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Further and Higher Education Act 1992

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Status:

Point in time view as at 07/06/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

Further and Higher Education Act 1992, Section 57 is up to date with all changes known to be in force on or before 18 November 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

[F157 Intervention.E+W

(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution 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)the Secretary of State is satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b)he is satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)he is 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;

(d)a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education.

(3)These are the persons—

(a)Her Majesty’s Chief Inspector of Schools in England;

(b)Her Majesty’s Chief Inspector of Education and Training in Wales;

(c)the Adult Learning Inspectorate;

(d)the Chief Inspector of Adult Learning.

(4)If this section applies the Secretary of State 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)He 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 he thinks expedient as to the exercise of their powers and performance of their duties.

(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.

(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.

F2(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1S. 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)

Modifications etc. (not altering text)

C1S. 57(3)(4) amended (22.3.2001) by S.I. 2001/1274, art. 3(4)(b)

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