Education Reform Act 1988

1988 CHAPTER 40

An Act to amend the law relating to education.

[29th July 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 Act extends primarily to England & Wales but see s. 238(3)-(6) for extensions to Scotland and Northern Ireland

Modifications etc. (not altering text)

C1 Act applied (Canterbury and York, except Channel Islands and Isle of Man) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2), s. 7(3): Archbishops' Instrument 1991 No. 1 (made 26.7.1991)

Act modified (1.4.1993) by S.I. 1993/563, art.2

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 art. 2

C2 Power to amend Act conferred (1.2.1999) by School Standards and Framework Act 1998 (c. 31), s. 137(2) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1 (with art. 3)

C3 Act (except ss. 197, 199, 209, 226, Sch. 8. Sch. 11): powers transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C4 Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of School Standards and Framework Act 1998 (c. 31), s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C5 Act applied (E.W.) (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2

C6 Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

C7 Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

F1 Part I E+W

Textual Amendments

F1 Pt. I (ss. 1-119) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I, Sch. 39.

Chapter I E+W The Curriculum

Preliminary E+W

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Principal provisions E+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Religious education E+W

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties with respect to certain requirements E+W

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standing advisory councils on religious education E+W

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Curriculum and Assessment Councils E+W

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special cases E+W

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43 17A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary E+W

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II E+W Admission of Pupils to County and Voluntary Schools

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III E+W Finance and Staff

Financing of schools maintained by local education authorities E+W

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F78 42A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial delegation: appointment and dismissal of staff E+W

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplementary E+W

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IV E+W Grant-Maintained Schools

Duty of Secretary of State to maintain certain schools E+W

F83 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government, powers and conduct E+W

F84 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for acquisition of grant-maintained status E+W

F91 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals under section 12 or 13 of the 1980 Act in respect of schools eligible for grant-maintained status E+W

F104 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of property and staff, etc. E+W

F105 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106 75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F108 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance E+W

F110 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admissions E+W

F114 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Religious education E+W

F115 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116 85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118 87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control over alteration and change of site E+W

F120 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuance of grant-maintained schools E+W

F123 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding up and disposal of property E+W

F125 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F130 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplementary E+W

F131 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132 101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133 102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134 103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V E+W Miscellaneous

City colleges E+W

105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges in maintained schools E+W

106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous E+W

112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V: general and supplementary provisions E+W

117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part I E+W

119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II E+W+S Higher and Further Education

Modifications etc. (not altering text)

C107 Pt. II (ss. 120-161) modified (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 84(2); S.I. 1992/831, art. 2, Sch.1.

Chapter I E+W Local Education Authority Functions with respect to Higher and Further Education

120

(1) A local education authority shall no longer be under a duty to secure the provision for their area of facilities for higher education, that is to say, education provided by means of a course of any description mentioned in Schedule 6 to this Act.

F153 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A local education authority shall have power—

(a) to secure the provision for their area of such facilities for higher education as appear to them to be appropriate for meeting the needs of the population of their area;

(b) to secure the provision of higher education for persons [F154 from other areas]; and

(c) to do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.

(4) In exercising their power under subsection (3)(a) above a local education authority shall have regard to any facilities for higher education provided by [F155 institutions within the higher education sector][F156 or the further education sector] and other bodies which are provided for, or available for use by persons living in, their area.

F157 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The Secretary of State may by order amend Schedule 6 to this Act.

Textual Amendments

F153 S. 120(2) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 30(a), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F154 Words in s. 120(3)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 30(b); S.I. 1992/831, art. 2, Sch. 3.

F155 Words in s. 120(4) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 30(c)(i); S.I. 1992/831, art. 2, Sch. 3.

F156 Words in s. 120(4) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 30(c)(ii); S.I. 1992/831, art. 2, Sch. 3.

F157 S. 120(5)(9) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F158 S. 120(6)-(8) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 30(d), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

Modifications etc. (not altering text)

C108 S. 120 explained (1.9.1999) by S.I. 1999/1494, reg. 4(4)(b).

Chapter II E+W+S Reorganisation of Provision and Funding of Higher Education

Modifications etc. (not altering text)

C109 Pt. II Ch. II (ss. 121-138) modified (temp. until 31. 3. 1993) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(1); S.I. 1992/831, art. 2, Schs.1 and 3.

The higher education corporations E+W

121 Initial incorporation of higher education institutions maintained by local education authorities. E+W

F159 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) References in this Part of this Act to courses of advanced further education are references to courses designated by Schedule 2 to the M3 Education (Schools and Further Education) Regulations 1981 as courses of advanced further education.

Textual Amendments

F159 S. 121(1)-(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

Marginal Citations

M3 S.I. 1981/1086.

122 Orders incorporating higher education institutions maintained by local education authorities. E+W

(1) Subject to subsection (2) below, if at any time it appears to the Secretary of State, in the case of any institution maintained by a local education authority, that its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number he may make an order under this section with respect to that institution.

F160 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An order under this section with respect to any institution shall make provision for the establishment of a body corporate for the purpose of conducting that institution as from the transfer date applicable in relation to that body corporate.

Textual Amendments

F160 S. 122(2)-(5) repealed (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 31, Sch. 9; S.I. 1992/831, art. 2, Sch. 1

Modifications etc. (not altering text)

C110 S. 122 applied by S.I. 1991/1391, art. 2

[F161 122A Orders transferring further education corporations to higher education sector. E+W

(1) The Secretary of State may by order provide for the transfer of a further education corporation to the higher education sector if it appears to him that the full-time equivalent enrolment number of the institution conducted by the corporation for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.

(2) Where an order under this section is made in respect of a further education corporation, sections 124A and 125 of this Act shall have effect as if—

(a) on the date the order has effect, the corporation were established as a higher education corporation, and

(b) the Secretary of State were the appointing authority in relation to the first members of the higher education corporation.

(3) In determining in pursuance of subsection (2)(b) above the number of members to appoint within each variable category of members, the Secretary of State shall secure that at least half of all the members of the higher education corporation as first constituted are independent members; and in this subsection “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

(4) On such date as may be specified in the order the corporation shall cease to be a further education corporation and become a higher education corporation and any member of the further education corporation who is not re-appointed by the Secretary of State in pursuance of subsection (2)(b) above shall cease to hold office on that date.

Textual Amendments

F161 S. 122A inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 74(1); S.I. 1992/831, art. 2, Sch. 3

123 Provisions supplementary to sections 121 and 122.] E+W

(1) References in this Act to a higher education corporation are references to a body corporate established under section 121 or 122 of this Act [F162 or which has become a higher education corporation by virtue of section 122A of this Act].

(2) In this Act “transfer date” means, in relation to a higher education corporation, the date appointed under section 126 of this Act in relation to the transfer under that section of property, rights and liabilities to that corporation.

[F163 (3) Schedule 7 to this Act has effect with respect to each higher education corporation established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect.

F163 (4) A higher education corporation established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.]

Textual Amendments

F161 S. 122A inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 74(1); S.I. 1992/831, art. 2, Sch. 3

F162 Words in s. 123(1) added (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 32(a); S.I. 1992/831, art. 2, Sch.3.

F163 S. 123(3)(4) substituted for s. 123(3) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 32(b); S.I. 1992/831, art. 2, Sch. 1.

124 Powers of a higher education corporation. E+W

(1) A higher education corporation shall have power—

(a) to provide higher education;

(b) to provide further education; and

[F164 (ba) to provide secondary education [F165 suitable to the requirements of persons who have attained the age of fourteeen years],

(bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),

(bc) to participate in the provision of secondary education at a school,]

(c) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.

[F166 (1A) A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.]

(2) A higher education corporation shall also have power to do anything which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of the powers conferred on the corporation by subsection (1) above, including in particular power—

(a) to conduct an educational institution for the purpose of carrying on activities undertaken in exercise of any of those powers and, in particular, to assume the conduct as from the transfer date applicable in relation to the corporation of the institution in respect of which the corporation is established and for that purpose to receive any property, rights and liabilities transferred to the corporation under section 126 of this Act;

(b) to provide facilities of any description appearing to the corporation to be necessary or expedient for the purposes of or in connection with carrying on any such activities (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of [F167 students having learning difficulties F168 . . .]);

(c) to supply goods and services;

(d) to acquire and dispose of land and other property;

(e) to enter into contracts, including in particular—

(i) contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any such activities; and

(ii) contracts with respect to the carrying on by the corporation of any such activities;

[F169 (f) to form, participate in forming or invest in a company for the purpose of carrying on any such activities;

(fa) to form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993) for the purpose of carrying on any such activities;]

(g) to borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under section 126 of this Act and, in connection with such borrowing, to grant any mortgage, charge or other security in respect of any land or other property of the corporation;

(h) to invest any sums not immediately required for any of the purposes mentioned in paragraph (g) above;

(i) to accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes; and

(j) to do anything incidental to the conduct of an educational institution providing higher or further education.

(3) The power under subsection (2)(j) above includes in particular power—

(a) to found scholarships or exhibitions; and

(b) to make grants and give prizes.

F170 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F171 (5) For the purposes of subsection (2)(b) a person has a learning difficulty if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the higher education sector for persons of his age.

(6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.]

[F172 (7) The reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.]

Textual Amendments

F164 S. 124(1)(ba)-(bc) inserted (1.4.2001) by 2000 c. 21, s. 142(2)(a); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F165 Words in s. 124(1)(ba) substituted (1.10.2002 (E) and 19.12.2002 (W.)) by 2002 c. 32, s.215(1), Sch. 21 para. 8 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F166 S. 124(1A) inserted (1.4.2001) by 2000 c. 21, s. 142(2)(b); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F167 Words in s. 124(2)(b) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 33(a); S.I. 1992/831, art. 2, Sch. 3.

F168 Words in s. 124(2)(b) repealed (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, 154, Sch. 9 para. 15(a), Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F169 S. 124(2)(f)(fa) substituted for s. 124(2)(f) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 26(2), 32(1) (with s. 26(4))

F170 S. 124(4) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 33(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F171 S. 124(5)(6) inserted (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 15(c); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F172 S. 124(7) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 26(3), 32(1)

[F173 124A Constitution and conduct of corporations. E+W

(1) For each higher education corporation established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.

(2) The initial instrument of government of a higher education corporation established on or after that day shall be such as is prescribed by an order of the Privy Council.

(3) An order of the Privy Council may—

(a) make an instrument of government of any higher education corporation with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in place of the instrument prescribed under subsection (2) above; or

(b) modify an instrument made in pursuance of this subsection.

(4) An instrument of government of a higher education corporation—

(a) shall comply with the requirements of Schedule 7A to this Act; and

(b) may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

(5) An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.

