Chwilio Deddfwriaeth

Further and Higher Education Act 1992

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 34

 Help about opening options

Version Superseded: 26/05/2015

Status:

Point in time view as at 05/05/2010. This version of this provision has been superseded.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 09 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 [F1other than a sixth form college] (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 [F2local authority] but its use for that purpose has been discontinued or the [F2local authority] intend its use for that purpose to be discontinued, or

(ii)is being used for that purpose but the [F2local 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 [F3appropriate body], 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.

[F4(7)Nothing in this section requires the National Assembly to consult itself.]

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?