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Further and Higher Education Act 1992

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Changes over time for: Section 69

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Version Superseded: 01/04/2018

Status:

Point in time view as at 31/12/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

Further and Higher Education Act 1992, Section 69 is up to date with all changes known to be in force on or before 06 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

69 Supplementary functions.E+W

(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.

[F1(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 [F2section 25 of the Charities Act 2011)].

(1B)Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information under [F3section 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 [F4local authorities], at which prescribed courses of higher education are currently provided.

Textual Amendments

F2Words 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)

F3Words 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

I1S. 69 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

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