(6) The validity of any proceedings of a higher education corporation for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.

(7) Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation for which an instrument of government has effect and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(8) In relation to a higher education corporation for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.

(9) The Secretary of State may by order amend or repeal any of paragraphs 3 to 5 and 11 of Schedule 7A to this Act.

(10) In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.

Textual Amendments

F173 Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1

124B Accounts. E+W

(1) It shall be the duty of each corporation—

(a) to keep proper accounts and proper records in relation to the accounts; and

(b) to prepare in respect of each financial year of the corporation a statement of accounts.

(2) The statement shall—

(a) give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and

(b) comply with any directions given by the higher education funding council as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(3) The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.

(4) The accounts (including any statement prepared under this section) shall be audited by persons appointed in respect of each financial year by the corporation.

(5) [F174 A corporation in England] shall consult, and take into account any advice given by, the Audit Commission for Local Authorities and the National Health Service in England F175 ... before appointing any auditor under subsection (4) above in respect of their first financial year.

[F176 (5A) A corporation in Wales shall consult, and take into account any advice given by, the Auditor General for Wales before appointing any auditor under subsection (4) above in respect of their first financial year.]

(6) No person shall be qualified to be appointed auditor under [F177 subsection (4) above] except—

(a) an individual, or firm, eligible for appointment as a [F178 statutory auditor under Part 42 of the Companies Act 2006];

(b) a member of the Chartered Institute of Public Finance and Accountancy; or

(c) a firm each of the members of which is a member of that institute.

(7) In this section, in relation to a corporation—

• “the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and

• “financial year” means that period and each successive period of twelve months.

Textual Amendments

F173 Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1

F174 Words in s. 124B(5) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 9(1)(2); S.I. 2005/558, art. 2, Sch. 1

F175 Words in s. 124B(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(f), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)

F176 S. 124B(5A) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 9(1)(3); S.I. 2005/558, art. 2, Sch. 1

F177 Words in s. 124B(6) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 9(1)(4); S.I. 2005/558, art. 2, Sch. 1

F178 Words in s. 124B(6)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(kk)(i) (with arts. 6, 11, 12)

Modifications etc. (not altering text)

C111 S. 124B(7): power to exclude conferred (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 78(2); S.I. 1992/831, art. 2, Sch. 1

124C Initial and transitional arrangements. E+W

(1) The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members.

(2) In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

(3) The following provisions apply where an instrument of government is made under section 124A of this Act for a higher education corporation with respect to which Schedule 7 to this Act has effect.

(4) The instrument shall apply, subject to subsection (5) below, as if the persons who, immediately before its coming into effect, were the members of the corporation had been appointed in accordance with the instrument for the residue of the term of their then subsisting appointment.

(5) Any local authority nominee, teacher nominee, general staff nominee or student nominee (within the meaning, in each case, of Schedule 7 to this Act) shall cease to hold office.

Textual Amendments

F173 Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1

124D Exercise of Powers by Privy Council. E+W

(1) This section applies in relation to the exercise of powers for the purposes of this Part of this Act.

(2) A power vested in the Privy Council may be exercised by any two or more of the lords and others of the Council.

(3) An act of the Privy Council shall be sufficiently signified by an instrument signed by the clerk of the Council.

(4) An order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council.

(5) An instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

Textual Amendments

F173 Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1

Modifications etc. (not altering text)

C112 S. 124D extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 76(7); S.I. 1992/831, art. 2, Sch. 1

125 Articles of government.] E+W

(1) Any institution conducted by a higher education corporation shall be conducted in accordance with articles of government, to be made by the corporation with the approval of [F179 the Privy Council].

(2) The articles of government—

(a) shall determine the functions to be exercised in relation to the institution by the board of governors of the institution, the principal of the institution and the academic board of the institution; and

(b) may regulate the constitution and functions of committees of the corporation and of the academic board of the institution and provide for the delegation of functions of the board of governors and the academic board to such committees, to the chairman of the corporation or to the principal.

(3) The articles of government shall also make provision with respect to the procedure for meetings of the board of governors, of the academic board and of committees of the corporation and the procedure in relation to the appointment of members of the corporation (including in either case quorum and proxies), and may make provision with respect to—

(a) procedures for the appointment, promotion, suspension and dismissal of staff;

(b) procedures for the admission, suspension and expulsion of students; and

(c) the appointment and functions of a clerk to the board of governors.

(4) The articles of government may also make provision authorising the board of governors to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws with respect to—

(a) the conduct of students and staff or either of them; and

(b) any such procedures as are mentioned in subsection (3)(a) or (b) above.

(5) Articles of government made under this section may be varied or revoked by subsequent articles made by the corporation with the approval of [F179 the Privy Council].

(6) [F179 The Privy Council] may by a direction under this section require higher education corporations, any class of such corporations specified in the direction or any particular higher education corporation so specified—

(a) to amend their articles of government; or

(b) to secure that any rules or bye-laws made in pursuance of their articles of government are amended by the board of governors;

in any manner so specified.

(7) Before giving a direction under this section, [F179 the Privy Council] shall consult the board of governors of the higher education corporation or (as the case may be) of each higher education corporation to which the direction applies.

Textual Amendments

F173 Ss. 124A-124D inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(1); S.I. 1992/831, art. 2, Sch. 1

F179 Words in s. 125(1)(5)-(7) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 71(2); S.I. 1992/831, art. 2, Sch. 1

[F180 125A Charitable status of a higher education corporation. E+W

A higher education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act).]

Textual Amendments

F180 S. 125A substituted (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 85; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

126 [F181 Transfer of property, etc., to higher education corporations.] E+W

(1) In the case of a higher education corporation established under section 121 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to the corporations so established.

(2) In the case of a higher education corporation established under section 122 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to that corporation.

(3) Subject to subsection (5) below and section 198 of this Act, on the transfer date applicable in relation to a higher education corporation the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, that corporation.

(4) The property, rights and liabilities referred to in subsection (3) above are—

(a) all land or other property which, immediately before that date, was property of any local education authority used or held for the purposes of the transferred institution; and

(b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.

(5) Subsection (3) above shall not apply to—

(a) rights and liabilities under any contract of employment;

(b) any liability of any such authority in respect of the principal of, or any interest on, any loan; or

(c) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.

(6) In this section “the transferred institution” means, in relation to any higher education corporation, the institution the corporation is established to conduct.

Textual Amendments

F181 S. 125A inserted (1.10.1998) by 1998 c. 30, s. 41(1); S.I. 1998/2215, art. 2

127 Transfer of staff to higher education corporations. E+W

(1) This section applies to any person who immediately before the transfer date applicable in relation to a higher education corporation—

(a) is employed by the transferor authority to work solely at the institution the corporation is established to conduct; or

(b) is employed by that authority to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.

(2) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the corporation.

(3) Without prejudice to subsection (2) above—

(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the transfer date; and

(b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.

(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(5) An order under this section may designate a person either individually or as a member of a class or description of employees.

(6) References in this section, in relation to a higher education corporation, to the transferor authority, are references to the local education authority by whom the institution that corporation is established to conduct is maintained immediately before the transfer date.

Modifications etc. (not altering text)

C113 S. 127 applied (with modifications) (1.9.1992) by S.I. 1992/1849, art.4.

C114 S. 127 applied (with modifications) (1.10.1992) by S.I. 1992/2151, art.4.

C115 S. 127 applied (with modifications) (1.3.1995) by S.I. 1995/183, art.4.

C116 S. 127 applied (with modifications) (1.8.1996) by S.I. 1996/1225, art.4.

S. 127 applied (with modifications) (1.8.2000) by S.I. 2000/1383, art. 3

S. 127 applied (with modificaitons) (1.8.2000) by S.I. 2000/355, art. 3

S. 127 applied (with modifications) (1.8.2001) by S.I. 2001/1340, art. 3

C117 S. 127 applied (with modifications) (1.8.2006) by Wimbledon School of Art Higher Education Corporation (Dissolution) Order 2006 (S.I. 2006/1746), arts. 1(1), 3

C118 S. 127 applied (with modifications) (1.8.2007) by The Cumbria Institute of the Arts Higher Education Corporation (Dissolution) Order 2007 (S.I. 2007/1848), arts. 1, 3

128 Dissolution of higher education corporations. E+W

(1) Subject to the following provisions of this section, the Secretary of State may by order provide for—

(a) the dissolution of any higher education corporation; and

(b) the transfer of property, rights and liabilities of the corporation to—

(i) any person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;

(ii) any body corporate established for purposes which include the provision of such facilities or services;

[F182 (iii) a higher education funding council]

[F183 (v) the learning and Skills Council for England or the [F184 National Assembly for Wales] .]

(2) An order under sub-paragraph (i) or (ii) of subsection (1)(b) above shall not provide for transferring the property, rights or liabilities of a higher education corporation to any person or body without the consent of that person or body; and where the recipient of a transfer under any order under subsection (1)(b) is not an educational charity any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(3) For the purposes of subsection (2) above, a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes.

(4) Before making an order under this section in respect of a higher education corporation the Secretary of State shall consult—

(a) the corporation; and

[F185 (b) the higher education funding council]

(5) In this section “charity” and “charitable purposes” have the same meanings as in [F186 the Charities Act 1993].

[F187 (6) An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.]

Textual Amendments

F182 S. 128(1)(b)(iii) substituted for s. 128(1)(b)(iii)(iv) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 34(a)(i); S.I. 1992/831, art. 2, Sch. 1.

F183 S. 128(1)(b)(v) substituted (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwise 1.4.2001) by 2000 c. 21, ss. 149, Sch. 9 para. 16 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F184 Words in s. 128(1)(b)(v) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 12 (with art. 7)

F185 S. 128(4)(b) substituted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 34(b); S.I. 1992/831, art. 2, Sch. 1.

F186 Words in s. 128(5) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6, para. 30

F187 S. 128(6) added (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 34(c); S.I. 1992/831, art. 2, Sch. 1.

Designation of certain institutions for funding by the Polytechnics and Colleges Funding Council, etc. E+W

129 Designation of institutions. E+W

F188 [(1) The Secretary of State may by order designate as an institution eligible to receive support from funds administered by a higher education funding council—

(a) any institution which appears to him to fall within subsection (2) below; and

(b) any institution which is, or is to be, conducted by a successor company to a higher education corporation.

