government and conduct of designated institutions

         3. 29A. First post-designation instruments and articles of designated institutions: England and Wales

         4. 29B. Changes to instruments and articles: England

         5. 29C. Changes to instruments and articles: Wales

         6. 30. Special provision for certain institutions.

         7. 31. Designated institutions conducted by companies.

         8. 32. Transfer of property, etc., to designated institutions.

         9. 33. Provisions supplementary to section 32.

      5. Sixth form college corporations: England

         1. 33A. Initial designation of existing bodies corporate as sixth form college corporations

         2. 33B. Subsequent designation of existing bodies corporate as sixth form college corporations

         3. 33C. Establishment of new bodies corporate as sixth form college corporations

         4. 33D. Conversion of sixth form college corporations into further education corporations

         5. 33E. Principal powers of a sixth form college corporation

         6. 33F. Supplementary powers of a sixth form college corporation

         7. 33G. Further provision about supplementary powers

         8. 33H. Duty in relation to promotion of well-being of local area

         9. 33I. Constitution of sixth form college corporation and conduct of sixth form college

         10. 33J. Special provision for certain institutions

         11. 33K. Instrument and articles of new sixth form college corporations

         12. 33L. Changes to instruments and articles

         13. 33M. Charitable status of a sixth form college corporation

         14. 33N. Proposals for dissolution of sixth form college corporations

         15. 33O. Dissolution of sixth form college corporations

         16. 33P. Dissolution of sixth form college corporations: transfer of property, rights and liabilities

      6. Property, rights and liabilities: general

         1. 34. Making additional property available for use.

         2. 35. Voluntary transfers of staff in connection with section 34.

         3. 36. General provisions about transfers under Chapter II.

         4. 37. Attribution of surpluses and deficits.

         5. 38. Payments ... in respect of loan liabilities.

         6. 39. Control of disposals of land.

         7. 40. Wrongful disposals of land.

         8. 41. Control of contracts.

         9. 42. Wrongful contracts.

         10. 43. Remuneration of employees.

      7. Miscellaneous

         1. 44. Collective worship.

         2. 45. Religious education.

         3. 46. Variation of trust deeds.

         4. 47. Transfer of higher education institutions to further education sector.

         5. 48. Statutory conditions of employment.

         6. 49. Avoidance of certain contractual terms.

         7. 49A. Consultation

         8. 50. Information with respect to institutions within the further education sector.

         9. 51. Publication of proposals.

         10. 51A. Duty to provide for named individuals: England

         11. 52. Duty to provide for named individuals: Wales

         12. 52A. Duty to safeguard pupils receiving secondary education.

         13. 53. Inspection of accounts.

   3. Chapter III General

      1. 54. Duty to give information.

      2. 55. Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State.

      3. 56. General

      4. 56A. Intervention: England

      5. 56AA. Appointment by Chief Executive of Skills Funding of members of governing body of further education institutions

      6. 56B. Intervention policy: England

      7. 56C. Directions

      8. 56D. Notification by local authority or YPLA of possible grounds for intervention

      9. 56E. Intervention by Secretary of State : sixth form colleges

      10. 56F. Appointment by local authorities of members of sixth form college governing body

      11. 56G. Intervention policy: sixth form colleges

      12. 56H. Intervention by YPLA

      13. 56I. Appointment by YPLA of members of sixth form college governing body

      14. 56J. Notification by Chief Executive of Skills Funding of possible grounds for intervention

      15. 57. Intervention : Wales

      16. 57A. Intervention policy: Wales

      17. 58. Reorganisations of schools involving establishment of further education corporation.

      18. 59. General

      19. 60. Saving as to persons detained by order of a court.

      20. 60A. General

      21. 61. Interpretation of Part I.

      22. 61A. References to appropriate bodies

3. Part II Higher education

   1. The new funding councils

      1. 62. The Higher Education Funding Councils.

      2. 63. Dissolution of existing councils.

      3. 64. Transitional arrangements.

   2. Funds

      1. 65. Administration of funds by councils.

      2. 66. Administration of funds: supplementary.

      3. 67. Payments in respect of persons employed in provision of higher or further education.

      4. 68. Grants to councils.

   3. Further functions

      1. 69. Supplementary functions.

      2. 70. Assessment of quality of education provided by institutions.

   4. Institutions in the higher education sector

      1. 71. Higher education corporations: constitution and conduct.

      2. 72. Further power of designation.

      3. 73. Government and conduct of designated institutions.

      4. 74. Transfer of further education institutions to higher education sector.

      5. 75. Variation of trust deeds.

      6. 76. Power to award degrees, etc.

      7. 77. Use of “university” in title of institution.

      8. 78. Financial years of higher education corporations.

   5. General

      1. 79. Duty to give information to the funding councils.

