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Further and Higher Education Act 1992

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Changes over time for: Section 34

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Version Superseded: 01/04/2006

Status:

Point in time view as at 21/09/1994. This version of this provision has been superseded. Help about Status

Changes to legislation:

Further and Higher Education Act 1992, Section 34 is up to date with all changes known to be in force on or before 14 December 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. Help about Changes to Legislation

34 Making additional property available for use.E+W

(1)The Secretary of State may by order provide for any land or other property of a local authority to be made available for use by an institution within the further education sector (referred to in this section as the “new sector institution”) if the requirements of subsection (2) below are satisfied.

(2)Those requirements are that in the opinion of the Secretary of State—

(a)the property—

(i)either has within the preceding six months been used for the purpose of the provision of further education by an institution maintained by a local education authority but its use for that purpose has been discontinued or the local education authority intend its use for that purpose to be discontinued, or

(ii)is being used for that purpose but the local education authority intend its use for that purpose to be discontinued, and

(b)it is necessary or desirable for the property to be available for use for the purposes of the new sector institution but the governing body of that institution have been unable to secure agreement with the local authority, on such terms as may reasonably be required, to secure that the property is so available.

(3)The Secretary of State shall not make an order under this section unless—

(a)the governing body of the new sector institution have applied to him, before the end of the period of three years beginning with the date which is the operative date in relation to further education corporations established under section 15 of this Act, for such an order to be made, and

(b)he has consulted the appropriate council, the local authority and the Education Assets Board.

(4)For the purpose of making any property available for use for the purposes of an institution, an order under this section may—

(a)transfer to, and vest in, the governing body—

(i)the property concerned, and

(ii)any rights or liabilities of the local authority acquired or incurred for the purpose of the provision of further education there, or

(b)confer any rights or impose any liabilities and, to the extent (if any) that the order does so, it shall have effect as if contained in an agreement between the local authority and the governing body.

(5)Subsection (4)(a)(ii) above shall not apply to any liability of the local authority in respect of the principal of, or interest on, any loan.

(6)References in this section to use for the purpose of the provision of further education are to use wholly or mainly for that purpose.

Modifications etc. (not altering text)

C1S. 34 modified (1.1.2001) by S.I. 2000/3209, reg. 9 (with savings in regs. 13, 14)

C2S. 34(4) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.1

Commencement Information

I1S. 34 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

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