F188 (2) An institution falls within this subsection if its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number]

F189 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of subsection (1)(b) above, a company is a successor company to a higher education corporation if-

(a) it is a company limited by a guarantee formed and registered under [F190 the Companies Act 2006];

(b) at the time when it was formed the persons participating in its formation were all members of a higher education corporation and constituted a majority of the members of that corporation;

(c) its objects—

(i) are exclusively charitable according to the law of England and Wales; and

(ii) include the conduct of the institution which was at that time conducted by that corporation;

(d) its [F191 articles of association] have been approved by the Secretary of State; and

(e) an order has been made under section 128 of this Act dissolving the corporation and transferring the property, rights and liabilities of the corporation to the company (whether or not that order has taken effect before the order under this section is made).

Textual Amendments

F188 S. 129(1)(2) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 72(1)(a); S.I. 1992/831, art. 2, Sch. 1

F189 S. 129(3)(4) repealed (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 72(1)(b), 93(2), Sch. 9; S.I. 1992/831, art. 2, Sch. 1

F190 Words in s. 129(5)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(2)(a) (with art. 10)

F191 Words in s. 129(5)(d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(2)(b) (with art. 10)

Modifications etc. (not altering text)

C119 S. 129 extended (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 74(2); S.I. 1992/831, art. 2, Sch.3.

[F192 129A Government and conduct of designated institutions. E+W

(1) This section has effect in relation to any designated institution, other than an institution conducted by a company.

(2) For each such institution there shall be—

(a) an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government); and

(b) an instrument in accordance with which the institution is to be conducted (to be known as the articles of government),

each of which meets the requirements of subsection (3) below.

(3) Those requirements are that the instrument—

(a) was in force when the designation took effect; or

(b) is made in pursuance of a power under a regulatory instrument, or is made under subsection (5) below,

and is approved for the purposes of this section by the Privy Council.

(4) In this section “regulatory instrument”, in relation to an institution, means any instrument of government or articles of government and any other instrument relating to or regulating the institution.

(5) Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the body of persons responsible for the management of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.

(6) If an instrument approved by the Privy Council for the purposes of this section—

(a) falls within subsection (3)(a) above or was made in pursuance of a power under a regulatory instrument and, apart from this section, there is no power to modify it; or

(b) was made by the body of persons responsible for the management of the institution,

the instrument may be modified by those persons.

(7) Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council’s consent.

(8) Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult—

(a) the governing body of the institution, and

(b) where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,

so far as it appears to them to be practicable to do so.

(9) Nothing in this section requires further approval for any instrument approved by the Secretary of State for the purposes of section 156 of this Act, and references in this section to instruments approved by the Privy Council for the purposes of this section include instruments so approved by the Secretary of State.

(10) In this section and section 129B “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect but does not include any institution established by Royal Charter.]

Textual Amendments

F192 Ss. 129A, 129B inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 73(1); S.I. 1992/831, art. 2, Sch.1.

129B F193 Designated institutions conducted by companies. E+W

(1) This section has effect in relation to any designated institution conducted by a company.

(2) The articles of association of the company shall incorporate—

(a) provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution); and

(b) provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

(3) The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—

(a) the [F194 articles of association] of the company; or

(b) any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as they may specify in the direction.

(4) No amendment of the [F195 articles of association] of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Privy Council for their approval and they have notified their approval to the company.

(5) Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.

Textual Amendments

F193 Ss. 129A, 129B inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 73(1); S.I. 1992/831, art. 2, Sch.1.

F194 Words in s. 129B(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(3) (with art. 10)

F195 Words in s. 129B(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(3) (with art. 10)

130 Transfer of property, etc., to certain designated institutions. E+W

(1) This section applies to an institution designated under section 129 of this Act in any case where—

(a) the order designating the institution under that section so provides; and

(b) immediately before the date on which the designation takes effect (referred to below in this section, in relation to such an institution, as the designation date) the institution is an institution assisted by a local education authority (referred to below in this section as the former assisting authority).

(2) Subject to subsection (4) below and section 198 of this Act, on the designation date in relation to any institution to which this section applies the property, rights and liabilities mentioned in subsection (3) below shall be transferred to, and by virtue of this Act vest in, the appropriate transferee.

(3) The property, rights and liabilities referred to in subsection (2) above are—

(a) all land or other property which, immediately before that date, was property of the former assisting authority used or held for the purposes of that institution; and

(b) all rights and liabilities of that authority subsisting immediately before that date which were acquired or incurred for those purposes.

(4) Subsection (2) above shall not apply to—

(a) any liability of the former assisting authority in respect of the principal of, or any interest on, any loan; or

(b) any liability of that authority in respect of compensation for premature retirement of any person formerly employed by them.

(5) In subsection (2) above, “the appropriate transferee” means—

(a) in relation to an institution conducted by a body corporate, that body; and

(b) in relation to an institution not so conducted, any persons specified in the order designating the institution as persons appearing to the Secretary of State to be trustees holding property for the purposes of that institution.

(6) Subject to subsection (7) below, where any persons so specified are the appropriate transferee for the purposes of subsection (2) above—

(a) any land or other property or rights transferred to them under this section shall be held by them on the trusts applicable under such trust deed relating to or regulating that institution (if any) as may be so specified or, if no such trust deed is so specified, on trust for the purposes of the institution; and

(b) they shall incur no personal liability by virtue of any liability so transferred, but may apply any property held by them on trust for the purposes of the institution in meeting any such liability.

(7) Subsection (6)(a) above shall not apply in relation to any land or other property or rights which immediately before the designation date in relation to the institution concerned were vested in the former assisting authority as trustees for any particular purposes or (as the case may be) for the general purposes of the institution.

(8) In this Act, “transfer date” means, in relation to an institution to which this section applies, the designation date in relation to that institution.

New arrangements for funding higher education E+W+S

F196 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F196 S. 131 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 35, Sch.9; S.I. 1992/831, art. 2, Sch.3.

F197 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F197 S. 132 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 35, Sch.9; S.I. 1992/831, art. 2, Sch.3.

133 Payments by Polytechnics and Colleges Funding Council in respect of persons employed in the provision of higher or further education. E+W

[F198 (1) A higher education funding council shall have power to make payments, subject to such terms and conditions as the council think fit, to—

(a) any local education authority in their area;

(b) the London Residuary Body;

(c) the London Pensions Fund Authority; and

(d) the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.]

(2) In subsection (1) above “relevant expenditure” means—

(a) in relation to a local education authority [F199 the London Residuary Body or the London Pensions Fund Authority], expenditure in making payments to or in respect of persons employed or formerly employed at an institution which provides or (in the case of an institution which has ceased to exist since the employment in question came to an end) formerly provided higher education or further education (or both); and

(b) in relation to the governing body of any institution so designated, expenditure in making payments to or in respect of persons employed or formerly employed at the institution.

(3) The reference in subsection (2)(a) above to higher education or further education (or both) shall be read, in the case of an institution which ceased to exist before the date on which section 120 of this Act comes into force, as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect immediately before that date [F200 and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date].

(4) Each of the following, that is to say—

(a) a local education authority;

[F201 (aa) the London Residuary Body;

F201 (ab) the London Pensions Fund Authority; and]

(b) the governing body of any institution so designated;

shall give the Council such information as the Council may require for the purposes of the exercise of their power under subsection (1) above.

Textual Amendments

F198 S. 133(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 67(1); S.I. 1992/831, art. 2, Sch.3.

F199 Words in s. 133(2)(a) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(2); S.I. 1992/831, art. 2, Sch. 1.

F200 Words in s. 133(3) added (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(3); S.I. 1992/831, art. 2, Sch. 1.

F201 S. 133(4)(aa)(ab) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 67(4); S.I. 1992/831, art. 2, Sch. 1.

Modifications etc. (not altering text)

C120 S. 133 amended(retrospectively) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 67(5); S.I. 1992/831, art. 2, Sch. 1.

S. 133 modified (1.4.1993) by S.I. 1993/563, art. 2(b)(i), Sch.1

F202 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F202 S. 134 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 35, Sch.9; S.I. 1992/831, art. 2, Sch.3.

Supplementary E+W

F203 135 Inspection of accounts. E+W

(1) The accounts of—

(a) any university;

(b) any higher education corporation; or

[F204 (c) any designated institution within the meaning of section 129A of this Act]

shall be open to the inspection of the Comptroller and Auditor General.

(2) In the case of any higher education corporation or of any such institution as is mentioned in subsection (1)(a) or (c) above—

(a) the power conferred by subsection (1) above; and

(b) the powers under sections 6 and 8 of the M4 National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act;

shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which [F205 financial support has been given to them under section 65 of the Further and Higher Education Act 1992.]

Textual Amendments

F203 S. 135(2) modified by S.I. 1993/563 art. 2(b)(i), Sch.1 as amended (19.4.1993) by 1993/870, art.2

F204 S. 135(1)(c) substituted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 36(a); S.I. 1992/831, art. 2, Sch. 1.

F205 Words in s. 135(2) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 36(b); S.I. 1992/831, art. 2, Sch.3.

Marginal Citations

M4 1983 c. 44.

F206 136 Transfer to Polytechnics and Colleges Funding Council of property and staff of NAB. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206 S. 136 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F207 137 Control of disposals of land. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F207 S. 137 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

138 Construction of references to land held for the purposes of an institution. E+W

(1) This section applies for the purpose of the construction of the following provisions of this Act—

(a) section 126(4)(a);

(b) section 130(3)(a); F208 ...

F208 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where at any time any land is used for the purposes of an institution to which any of those provisions applies, any interest of a local education authority in that land subsisting at that time shall be taken for the purposes of that provision to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).

Textual Amendments

F208 S. 138(1)(c) and preceding word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

F209 Chapter III E+W

Textual Amendments

F209 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Further and higher education funding schemes E+W

F210 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F210 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F211 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F211 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F212 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F212 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F213 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F213 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F214 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F214 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F215 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F215 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F216 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F216 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F217 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F217 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F218 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F218 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Appointment and dismissal of staff during financial delegation E+W

F219 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F219 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F220 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F220 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Withdrawal of delegated powers E+W

F221 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F221 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Government and conduct of maintained further and higher education institutions E+W

F222 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F222 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F223 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F223 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Government of designated assisted institutions E+W

F224 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F224 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Miscellaneous and supplementary E+W

F225 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F225 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F226 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F226 Pt. II Ch. III (ss. 139-155) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), ss. 85(1), 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Chapter IV E+W Miscellaneous and Supplementary

F227 156 Government and conduct of certain further and higher education institutions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227 S. 156 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(2), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Modifications etc. (not altering text)

C121 S. 156: by Further and Higher Education Act 1992 (c. 13), s. 85(1); S.I. 1992/831, art. 2, Sch.3, it is provided (1. 4. 1993) that s. 156 shall cease to have effect in relation to designated assisted institutions.

157 Variation of trust deeds, etc. E+W

[F228 (1) An order of the Privy Council may modify any trust deed or other instrument—

(a) relating to or regulating any such institution as is mentioned in subsection (2) below; or

(b) relating to any land or other property held by any person for the purposes of any such institution.