      2. 79A. Power to request information from higher education institutions that are exempt charities

      3. 80. Dissolution of Council for National Academic Awards.

      4. 81. Directions.

4. Part III Miscellaneous and general

   1. 82. Joint exercise of functions.

   2. 83. Efficiency studies.

   3. 84. Effect of agreements made before date of transfer.

   4. 85. Finance and government of locally funded further and higher education.

   5. 85A. Nuisance or disturbance on educational premises

   6. 85AA. Power of members of staff to search students for prohibited items: England

   7. 85AB. Power of search under section 85AA: supplementary

   8. 85AC. Power to seize items found during search under section 85AA

   9. 85AD. Section 85AC: supplementary

   10. 85B. Power to search further education students for weapons : Wales

   11. 85C. Power of members of staff to use force

   12. 86. Miscellaneous and general

   13. 87. Transfers of property, etc: supplementary provision.

   14. 88. Stamp duty.

   15. 88A. Stamp duty land tax

   16. 89. Orders, regulations and directions.

   17. 90. Interpretation.

   18. 91. Interpretation of Education Acts.

   19. 92. Index.

   20. 93. Amendments and repeals.

   21. 94. Short title, commencement, etc.

5. SCHEDULES

   1. SCHEDULE 1

      The Further and Higher Education Funding Councils

      1. Supplementary powers

         1. 1. (1) Subject to sub-paragraph (2) below, the council may do...

      2. Chief officer

         1. 2. (1) One of the members of the council shall be...

      3. Tenure of members of councils

         1. 3. (1) A person shall hold and vacate office as a...

         2. 4. If the Secretary of State is satisfied that a member...

      4. Salaries, allowances and pensions

         1. 5. (1) The council— (a) shall pay to their members such...

      5. House of Commons disqualification

         1. 6. In Part III of Schedule 1 to the House of...

      6. Staff

         1. 7. (1) The council may appoint such employees as they think...

      7. Committees

         1. 8. (1) The council may establish a committee for any purpose....

      8. Further Education Funding Council for England: regional committees

         1. 9. (1) There shall be established for each region of England...

      9. Delegation of Functions

         1. 10. The council may authorise the chairman, the chief officer or...

      10. Proceedings

          1. 11. Without prejudice to any other rights the Secretary of State...

          2. 12. The validity of any proceedings of the council or of...

          3. 13. Subject to the preceding provisions of this Schedule, the council...

      11. Application of seal and proof of instruments

          1. 14. The application of the seal of the council shall be...

          2. 15. Every document purporting to be an instrument made or issued...

      12. Accounts

          1. 16. (1) It shall be the duty of the council—

      13. Status of council

          1. 17. The council shall not be regarded as the servant or...

   2. SCHEDULE 2

      Courses of Further Education

      1. The descriptions of courses of further education referred to in...

   3. SCHEDULE 3

      Calculation of Enrolment Numbers

      1. Enrolment numbers

         1. 1. (1) The enrolment number for any institution at any time...

      2. Table for calculating enrolment numbers for sandwich courses, etc.

         1. 2. The following table applies for the purpose of determining the...

      3. Interpretation of paragraphs 1 and 2

         1. 3. (1) For the purposes of paragraph 1(1)(a) and (2)(a) above...

      4. Amendment of paragraphs 1 to 3

         1. 4. The Secretary of State may by order amend paragraphs 1...

      5. Exclusion of non-EEC students

         1. 5. For the purpose of calculating under those paragraphs any enrolment...

   4. SCHEDULE 4

      INSTRUMENTS AND ARTICLES OF GOVERNMENT

      1. Part 1 General

         1. 1. In this Schedule— “ instrument ” means an instrument of...

      2. Part 2 England

         1. 2. This Part applies in relation to— (a) a further education...

         2. 3. In this Part “ the body ” means—

         3. 4. An instrument must provide for— (a) the number of members...

         4. 5. (1) An instrument must make provision about the procedures of...

         5. 6. (1) An instrument must make provision for there to be—...

         6. 7. An instrument must require the body to publish arrangements for...

         7. 8. An instrument must permit the body to change their name...

         8. 9. An instrument must specify how the body may modify or...

         9. 10. An instrument must prohibit the body from making changes to...

         10. 11. An instrument must provide for— (a) a copy of the...

         11. 12. An instrument must provide for the authentication of the application...

      3. Part 3 Wales

         1. 13. This Part applies in relation to further education corporations in...

         2. 14. Provision made by an instrument in relation to the appointment...

         3. 15. (1) An instrument must provide for— (a) the number of...

         4. 16. An instrument must provide for one or more officers to...

         5. 17. An instrument may— (a) provide for the corporation to establish...

         6. 18. An instrument may provide for the delegation of functions of...

         7. 19. An instrument may provide for the corporation to pay allowances...

         8. 20. An instrument must provide for the authentication of the seal...

