Further Education and Training Act 2007

19 Power to award foundation degrees E+W

(1) Section 76 of FHEA 1992 (power to award degrees etc) is amended as follows.

(2) In subsection (1) (power of Privy Council to specify institutions by order)—

(a) the words from “specify any institution” to the end become paragraph (a), and

(b) after that paragraph insert “;

(b) specify any institution in England within the further education sector as competent to grant in pursuance of this section an award of the kind mentioned in subsection (2A) below.”

(3) In subsection (2) (kinds of award) for “subsection (1)” substitute “ subsection (1)(a) ”.

(4) After subsection (2) insert—

“(2A) The kind of award referred to in subsection (1)(b) above is a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment.”

(5) After subsection (2A) (as inserted by subsection (4)) insert—

“(2B) Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—

(a) the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and

(b) the Privy Council considers that the proposals are satisfactory and are likely to be carried out.”

(6) In subsection (3) (power to grant awards), after “subsection (2)(a) or (b)” insert “ or (2A) ”.

(7) In subsection (4) (power to grant honorary degrees etc), after “such an order” insert “ as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above ”.

(8) After subsection (4) insert—

“(4A) An institution specified in such an order as competent to grant in pursuance of this section the kind of award mentioned in subsection (2A) above may also—

(a) grant honorary foundation degrees, and

(b) grant foundation degrees to members of the academic and other staff of the institution.”

(9) In subsection (5) (powers comprised in the power to grant awards), for “Any” substitute “ Subject to subsection (5A) below, any ”.

(10) After subsection (5) insert—

“(5A) An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution's power to grant such awards does not include the power described in subsection (5)(a) above.”

(11) In subsection (6) (power of institution to determine appropriate course of study etc) for “It” substitute “ Subject to subsection (6A) below, it ”.

(12) After subsection (6) insert—

“(6A) An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution is not to grant such an award to a person unless he was enrolled at the institution at the time he completed the course of study for which the award is granted.”

Commencement Information

I1 S. 19 in force at 1.5.2008 by S.I. 2007/3505, art. 6