F228 (2) The institutions referred to in subsection (1) above are—

(a) any institution conducted by a higher education corporation; and

(b) any institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect, other than an institution established by Royal Charter.

F228 (3) Before making any modifications under subsection (1) above of any trust deed or other instrument the Privy Council shall so far as it appears to them to be practicable to do so consult—

(a) the governing body of the institution;

(b) where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons; and

(c) where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.]

(4) Any provision of any instrument relating to any land or other property held for the purposes of any institution maintained F229 . . . by a local education authority to which this subsection applies which—

(a) confers on any person an option to acquire an interest in that land or other property; or

(b) provides (in whatever terms) for the determination or forfeiture of any such interest;

in the event of the institution’s ceasing to be maintained F229 . . . by a local education authority or (as the case may be) by the authority in question shall, if the institution becomes [F230 an institution within the further education sector] an institution within [F231 the higher education sector] or a grant-aided institution, have effect as if the event referred to were the institution’s ceasing to be a publicly funded institution.

(5) Subsection (4) above applies—

(a) to an institution maintained by a local education authority if it is an institution providing full-time education which is maintained by the authority in exercise of their further or higher education functions; and

F232 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In that subsection “publicly funded institution” means an institution which is an institution of any one or more of the following descriptions, that is to say—

(a) an institution maintained or assisted by a local education authority;

(b) [F233 an institution within the further education sector or]an institution within [F234 the higher education sector]; and

(c) a grant-aided institution.

Textual Amendments

F228 S. 157(1)-(3) substituted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 75; S.I. 1992/831, art. 2, Sch. 1.

F229 Words in s. 157(4) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 39(a)(i), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F230 Words in s. 157(4) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 39(a)(ii); S.I. 1992/831, art. 2, Sch.3.

F231 Words in s. 157(4) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 39(a)(iii); S.I. 1992/831, art. 2, Sch.3.

F232 S. 157(5)(b) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 39(b), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F233 Words in s. 157(6)(b) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 39(c)(i); S.I. 1992/831, art. 2, Sch.3.

F234 Words in s. 157(6)(b) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 39(c)(ii); S.I. 1992/831, art. 2, Sch.3.

158 Reports and returns to Secretary of State. E+W

(1) The persons mentioned in subsection (2) below shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purposes of the exercise of any of his functions in relation to education.

(2) Those persons are—

(a) the governing body of—

F235 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) any institution providing full-time education which is maintained by a local education authority in exercise of their further or higher education functions; or

F235 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F235 S. 158(2)(a)(i)(iii)(b) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 40, Sch.9; S.I. 1992/831, art. 2, Sch.3.

159 Information with respect to educational provision in institutions providing further or higher education. E+W

(1) The Secretary of State may make regulations requiring every local education authority to publish, in relation to each relevant institution maintained or assisted by the authority, such information with respect to the matters mentioned in subsection (3) below as may be prescribed.

(2) For the purposes of this section, an institution is a relevant institution in relation to a local education authority if it is either—

(a) an institution providing full-time education which is maintained by that authority in exercise of their further or higher education functions; or

F236 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The matters referred to in subsection (1) above are—

(a) the educational provision made by the institution for students at the institution; and

(b) the educational achievements of students at the institution (including the results of examinations, tests and other assessments of those students).

(4) The information shall be published in such form and manner and at such times as may be prescribed; and the regulations may provide for a local education authority to make arrangements with the governing body of any relevant institution for the publication by that governing body of the information required to be published in accordance with the regulations in the case of that institution.

Textual Amendments

F236 S. 159(2)(b) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 41, Sch.9; S.I. 1992/831, art. 2, Sch.3.

160 Adjustments of block grant in respect of expenditure on advanced further education. E+W

[F237 (1) The block grant payable to a local authority in England for any year beginning on or after the date appointed for the purposes of section 126(1) of this Act shall not be subject to adjustment in accordance with paragraph 6 of Schedule 10 to the M5 Local Government, Planning and Land Act 1980 (which relates to adjustments of block grant in respect of expenditure on advanced further education as between local authorities).

(2) In relation to any expenditure incurred by such an authority on or after that date in the exercise of the authority’s functions as a local education authority, sub-paragraphs (3)(a) and (5)(b) of paragraph 5 of that Schedule (which define certain expenditure for the purposes of that paragraph) shall each have effect as if the words “other than that to which paragraph 6 below applies" were omitted.

(3) On that date Part I of that Schedule (which relates to adjustments of block grant in respect of expenditure on advanced further education as between England and Wales) shall cease to have effect.

(4) Anything done by the Secretary of State before the passing of this Act for the purpose of making in the block grant payable to a local authority in England adjustments under paragraph 5 or 6 of that Schedule in respect of expenditure incurred in the years beginning in 1985, 1986 and 1987 by local authorities in England in connection with further education of an advanced character (including the training of teachers) shall be deemed to have been done in accordance with that paragraph.

(5) In this section—

• “local authority” means a body which is a local authority for the purposes of Part VI of that Act; and

• “year” has the same meaning as in that Part.]

Textual Amendments

F237 S. 160 repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Marginal Citations

M5 1980 c. 65.

161 Interpretation of Part II. E+W

(1) In this Part of this Act, except where the context otherwise requires—

(a) references to courses of advanced further education shall be read in accordance with section 121(4);

[F238 (b) references to the further or higher education functions of a local education authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);]

F239 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) “governing body” includes, in relation to any institution, a board of governors of the institution or any persons responsible for the management of the institution (but not formally constituted as such a body or board).

(2) References in this Part of this Act to the total full-time equivalent enrolment number of any institution at any time are references to the aggregate of its full-time equivalent enrolment numbers at that time for courses of all descriptions then offered by that institution.

(3) For the purposes of this Part of this Act the full-time equivalent enrolment number at any time of any institution for courses of any description shall be determined in accordance with Schedule 9 to this Act.

Textual Amendments

F238 S. 161(1)(b) substituted (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 17; S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

F239 S. 161(1)(c) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 42, Sch.9; S.I. 1992/831, art. 2, Sch.3.

Part III E+W Education in Inner London

Reorganisation of provision of education in inner London E+W

F240 162 Abolition of ILEA. E+W

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Textual Amendments

F240 S. 162 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

163 New local education authorities for areas in inner London. E+W

(1) On the abolition date each inner London council shall become the local education authority for its area, and references to a local education authority in [F241 the Education Act 1996] or in any other enactment shall be construed accordingly.

(2) In this Part, “inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London.

Textual Amendments

F241 Words in s. 163(1) substituted (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para.72 (with ss. 1(4), 561, 562, Sch. 39).

F242 164 Extension of functions of London Residuary Body. E+W

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Textual Amendments

F242 S. 164 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

Disposal of functions and property of ILEA E+W

F243 165 Development plans for education. E+W

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Textual Amendments

F243 S. 165 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F244 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F244 Ss. 166-167 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F245 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F245 Ss. 166-167 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

168 Transfers of property, rights and liabilities. E+W

(1) The Secretary of State may by an order or orders made at any time before the abolition date provide for the transfer to each inner London council of—

(a) such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, need to be so transferred for the purpose of enabling that council properly to perform its LEA functions; and

(b) such of the rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, it is appropriate to transfer to that council for the purposes of or in connection with the exercise by that council by virtue of section 166 of this Act of functions in relation to, or in relation to registered pupils at, any grant-maintained school which were formerly exercisable by ILEA.

(2) The Secretary of State may by such an order or orders provide for the transfer to any local authority other than an inner London council of such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as do not in his opinion fall to be transferred to such a council by virtue of subsection (1) above.

(3) Any transfer for which provision is made by order under this section may be on such terms, including financial terms, as the Secretary of State thinks fit and the Secretary of State may by order create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient.

(4) The Secretary of State may by order confer on any inner London council or local authority to which property is transferred by or under the order any statutory functions which before the abolition date were exercisable in relation to that property by ILEA.

(5) In this section “excepted rights and liabilities” means rights and liabilities arising under contracts of employment between ILEA and its employees.

F246 169 Approval of management structure and senior appointments in initial period. E+W

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Textual Amendments

F246 S. 169 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

Staff E+W

170 Establishment and functions of staff commission. E+W

(1) The Secretary of State shall establish a staff commission for the purpose of—

(a) advising the Secretary of State on the steps necessary to safeguard the interests of the staff employed by relevant authorities so far as affected by any provision made by or under this Part;

(b) considering and keeping under review—

(i) the arrangements for the recruitment of staff by those authorities in consequence of any such provision; and

(ii) the arrangements for any transfer of the staff of those authorities in consequence of any such provision; and

(c) considering such staffing problems arising in consequence of, and such other matters relating to staff of any body affected by, any such provision as may be referred to the commission by the Secretary of State.

(2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to—

(a) the implementation of any advice given by the commission; and

(b) the payment by a relevant authority of any expenses incurred by the commission in doing anything requested by the authority;

and it shall be the duty of the commission and of a relevant authority to comply with any direction given to it under this subsection.

(3) Any expenses incurred by the staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State.

(4) The relevant authorities for the purposes of this section are—

(a) ILEA and the inner London councils;

(b) the London Residuary Body; and

(c) any local authority other than an inner London council to which functions or property of ILEA will be or have been transferred by order under section 168 of this Act.

F247 171 Remuneration of employees. E+W

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Textual Amendments

F247 S. 171 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

172 Power to transfer staff. E+W

(1) This section applies to any person who—

(a) immediately before the abolition date is in the service of ILEA under a contract of employment which would have continued but for the abolition of ILEA; and

(b) is designated for the purposes of this section by an order made by the Secretary of State.

(2) The contract of employment between a person to whom this section applies and ILEA shall not be terminated by the abolition of ILEA but shall have effect as from the abolition date as if originally made between him and such successor authority (“the new employer”) as may be specified in relation to that person by the order designating him for the purposes of this section.

(3) Without prejudice to subsection (2) above—

(a) all ILEA’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred on the abolition date to the new employer; and

(b) anything done before that date by or in relation to ILEA in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(5) An order under this section may designate a person either individually or as a member of a class or description of employees.

(6) In this section “successor authority” means—

(a) an inner London council;

(b) the London Residuary Body; and

(c) any local authority other than an inner London council to which functions or property of ILEA are transferred by order under section 168 of this Act.

173 Compensation for loss of employment or loss or diminution of emoluments. E+W

(1) This section applies to any person who suffers loss of employment or loss or diminution of emoluments which—

(a) is attributable to any provision made by or under this Part; and

(b) occurs in the circumstances mentioned in subsection (2) below.