         9. 21. An instrument must require the corporation to—

         10. 22. An instrument must— (a) provide for the appointment of a...

         11. 23. An instrument must make provision about the procedures of the...

         12. 24. An instrument must provide— (a) for the appointment, promotion, suspension...

         13. 25. An instrument may make provision authorising the corporation to make...

   5. SCHEDULE 5

      Identification and apportionment, etc., of property

      1. Division and apportionment of property etc.

         1. 1. (1) Any property, rights and liabilities of a transferor authority...

      2. Identification of property, rights and liabilities

         1. 2. (1) It shall be the duty of the transferor and...

         2. 3. (1) The Education Assets Board may, in the case of...

         3. 4. (1) The transferor or transferee, if dissatisfied with a determination...

         4. 5. (1) Regulations may prescribe the procedure to be followed in...

      3. Documents of title

         1. 6. (1) Where a transfer to which this Schedule applies relates...

      4. Third parties affected by vesting provisions

         1. 7. (1) Without prejudice to the generality of paragraphs 2 to...

      5. Delivery of documents to transferee

         1. 8. When it appears to the Education Assets Board, in the...

   6. SCHEDULE 5A

      1. Interpretation

         1. 1. In this Schedule— “ the participating bodies ”, in relation...

      2. Approval by the Secretary of State

         1. 2. (1) An application for approval of an arrangement by the...

      3. Termination of arrangement etc

         1. 3. (1) Subject to any provision of the arrangement to the...

      4. Variation of arrangement

         1. 4. (1) The parties to a partnership arrangement to which section...

      5. Interpretation of existing enactments

         1. 5. (1) Regulations may provide— (a) for any reference in an...

   7. SCHEDULE 6

      New Schedule 7A to the Education Reform Act 1988

   8. SCHEDULE 7

      Transfers: supplementary provisions

      1. Proof of title by certificate

         1. 1. The Education Assets Board may issue a certificate stating that...

      2. Construction of agreements

         1. 2. (1) Where any rights or liabilities transferred by virtue of...

         2. 3. (1) Without prejudice to the generality of paragraph 2 above,...

         3. 4. The provisions of paragraphs 2 and 3 above shall have...

   9. SCHEDULE 8

      Minor and Consequential Amendments

      1. Part I Amendments of the Education Acts

         1. The Education Act 1944 (c. 31)

            1. 1. Minor and Consequential Amendments

            2. 2. Minor and Consequential Amendments

            3. 3. Minor and Consequential Amendments

            4. 4. Minor and Consequential Amendments

            5. 5. Minor and Consequential Amendments

            6. 6. Minor and Consequential Amendments

            7. 7. Minor and Consequential Amendments

            8. 8. Minor and Consequential Amendments

            9. 9. Minor and Consequential Amendments

            10. 10. Minor and Consequential Amendments

            11. 11. Minor and Consequential Amendments

            12. 12. Minor and Consequential Amendments

            13. 13. Minor and Consequential Amendments

         2. The Education Act 1946 (c. 50)

            1. 14. Minor and Consequential Amendments

         3. The Education (Miscellaneous Provisions) Act 1948 (c. 40)

            1. 15. Minor and Consequential Amendments

            2. 16. Minor and Consequential Amendments

         4. The Education Act 1980 (c. 20)

            1. 17. Minor and Consequential Amendments

         5. The Education Act 1981 (c. 60)

            1. 18. Minor and Consequential Amendments

         6. The Education (Fees and Awards) Act 1983 (c. 40)

            1. 19. In section 1(3) of the Education (Fees and Awards) Act...

         7. The Further Education Act 1985 (c. 47)

            1. 20. At the end of section 1 of the Further Education...

            2. 21. (1) In section 2(2) of that Act (power of LEAs...

         8. The Education (No. 2) Act 1986 (c. 61)

            1. 22. In section 43 of the Education (No. 2) Act 1986...

            2. 23. In section 49(3) of that Act (appraisal of performance of...

            3. 24. Minor and Consequential Amendments

            4. 25. Minor and Consequential Amendments

            5. 26. Minor and Consequential Amendments

         9. The Education Reform Act 1988 (c. 40)

            1. 27. The Education Reform Act 1988 is amended as follows.

            2. 28. The Education Reform Act 1988 (c. 40)

            3. 29. The Education Reform Act 1988 (c. 40)

            4. 30. In section 120 (functions of local authorities with respect to...

            5. 31. In section 122 (orders incorporating higher education institutions maintained by...

            6. 32. In section 123 (provisions supplementary to sections 121 and 122)—...

            7. 33. In section 124 (powers of a higher education corporation)—

            8. 34. In section 128 (dissolution of higher education corporations)—

            9. 35. Sections 131, 132 and 134 (Universities Funding Council and Polytechnics...

            10. 36. In section 135 (inspection of accounts)— (a) for subsection (1)(c)...