(2) Those circumstances are—

(a) in the case of loss of employment, the employment in question is employment with ILEA or the London Residuary Body and the loss is suffered on or after the abolition date; and

(b) in the case of loss or diminution of emoluments, the loss or diminution arises from the termination of the employment of the person concerned with ILEA or that Body and is suffered on or after such date as may be specified in regulations made for the purposes of this section under section 24 of the M6 Superannuation Act 1972 (“compensation regulations”).

(3) Compensation in respect of any such loss or diminution suffered by a person to whom this section applies shall, subject to subsection (4) below, be paid only in accordance with compensation regulations; and accordingly neither ILEA nor the London Residuary Body shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

(4) Subsection (3) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 21st November 1987.

(5) Compensation regulations shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination on or before the abolition date of a contract made after 17th February 1988 which provides for the employment of that person for a fixed term extending beyond the abolition date.

F248 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F249 . . ., nothing in this section shall be construed as affecting any entitlement to F249 . . .any payment by virtue of any provision of the Act of 1972 mentioned above other than section 24.

Textual Amendments

F248 S. 173(6) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202).

F249 Words in s. 173(7) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202).

Marginal Citations

M6 1972 c. 11.

174 Continuity of employment in certain cases of voluntary transfer. E+W

(1) This section applies to a person who at any time on or after such date as may be specified by order made by the Secretary of State ceases to be employed by ILEA or the London Residuary Body (his “former employer”) if—

(a) the termination of his employment is attributable to any provision made by or under this Part;

(b) he is subsequently employed by another person (his “new employer”); and

(c) by virtue of section 84, 94 or 95 of the M7 Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.

(2) Where this section applies to a person [F250 Chapter I of Part XIV of the Employment Rights Act 1996] (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—

(a) the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

(b) the change of employer shall not break the continuity of the period of employment.

(3) Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

Textual Amendments

F250 Words in s. 174(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(2).

Marginal Citations

M7 1978 c. 44.

F251 175 Offers of employment by inner London councils. E+W

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Textual Amendments

F251 Ss. 175-178 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

Functions of London Residuary Body E+W

F251 176 Provision of services and facilities by London Residuary Body. E+W

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Textual Amendments

F251 Ss. 175-178 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F251 177 Repayment by London Residuary Body of loans to ILEA. E+W

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Textual Amendments

F251 Ss. 175-178 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F251 178 Liability of London Residuary Body for redundancy and compensation payments. E+W

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Textual Amendments

F251 Ss. 175-178 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

179 Payment of pensions and pensions increase by London Residuary Body. E+W

(1) All liabilities of ILEA in respect of pensions payable by it shall on the abolition date become liabilities of the London Residuary Body.

(2) The reference in subsection (1) above to pensions includes a reference to allowances, grants or other benefits in respect of past service, death, injury or disease (whether of the pensioner or another person) and any such compensation as is mentioned in section 8(1)(b) or (c) of the M8 Pensions (Increase) Act 1971.

(3) At the end of Part II of Schedule 2 to that Act (pensions payable out of local funds) there shall be inserted—

“64C A pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.”

(4) In paragraph 1(5) of Schedule 3 to that Act (cases where increase of pension is to be reimbursed by the last employing authority) after “64B” there shall be inserted the words “and 64C”.

(5) The London Residuary Body shall pay—

(a) any increase which by virtue of regulations under section 5(2) of that Act would have been payable on or after the abolition date by ILEA; and

(b) any payment which is analogous to a pensions increase and would have been payable on or after that date by ILEA by virtue of regulations under section 13(3) of that Act.

Modifications etc. (not altering text)

C122 S. 179: functions, rights and liabilities of the London Residuary Body transferred to the London Pension Fund Authority (1. 4. 1992) by S.I. 1992/331, arts. 1(1), 2(1)(e)(4), 3, 7

Marginal Citations

M8 1971 c. 56.

180 Custody of residuary property, etc. E+W

(1) On the abolition date all residuary property, rights and liabilities of ILEA shall vest in the London Residuary Body.

(2) In subsection (1) above “residuary property, rights and liabilities” means—

(a) any property for the vesting of which provision is not otherwise made by or under this Part; and

(b) subject to subsection (3) below, any rights and liabilities which are not transferred, extinguished or otherwise dealt with by any provision so made.

(3) This section shall not be construed—

(a) as continuing in force any contract of employment made by ILEA; or

(b) as imposing any liability on the London Residuary Body in respect of the termination of any such contract by the abolition of ILEA;

but the rights and liabilities to which this section applies shall include any rights and liabilities attributable to anything done or omitted under or in respect of such a contract before the abolition date except any liability to make a payment prohibited by section 173(3) of this Act.

(4) The Secretary of State may by order confer on the London Residuary Body any statutory functions which before the abolition date were exercisable by ILEA in relation to any property, rights or liabilities which are vested in that body by this section.

(5) Without prejudice to section 232(5) of this Act, the provision that may be made by an order under subsection (4) above includes provision amending any enactment or any instrument made under any enactment.

181 Power of London Residuary Body to pay compensation. E+W

(1) The London Residuary Body may pay compensation—

(a) to any former officer of ILEA who sustained an injury in the course of his employment with ILEA; or

(b) to the widow or widower or child of any former officer of ILEA who, in the course of his employment with ILEA, died or sustained an injury resulting in death.

(2) Subsection (1) above applies irrespective of whether the employment with ILEA of the officer in question came to an end on or before the abolition date.

(3) The London Residuary Body may pay compensation to any person in respect of loss suffered by him in consequence of any damage to property in respect of which it appears to them that a claim might have been brought against ILEA had ILEA not been abolished.

(4) Any compensation payable under this section may be paid either—

(a) by way of a lump sum; or

(b) by way of periodical payments of such amounts and payable at such times and for such periods as the London Residuary Body may from time to time determine having regard to all the circumstances of the case.

(5) The payment of compensation under this section shall not affect any right or claim to damages or compensation which—

(a) any such officer as is mentioned in subsection (1)(a) or (b) above or his widow or widower or child; or

(b) any such person as is mentioned in subsection (3) above;

may have against any person other than the London Residuary Body or, except so far as may be agreed when the compensation is granted, against the London Residuary Body by virtue of section 180 of this Act.

Modifications etc. (not altering text)

C123 S. 181: functions, rights and liabilities of the London Residuary Body transferred to the London Pensions Fund Authority (1. 4. 1992) by S.I. 1992/331, arts. 1(1), 2(1)(f)(4), 3, 7

F252 182 Preparation of ILEA’s final accounts. E+W

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Textual Amendments

F252 Ss. 182-184 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F252 183 Directions of Secretary of State. E+W

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Textual Amendments

F252 Ss. 182-184 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

Financial provisions and winding up of London Residuary Body E+W

F252 184 Preparatory expenditure of inner London councils. E+W

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Textual Amendments

F252 Ss. 182-184 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

185 London Residuary Body: financial provisions. E+W

(1) The London Residuary Body may in respect of any financial year beginning on or after the abolition date make levies on the rating authorities in inner London to meet all liabilities falling by virtue of this Part to be discharged by it for which provision is not otherwise made.

(2) The amount to be levied by that body in respect of any financial year from each such authority shall be determined by apportioning the total amount to be levied by that body under this section in respect of that year between those authorities in proportion to the population of their respective areas.

(3) For the purposes of subsection (2) above the population of any area shall be taken to be—

(a) in relation to any financial year in respect of which the London Residuary Body makes any levy under section 74 of the 1985 Act, the number applicable by virtue of subsection (2) of that section; and

(b) in relation to any other financial year, the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time direct.

(4) In section 74 of the 1985 Act, as it applies in relation to the London Residuary Body—

(a) subsection (1) shall not apply in relation to liabilities of that body to which subsection (1) above applies; and

(b) the reference in subsection (2) to the total amount to be levied by that body in respect of any financial year shall not include any amount to be so levied by virtue of this section;

but subsections (3) to (5) of that section (procedure for the levy and application of enactments relating to precepts and rates) shall apply in relation to a levy under this section as they apply in relation to a levy under that section.

(5) A demand issued under subsection (3) of that section to a rating authority in inner London relating to a payment or payments in respect of a levy under that section may relate also to a payment or payments in respect of a levy under this section, but if it does so shall state separately the payment or payments required in respect of each levy.

(6) Without prejudice to the borrowing powers of the London Residuary Body by virtue of section 75 of the 1985 Act but subject to subsection (7) below, that body may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of defraying any expenses incurred by it before the abolition date which are attributable to any provision made by or under this Part.

(7) The sums borrowed by that body under subsection (6) above—

(a) shall not exceed such amount as the Secretary of State may determine; and

(b) shall be repaid before the end of the financial year beginning with the abolition date.

(8) Section 77 of the 1985 Act (treatment and distribution of capital and other money) shall apply in relation to capital money received by the London Residuary Body of any description specified for the purposes of this section by an order made by the Secretary of State as if—

(a) subsection (2) were omitted and any reference to an authority or authorities to which subsection (1) of that section applies were a reference to a [F253 charging authority] or (as the case may be) the [F253 charging authorities] in inner London; and

(b) the references in subsection (4) of that section to the area for which that body is established and to a levy were respectively references to inner London and to a levy under this section.

(9) Except as provided by subsection (8) above section 77 shall not apply in relation to capital money of a description within that subsection.

(10) The Secretary of State may by order provide, in relation to capital money received by the London Residuary Body of any description not within subsection (8) above, for the application of that money, or of such part of that money as may be specified in the order, for such purposes connected with the abolition of ILEA as may be so specified.

(11) In this section—

(a) references to inner London are references to the area comprising the areas of all the inner London councils; and

(b) “capital money” has the same meaning as in section 77 of the 1985 Act.

Textual Amendments

F253 Words substituted by S.I. 1990/268, art. 2(1), Sch.

F254 186 Transitional functions of London Residuary Body in respect of block grant. E+W

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Textual Amendments

F254 S. 186 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

187 Winding-up of London Residuary Body. E+W

(1) Except as respects any of its functions under this Part for the discharge of which provision will be or is likely to be required after the end of the period of three years beginning with the abolition date, it shall be the duty of the London Residuary Body to use its best endeavours to secure that its work under this Part is completed as soon as practicable and in any event before the end of that period.

(2) As respects—

(a) any such functions; and

(b) any property, rights and liabilities transferred to it, or held, acquired or incurred by it by virtue of, or in the exercise of any of its functions under, this Part;

that body shall if it considers it appropriate to do so make such arrangements as are practicable for their transfer to a local authority or to some other body or bodies or submit proposals to the Secretary of State for effecting such transfers by orders made by him for the purpose.

(3) Any such arrangements or proposals shall be made or (as the case may be) submitted, so far as practicable, before the end of the period of two years beginning with the abolition date.

(4) Not later than the end of that period of two years, the London Residuary Body shall submit to the Secretary of State a scheme for the winding up of that body and the disposal of its remaining functions, property, rights and liabilities so far as not dealt with in pursuance of subsection (2) above.

(5) The Secretary of State may by order provide—

(a) for any such transfer or disposal as is mentioned in subsection (2) above; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under subsection (4) above.

(6) The power under subsection (5)(a) above applies irrespective of whether or not the London Residuary Body has submitted proposals with respect to the transfer or disposal in question and, if it has, whether the provision made is in accordance with those proposals or not.

(7) Without prejudice to the generality of the power under subsection (5) above and to section 232(5) of this Act, the provision that may be made by an order under subsection (5) above includes provision—

(a) amending any enactment or any instrument made under an enactment; or

(b) establishing new bodies corporate to receive any functions, property, rights or liabilities transferred by the order.

Control of ILEA’s contracts and disposals E+W

F255 188 Control of contracts. E+W

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Textual Amendments

F255 Ss. 188-191 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F255 189 Control of disposals. E+W

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Textual Amendments

F255 Ss. 188-191 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F255 190 Wrongful contracts or disposals. E+W

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Textual Amendments

F255 Ss. 188-191 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F255 191 Penalties for contravention of section 188 or 189. E+W

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Textual Amendments

F255 Ss. 188-191 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

Miscellaneous and supplementary E+W

192 Charities. E+W

(1) Where immediately before the abolition date—

(a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and

(b) the charity is primarily for the benefit of the area of a single inner London council;

that property shall on that date vest for the like purposes in that council.

(2) Where immediately before that date any power with respect to any such charity as is mentioned in subsection (1)(b) above was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in, or in the holder of the corresponding office connected with, the inner London council concerned.

(3) Where in the case of any such power vested in the holder of any office connected with ILEA there is no corresponding office connected with the inner London council concerned, that power shall on that date vest in the holder of such other office connected with that council as the Charity Commissioners may with the consent of that council and the office-holder concerned appoint.

(4) Where immediately before that date—

(a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and

(b) subsection (1) above does not apply to that property;

that property shall on that date vest for the like purposes in the London Residuary Body or in such other person as the Charity Commissioners may appoint.

(5) Where immediately before that date any power with respect to any charity, other than any such charity as is mentioned in subsection (1)(b) above, was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in the London Residuary Body or in such other person as the Charity Commissioners may appoint.

(6) References above in this section to a power with respect to a charity shall not include references to any power of any person by virtue of being a charity trustee of that charity; but where under the trusts of any charity the charity trustees immediately before the abolition date included ILEA or the holder of an office connected with ILEA then, as from that date, those trustees shall instead include—

(a) such of the inner London councils;

(b) the holder of such office connected with such of those councils; or

(c) such other person;

as the Charity Commissioners may appoint.

(7) If in any case an appointment is not made by the Charity Commissioners for the purposes of any of subsections (3) to (6) above before the abolition date, the London Residuary Body shall be treated as having been so appointed pending the making of such an appointment by those Commissioners; but an appointment made by those Commissioners after the abolition date must be made before the end of the period of two years beginning with that date.

(8) References in subsections (2), (5) and (6) above to a charity shall not include a charity which is a company [F256 as defined in section 1(1) of the Companies Act 2006] or incorporated by charter.

(9) For the purposes of this section, a charity is a charity primarily for the benefit of the area of a single inner London council if the charity is established for purposes which are by their nature or by the trusts of the charity directed wholly or mainly to the benefit of an area which falls wholly or mainly within that council’s area.

(10) Nothing in this section shall affect the power of Her Majesty, the court or any other person to alter the trusts of any charity.

(11) In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meanings as in [F257 the Charities Act 1993].

Textual Amendments

F256 Words in s. 192(8) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 96(5) (with art. 10)

F257 Words in s. 192(11) substituted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6, para.30

F258 193 Information and access to documents. E+W

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Textual Amendments

F258 S. 193 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F259 194 Concurrent employment. E+W

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Textual Amendments

F259 S. 194 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

195 Continuity of exercise of functions. E+W

(1) The abolition of ILEA shall not affect the validity of anything done by ILEA before the abolition date.

(2) Anything which at that date is in process of being done by or in relation to ILEA in the exercise of or in connection with any statutory functions which by virtue of any provision made by or under this Part become functions of the inner London councils in respect of their respective areas or (as the case may be) of some other local authority or of the London Residuary Body may be continued by or in relation to the successor authority.

(3) References in this section, in relation to any statutory functions, to the successor authority are references to the inner London council or other local authority or body by which those functions become exercisable or (as the case may be) become exercisable in respect of the area in question.

(4) Any instrument made by ILEA in exercise of or in connection with any functions to which subsection (2) above applies, and any other thing done by or in relation to ILEA before the abolition date in exercise of or in connection with any such functions shall, so far as required for continuing its effect on and after that date, have effect as if made by, or done by or in relation to, the successor authority.

(5) Any reference above in this section to any instrument made by, or to any other thing done by or in relation to, ILEA includes a reference to any instrument or other thing which by virtue of any enactment is treated as having been made by, or done by or in relation to, ILEA.

(6) So far as is required for giving effect to the preceding provisions of this section—

(a) any reference in any document to ILEA shall be construed as a reference to the successor authority; and

(b) any reference in any document to ILEA’s area (whether as the Inner London Education Area or otherwise), or to any part of that area comprising the successor authority’s area, shall be construed as a reference to the successor authority’s area.

(7) For the purposes of subsection (6)(b) above, the London Residuary Body’s area shall be taken to be the area comprising the areas of all the inner London councils.

(8) Any question under this section as to which is the successor authority in respect of any particular functions may be determined by a direction given by the Secretary of State.

(9) The preceding provisions of this section—

(a) are without prejudice to any provision made by this Part in relation to any particular functions; and

(b) shall not be construed as continuing in force any contract of employment made by ILEA.

(10) The Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the preceding provisions of this section or make such other transitional provision as he thinks necessary or expedient.

Modifications etc. (not altering text)

C124 S. 195(2), (4)–(8) modified by S.I. 1990/124, art. 12(2)

196 Interpretation of Part III. E+W

(1) In this Part—

• “the 1985 Act” has the meaning given by section 164(3);

• “the abolition date” has the meaning given by section 162(2);

• “ILEA” has the meaning given by section 162(1)(a);

• “inner London council” has the meaning given by section 163(2); and

• “statutory functions” means functions conferred or imposed by an enactment or a statutory instrument.

(2) References in this Part, in relation to an inner London council, to its LEA functions shall be read in accordance with section 165(1)(a).

Part IV U.K. Miscellaneous and General

Establishment and functions of Education Assets Board E+W

197 Education Assets Board. E+W

(1) There shall be established a body corporate to be known as the Education Assets Board.

(2) The Board shall consist of a chairman and not less than two nor more than ten other members appointed by the Secretary of State.

(3) In appointing the members of the Board the Secretary of State shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, property management, local government or education.

(4) The principal functions of the Board are those conferred or imposed on them under sections 198 to 201 of and Schedule 10 to this Act [F260 and section 36 of and Schedule 5 to the Further and Higher Education Act 1992]; and the Board may also undertake such other activities as they consider it necessary or expedient to undertake for the purposes of or in connection with carrying out any of their functions.

(5) The Secretary of State may make grants to the Board of such amounts and subject to such conditions as he may determine.

(6) In exercising their functions under [F261 the Education Acts] the Board shall comply with any directions given to them by the Secretary of State.

(7) Any local education authority [F262 and any governing body of a maintained F263 . . . school] shall give the Board such information as the Board may require for the purposes of the exercise of any of their functions under [F264 the Education Acts].

[F265 (7A) A local education authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act.

F265 (7B) The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under [F266 the Education Acts].]

(8) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or property held on behalf of, the Crown.

(9) Schedule 8 to this Act has effect with respect to the Board.

[F267 (10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.]

Textual Amendments

F260 Words in s. 197(4) inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 43(a); S.I. 1992/831, art. 2, Sch. 1.

F261 Words in s. 197(6) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 1 Pt. I para. 74(2) (with ss. 1(4), 561, 562, Sch. 39).

F262 Words in s. 197(7) inserted (1.1.1994) by 1993 c. 35, s. 47(5); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art. 2); (which insertion is continued after the repeal of 1993 c. 35 by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)).

F263 Words in s. 197(7) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F264 Words in s. 197(7) substituted (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 74(3) (with ss. 1(4), 561, 562, Sch. 39).

F265 S. 197(7A)(7B) inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 43(c); S.I. 1992/831, art. 2, Sch. 1.

F266 Words in s. 197(7B) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 74(4) (with ss. 1(4), 561, 562, Sch. 39).

F267 S. 197(10) added (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 74(5) (with ss. 1(4), 561, 562, Sch. 39).

Modifications etc. (not altering text)

C125 Power to amend s. 197 conferred (1.2.1999) by 1998 c. 31, s. 137(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1.

C126 S. 197(7) applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I.

C127 S. 197(7) applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I.

C128 S. 197(7B) modified (1.4.1993) by S.I. 1993/563, art. 2(b)(ii), Sch. 2

198 Transfers under Parts I and II. E+W

F268 [(1) This section applies to any transfer under any of the following provisions, namely—

(a) section 126 or 130 of this Act,

(b) Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or

(c) any regulations made—

(i) under section 21(5) or (9) of that Act, or

(ii) under paragraph 10 of Schedule 2 or paragraph 5 of Schedule 8 to that Act;

and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act.

(1A) However, nothing in—

(a) the provisions of that Schedule other than paragraph 2(4), or

(b) subsection (3) below,

applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act.

(2) Schedule 10 to this Act has effect for the purpose of—

(a) dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution;

(b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer;

(c) providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and

(d) making supplementary and consequential provisions in relation to such transfers.

(3) In carrying out the functions conferred or imposed on them by that Schedule—

(a) the Education Transfer Council—

(i) shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but

(ii) shall seek to ensure that all such persons’ interests are protected; and

(b) it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act.

(4) Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer—

(a) it may not be done by the transferee; and

(b) in doing it the Council shall be regarded as acting on behalf and in the name of the transferee;

and in a case where the transferee is a body corporate established under this Act or the 1998 Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act or the 1998 Act.]

(5) Not later than the end of the period of six months beginning with the transfer date applicable in relation to any transfer to a higher education corporation under section 126 of this Act, [F269 the Council] shall provide [F270 the higher education funding council] with a written statement giving such particulars of all property, rights and liabilities transferred to that corporation as are then available to [F269 the Council].