            11. 37. The Education Reform Act 1988 (c. 40)

            12. 38. In section 137(2) (control of disposals of land) “or 129(3)”...

            13. 39. In section 157 (construction of instruments providing for institution ceasing...

            14. 40. In section 158(2) (reports and returns) paragraphs (a)(i) and (iii)...

            15. 41. Section 159(2)(b) (information with respect to educational provision in institutions...

            16. 42. In section 161 (interpretation of Part II) subsection (1)(c) is...

            17. 43. In section 197 (Education Assets Board)— (a) in subsection (4)...

            18. 44. In section 198(5) (transfers under Parts I and II) for...

            19. 45. In section 205 (procedure for exercise of University Commissioners’ powers)—...

            20. 46. The Education Reform Act 1988 (c. 40)

            21. 47. The Education Reform Act 1988 (c. 40)

            22. 48. In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there...

            23. 49. The Education Reform Act 1988 (c. 40)

            24. 50. The Education Reform Act 1988 (c. 40)

            25. 51. The Education Reform Act 1988 (c. 40)

            26. 52. In section 221 (avoidance of certain contractual terms) subsection (1)(c)...

            27. 53. The Education Reform Act 1988 (c. 40)

            28. 54. The Education Reform Act 1988 (c. 40)

            29. 55. In section 230 (stamp duty)— (a) in subsection (1) “section...

            30. 56. The Education Reform Act 1988 (c. 40)

            31. 57. The Education Reform Act 1988 (c. 40)

            32. 58. In section 235 (general interpretation) subsection (2)(a) and (h) are...

            33. 59. In Schedule 7 (Higher Education Corporations)— (a) for paragraph 1(4)...

            34. 60. Schedule 8 (the funding councils and the assets board) shall...

            35. 61. The Education Reform Act 1988 (c. 40)

            36. 62. The Education Reform Act 1988 (c. 40)

            37. 63. The Education Reform Act 1988 (c. 40)

            38. 64. The Education Reform Act 1988 (c. 40)

            39. 65. In paragraph 4 of that Schedule at the beginning there...

            40. 66. In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2),...

         10. The Education (Student Loans) Act 1990 (c. 6)

             1. 67. In section 1(3)(a) of the Education (Student Loans) Act 1990...

      2. Part II Amendments of other Acts

         1. The Public Records Act 1958 (c. 51)

            1. 68. In Schedule 1 to the Public Records Act 1958 (definition...

         2. The Charities Act 1960 (c. 58)

            1. 69. Amendments of other Acts

         3. The Veterinary Surgeons Act 1966 (c. 36)

            1. 70. In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...

         4. The Local Authorities (Goods and Services) Act 1970 (c. 39)

            1. 71. (1) Subject to sub-paragraph (2) below, in the Local Authorities...

         5. The Chronically Sick and Disabled Persons Act 1970 (c. 44)

            1. 72. In section 8(2) of the Chronically Sick and Disabled Persons...

         6. The Superannuation Act 1972 (c. 11)

            1. 73. In Schedule 1 to the Superannuation Act 1972 the entries...

         7. The House of Commons Disqualification Act 1975 (c. 24)

            1. 74. In Part III of Schedule 1 to the House of...

         8. The Sex Discrimination Act 1975 (c. 65)

            1. 75. . . . . . . . . . ....

            2. 76. . . . . . . . . . ....

            3. 77. . . . . . . . . . ....

            4. 78. . . . . . . . . . ....

            5. 79. . . . . . . . . . ....

            6. 80. . . . . . . . . . ....

            7. 81. . . . . . . . . . ....

            8. 82. . . . . . . . . . ....

            9. 83. . . . . . . . . . ....

         9. The Race Relations Act 1976 (c. 74)

            1. 84. . . . . . . . . . ....

            2. 85. . . . . . . . . . ....

            3. 86. . . . . . . . . . ....

            4. 87. . . . . . . . . . ....

            5. 88. . . . . . . . . . ....

         10. The Employment Protection (Consolidation) Act 1978 (c. 44)

             1. 89. Amendments of other Acts

         11. The Public Passenger Vehicles Act 1981 (c. 14)

             1. 90. Amendments of other Acts

         12. The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

             1. 91. (1) Section 5 of the Disabled Persons (Services, Consultation and...

             2. 92. For section 6(1) of that Act (review of expected leaving...

         13. The Employment Act 1989 (c. 38)

             1. 93. In section 5(6) of the Employment Act 1989 (exemption for...

         14. The Town and Country Planning Act 1990 (c. 8)

             1. 94. In section 76(1) of the Town and Country Planning Act...

         15. The Environmental Protection Act 1990 (c. 43)

             1. 95. In section 98(2) of the Environmental Protection Act 1990 (definitions)—...

   10. SCHEDULE 9

       Repeals