(6) If in any case within subsection (5) above full particulars of all property, rights and liabilities transferred to the corporation concerned are not given in the statement required under that subsection, [F269 the Council] shall provide that Council with a further written statement giving any such particulars omitted from the earlier statement as soon as it is possible for them to do so.

Textual Amendments

F268 S. 198(1)-(4) substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para. 2(2) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1.

F269 Words in s. 198(5)(6) substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para. 2(3) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F270 Words in s. 198(5) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 44; S.I. 1992/831, art. 2, Sch. 3.

Modifications etc. (not altering text)

C129 Power to amend conferred (1.2.1999) by School Standards and Framework Act 1998 c. 31, s. 137(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

C130 S. 198 applied (with modifications) (1.9.1999) by School Standards and Framework Act 1998 c. 31, s. 74, Sch. 21 Pt. I para. 2(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

C131 S. 198 applied (with modifications) (10.3.1999) by The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (S.I. 1999/362), regs. 54(6)(a), 54A, 54C (as amended (E.) (31.12.1999) by S.I. 1999/3297, reg. 2; and (W.) (31.7.2000) by S.I. 2000/1867, reg. 2, Sch.)

S. 198 applied (with modifications) (1.1.2001) by The Education (New Procedures for Property Transfers) Regulations 2000 (S.I. 2000/3209), regs. 5, 6, 15, 16, Sch. 1, Sch. 3

C132 S. 198 applied (E.) (25.5.2007) by The School Governance (Federations) (England) Regulations 2007 (S.I. 2007/960), regs. 1(1), 41(2), 46(2)

199 Loan liabilities excepted from transfer under Part II. E+W

(1) The amount of any liability of a local education authority in respect of the principal of any loan which is an excepted liability in relation to an institution to which this section applies shall be treated on and after the operative date as having been borrowed from that authority by the default on such terms as to repayment and the payment of interest as may be agreed between the Education Assets Board and the authority or determined by the Secretary of State under this section.

(2) This section applies to any institution conducted by a higher education corporation and any institution designated under section 129 of this Act; and in relation to any such institution—

(a) a liability is an excepted liability for the purposes of this section if it would have been transferred under section 126(3) but for subsection (5)(b) of that section or (as the case may be) under section 130(2) of this Act but for subsection (4)(a) of that section; and

(b) references, in relation to an excepted liability, to the default transferee and the operative date are references respectively to the body or persons to whom and the date on which that liability would have been so transferred.

(3) It shall be the duty of the authority and the Board, whether before or after the operative date, so far as practicable to arrive at such written agreements as may be necessary for determining the amount of any excepted liability and the terms to apply in relation to the liability imposed on the default transferee under this section by reference to that liability.

(4) Notwithstanding any terms agreed or determined as mentioned in subsection (1) above, any liability in respect of any sum treated by virtue of that subsection as having been borrowed from a local education authority may at any time be discharged by a single payment of a sum equal to the aggregate of—

(a) the amount of the principal of the loan outstanding at the time of the payment; and

(b) the amount of any interest accrued before that time.

(5) The Board shall notify the Secretary of State if it appears to them that it is unlikely the case of any matter on which agreement is required to be reached under subsection (3) above that such an agreement will be reached.

(6) Where the Secretary of State has received a notification from the Board under subsection (5) above he may, whether before or after the operative date, give a direction determining the matter, and may include in the direction any provision which might have been included in an agreement under subsection (3) above.

(7) The Secretary of State shall consult the authority before giving a direction under this section.

(8) The Board shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this section.

(9) The Board shall deliver any agreement made under subsection (3) above to the default transferee.

(10) Any such agreement shall be treated as made between the authority and the default transferee.

Modifications etc. (not altering text)

C133 S. 199(1)(3): functions conferred by S.I. 1991/1457, arts.2, 3

F271 200 Grant-maintained schools: school property. E+W

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Textual Amendments

F271 S. 20 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 135, Sch. 21Pt. I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art.2).

F272 201 Wrongful disposals. E+W

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Textual Amendments

F272 S. 201 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

Academic tenure U.K.

202 The University Commissioners. E+W+S

(1) There shall be a body of Commissioners known as the University Commissioners (in this section and sections 203 to 207 of this Act referred to as “the Commissioners”) who shall exercise, in accordance with subsection (2) below, in relation to qualifying institutions, the functions assigned to them by those sections.

(2) In exercising those functions, the Commissioners shall have regard to the need—

(a) to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions;

(b) to enable qualifying institutions to provide education, promote learning and engage in research efficiently and economically; and

(c) to apply the principles of justice and fairness.

(3) The following are qualifying institutions for the purposes of this section and sections 203 to 206 of this Act, namely—

(a) any university or other institution to which, during the period of three years beginning 1st August 1987, grants in aid are or have been made by the Universities Funding Council, or by the Secretary of State acting on the advice of the University Grants Committee;

(b) any constituent college, school or hall or other institution of a university falling within paragraph (a) above; and

(c) any institution not falling within paragraph (a) above which is authorised by charter to grant degrees and to which, during the period of three years beginning 1st August 1987, grants are or have been made by the Secretary of State.

(4) Schedule 11 to this Act shall have effect with respect to the Commissioners.

203 Duty of Commissioners. E+W+S

(1) The Commissioners shall exercise the powers conferred by section 204 of this Act with a view to securing that the statutes of each qualifying institution include—

(a) provision enabling an appropriate body, or any delegate of such a body, to dismiss any member of the academic staff by reason of redundancy;

(b) provision enabling an appropriate officer, or any delegate of such an officer, acting in accordance with procedures determined by the Commissioners, to dismiss any member of the academic staff for good cause;

(c) provision establishing disciplinary procedures determined by the Commissioners for dealing with any complaints made against any member of the academic staff relating to his appointment or employment;

(d) provision establishing procedures determined by the Commissioners for hearing and determining appeals by any members of the academic staff who are dismissed or under notice of dismissal (whether or not in pursuance of such provision as is mentioned in paragraph (a) or (b) above) or who are otherwise disciplined; and

(e) provision establishing procedures determined by the Commissioners for affording to any member of the academic staff opportunities for seeking redress for any grievances relating to his appointment or employment.

(2) No provision such as is mentioned in subsection (1)(a) or (b) above which is included in the statutes of a qualifying institution by virtue of section 204 of this Act shall enable any member of the academic staff to be dismissed unless the reason for his dismissal may in the circumstances (including the size and administrative resources of the institution) reasonably be treated as a sufficient reason for dismissing him.

(3) Where any such provision as is mentioned in subsection (1) above is included in the statutes of a qualifying institution (whether by virtue of section 204 of this Act or otherwise) and—

(a) there is no requirement for any instrument which would have the effect of modifying the provision to be approved by Her Majesty in Council or to be laid before both Houses of Parliament; and

(b) but for this subsection, there would be no requirement for such an instrument to be approved by the Privy Council;

the Commissioners shall exercise the powers conferred by that section with a view to securing that no instrument which would have the effect of modifying the provision shall have that effect unless it has been approved by the Privy Council.

(4) Any reference in this section to academic staff includes a reference to persons whose terms of appointment or contracts of employment are, in the opinion of the Commissioners, so similar to those of academic staff as to justify their being treated as academic staff for the purposes of this section.

(5) For the purposes of this section the dismissal of a member of staff shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to—

(a) the fact that the institution has ceased, or intends to cease, to carry on the activity for the purposes of which he was appointed or employed by the institution, or has ceased, or intends to cease, to carry on that activity in the place in which he carried out his work; or

(b) the fact that the requirements of that activity for members of staff to carry out work of a particular kind, or for members of staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

(6) For the purposes of this section “good cause”, in relation to a member of the academic staff of a qualifying institution, means a reason which is related to his conduct or to his capability or qualifications for performing work of the kind which he was appointed or employed to do; and in this subsection—

(a) “capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and

(b) “qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by him.

(7) In this section—

• “appropriate”, in relation to a body or officer of a qualifying institution, means appearing to the Commissioners to be appropriate having regard to the nature and circumstances of the institution;

• “dismiss” and “dismissal”—

(a) include remove or, as the case may be, removal from office; and

(b) in relation to employment under a contract, shall be construed in accordance with [F273 Part X of the Employment Rights Act 1996].

(8) In this section and sections 204 to 206 of this Act “statutes”, in relation to an institution, includes any regulations, ordinances or other instruments which, in the opinion of the Commissioners, serve as statutes for the purposes of that institution and are designated as such by the Commissioners.

Textual Amendments

F273 Words in s. 203(7) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(3) (with ss. 191-195, 202).

204 Powers of Commissioners. E+W+S

(1) For the purpose of performing the duty imposed on them by section 203 of this Act, the Commissioners may make such modifications of the statutes of any qualifying institution as they consider necessary or expedient.

(2) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(a) of this Act shall not apply in relation to a person unless—

(a) his appointment is made, or his contract of employment is entered into, on or after 20th November 1987; or

(b) he is promoted on or after that date.

(3) For the purposes of this section a person shall be taken to be promoted on or after 20th November 1987 if (and only if) immediately before that date he is paid on a scale which provides for a maximum rate of remuneration (his former pay scale) and on or after that date the terms of his appointment, or of his contract of employment, are varied (whether with effect before or after that date) so that—

(a) his rate of remuneration is increased to a rate which exceeds the highest point on his former pay scale at the date on which the increase takes effect; or

(b) he is paid on another scale on which the highest point at the date the variation takes effect exceeds the highest point on his former pay scale at that date; or

(c) he is paid on a basis which does not provide for a maximum rate of remuneration.

(4) For the purposes of subsection (3) above references, in relation to a pay scale, to the highest point on the scale at any date are references to the maximum rate of remuneration payable at that date in accordance with the scale whether on a regular or a discretionary basis.

(5) For the purposes of this section a person holding an office or position of any description shall not be taken to be promoted by reason only of any general variation of the terms of appointment or of contracts of employment of persons holding offices or positions of that description.

(6) Modifications such as are mentioned in subsection (2) above shall not apply in relation to a person who held an office or position at the institution in question immediately before 20th November 1987 by reason only of the fact that—

(a) he is appointed to, or employed in, a different office or position at the institution instead of his former office or position if the terms of his appointment or of his contract of employment which relate to remuneration are the same as those of his former appointment or contract of employment;

(b) he is appointed to, or employed in, an additional office or position at the institution which carries no remuneration; or

(c) he is promoted or is appointed to, or employed in, a different office or position at the institution if he is so promoted, appointed or employed only on a temporary basis for a particular purpose with an expectation that the promotion will cease to have effect, or that he will resume his former office or position, when that purpose is accomplished.

(7) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(b) of this Act shall not apply in relation to anything done or omitted to be done before the date on which the instrument making the modifications is approved under subsection (9) below.

(8) Subject to subsections (2) to (7) above, the Commissioners’ powers under this section include power to make such incidental, supplementary and transitional provision as they consider necessary or expedient.

(9) No instrument made in the exercise of the Commissioners’ powers under this section shall have effect unless it has been approved by Her Majesty in Council.

205 Procedure for exercise of Commissioners’ powers. E+W+S

(1) This section applies where the Commissioners propose to exercise the powers conferred on them by section 204 of this Act in relation to a qualifying institution.

(2) The Commissioners shall send a copy of the proposed modifications to each of the following persons, namely—

(a) the body appearing to the Commissioners to have responsibility for the management and administration of the institution’s revenue and property and the conduct of its affairs;

(b) such bodies representing qualifying institutions as appear to them to be concerned;

(c) such organisations representing staff of such institutions as appear to them to be concerned;

[F274 (d) the higher education funding council]

(e) such other persons appearing to the Commissioners to be concerned as they consider it would be appropriate to consult;

and shall afford those persons a reasonable opportunity of making representations as to the issues arising.

(3) After taking into account any representations made by those persons, the Commissioners shall submit the modifications, with or without revisions, to Her Majesty in Council.

(4) Her Majesty in Council may remit for reconsideration by the Commissioners any modifications submitted under subsection (3) above; and any remission under this subsection shall be accompanied by a declaration of the reasons for it.

(5) The Commissioners shall reconsider and revise any modifications remitted under subsection (4) above; and subsections (2) to (4) above shall apply in relation to any modifications so revised as they apply in relation to modifications originally proposed.

F275 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F274 S. 205(2)(d) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 45(a); S.I. 1992/831, art. 2, Sch.3.

F275 S. 205(6) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 45(b), Sch.9; S.I. 1992/831, art. 2, Sch.3.

F276 206 Exclusion of visitor’s jurisdiction. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F276 S. 206 repealed (1.1.2005 for E., 1.1.2005 for W.) by Higher Education Act 2004 (c. 8), ss. 46(4), 52(6), Sch. 7; S.I. 2004/2781, art. 4 (with art. 5); S.I. 2004/3144, art. 5, Sch. Pt. 2 (with art. 6)

207 Power to make incidental, etc., provisions by Order in Council. E+W+S

(1) Her Majesty may at any time by Order in Council make such incidental, consequential or supplementary provision as appears to Her necessary or expedient—

(a) for the general purposes or any particular purposes of any exercise of the Commissioners’ powers under section 204 of this Act;

(b) in consequence of any exercise of those powers or for the purpose of giving full effect to any such exercise; F277 ...

F277 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An Order in Council under this section may in particular amend, repeal or revoke (with or without savings) any provision of—

(a) an Act passed or a charter granted; or

(b) an instrument under an Act or charter made,

before the passing of this Act.

Textual Amendments

F277 S. 207(1)(c) and preceding word repealed (1.1.2005 for E., 1.1.2005 for W.) by Higher Education Act 2004 (c. 8), s. 52(6), Sch. 7; S.I. 2004/2781, art. 4; S.I. 2004/3144, art. 5, Sch. Pt. 2

208 Corresponding provision for Northern Ireland. E+W+N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M9 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 202 to 207 of, and Schedule 11 to, this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M9 1974 c. 28.

Grants E+W

F278 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F278 S. 209 repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch.4 (with s. 42(8)); S.I. 1998/3237, art.2 (with art. 3).

F279 210 Grants for the education of travellers and displaced persons. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F279 S. 210 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(d), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F280 211 Grants in respect of special provision for immigrants E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F280 S. 211 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(e), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F281 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F281 S. 212 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I. (with ss. 1(4), 561, 562, Sch. 39).

F282 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F282 S. 213 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

Unrecognised degrees U.K.

214 Unrecognised degrees. E+W+S

(1) Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award—

(a) which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and

(b) which either—

(i) is described as a degree; or

(ii) purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—

(a) any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or [F283 by or under]Act of Parliament to grant degrees;

(b) any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or

(c) such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.

(3) An order under subsection (2)(c) above may designate as a recognised award either—

(a) a specified award granted or to be granted by a person named in the order; or

(b) any award granted or to be granted by such a person.

(4) Where in any proceedings for an offence under this section it is shown—

(a) that the defendant granted, offered to grant or issued an invitation relating to an award; and

(b) that an address in the United Kingdom was given in any document issued by the defendant certifying the granting of the award or containing the offer or invitation in question;

the award shall be presumed to fall within subsection (1)(a) above unless it is shown that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer or invitation was addressed that the award was not granted or to be granted by a United Kingdom institution.

(5) In any proceedings for an offence under this section it shall be a defence for the defendant to show—

(a) that the award in question was granted or to be granted by virtue of authority conferred on or before 5th July 1988 by a foreign institution on the body granting the award; and

(b) that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer was addressed that the award was granted or was to be granted by virtue of authority conferred by a foreign institution.

(6) For the purposes of subsection (5) above, where—

(a) on or before 5th July 1988 authority was conferred by a foreign institution on a body to grant awards of any description for a period expiring after that date; and

(b) new authority is conferred by the institution (whether before or after the expiry of that period) on the body to grant awards of that description;

the new authority shall be taken to have been granted on or before that date.

(7) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(8) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

(9) Nothing in this section shall apply in relation to the granting of an award to a candidate who—

(a) before 12th May 1988 began to undertake a course of education approved by the person granting the award in preparation for an examination to qualify for the award; and

(b) whether before or after that date, passes the examination;

and in this subsection “examination” includes any form of assessment and the reference to passing an examination shall be construed accordingly.

[F284 (9A) For the purposes of this section and section 215, as they extend to Scotland, the reference to the Secretary of State is to be read as a reference to the Scottish Ministers.]

(10) For the purposes of this section—

(a) a “United Kingdom institution” means any institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is situated outside the United Kingdom;

(b) a “foreign institution” means any institution other than a United Kingdom institution; and

(c) the reference to issuing an invitation relating to any award includes in particular the issuing of any circular, prospectus or advertisement relating to an award, whether addressed to the public generally, to any section of the public, or to any particular individual or individuals.

Textual Amendments

F283 Words in s. 214(2)(a) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 48; S.I. 1992/831, art. 2, Sch. 1.

F284 S. 214(9A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 91(2); S.I. 1998/3178, art. 3

215 Unrecognised degrees: enforcement. E+W+S

(1) It shall be the duty of every local weights and measures authority to enforce the provisions of section 214 of this Act within their area; and such an authority shall, whenever the Secretary of State so directs, make to him a report on the exercise of their functions under this section and section 214 of this Act in such form and containing such particulars as he may direct.

(2) A duly authorised officer of a local weights and measures authority may, at all reasonable hours and on production, if required, of his credentials, exercise the following powers, that is to say—

(a) he may, for the purpose of ascertaining whether any offence under section 214 of this Act has been committed, enter and search any premises which he reasonably believes may be used for or in connection with the carrying on of a business which is concerned with the granting of awards which are not recognised awards;

(b) he may, for that purpose, require any person carrying on or employed in connection with any such business to produce any documents or other items relating to the business and may take copies of any such document;

(c) he may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible if he has reason to believe that it may be evidence of the commission of an offence under that section; and

(d) he may seize and detain anything which he has reason to believe may be evidence of the commission of an offence under that section.

(3) In subsection (2) above “recognised award” has the same meaning as in section 214 of this Act.

(4) If a justice of the peace, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe that any documents or other items which a duly authorised officer has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under section 214 of this Act; and

(b) is also satisfied either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of a local weights and measures authority to enter the premises, if need be by force.

• In the application of this subsection to Scotland, “justice of the peace” shall be construed as including a sheriff.

(5) An officer seizing any documents or other items in the exercise of his powers under this section shall inform the person from whom they are seized.

(6) An officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under subsection (4) above he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

(7) Section 29 of the M10 Trade Descriptions Act 1968 (penalty for obstruction of authorised officers) shall apply as respects the obstruction of an officer acting in pursuance of this section as it applies as respects the obstruction of an officer acting in pursuance of that Act but with the substitution in subsection (1)—

(a) of a reference to this section for the reference to section 28 of that Act; and

(b) of a reference to his functions under this section for the reference to his functions under that Act.

(8) Nothing in this section shall be taken to compel the production by a solicitor of a document or other item containing a privileged communication made by or to him in that capacity or to authorise the taking of possession of any such item which is in his possession.

(9) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

Marginal Citations

M10 1968 c. 29.

216 Identification of bodies granting or providing courses for recognised awards. E+W+S

(1) For the purposes of sections 214 and 215 of this Act, any body for the time being designated by order made by the Secretary of State as appearing to him to be a recognised body shall be conclusively presumed to be such a body.

(2) The Secretary of State shall compile, maintain and publish by order a list including the name of every body which appears to him to fall for the time being within subsection (3) below.

[F285 (2A) For the purposes of this section, as it extends to Scotland, the references in subsections (1) and (2) above to the Secretary of State are to be read as references to the Scottish Ministers.]

(3) A body falls within this subsection if it is not a recognised body and either—

(a) provides any course which is in preparation for a degree to be granted by a recognised body and is approved by or on behalf of the recognised body; or

(b) is a constituent college, school or hall or other institution of a university which is a recognised body.

(4) In this section “recognised body” means a body falling within section 214(2)(a) or (b) of this Act.

Textual Amendments

F285 S. 216(2A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 91(3); S.I. 1998/3178, art. 3.

217 Unrecognised degrees: Northern Ireland and Channel Islands. E+W+N.I.

(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M11 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 214 to 216 of this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule; but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Her Majesty may by Order in Council direct that those sections shall extend to any of the Channel Islands with such adaptations and modifications (if any) as may be specified in the Order.

Marginal Citations

M11 1974 c. 28.

Miscellaneous provisions U.K.

F286 218 School and further and higher education regulations. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286 S. 218 repealed (31.3.2003, for W. for specified purposes, 1.6.2003 for E. for specified purposes, 1.8.2003 for E. for specified purposes, 1.9.2003 for E. for specified purposes, 1.10.2003 for E. for specified purposes, 1.4.2006 for W. for specified purposes, 6.11.2006 for E. otherwise, 2.1.2008 for W. otherwise) by Education Act 2002 c. 32, ss. 146, 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3; S.I. 2003/1667, arts. 3-5 (with art. 6, Sch. paras 2, 3); S.I. 2006/879, art. 4, Schedule; S.I. 2006/2895, art. 2 (with art. 3); S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with art. 5, Sch. Pt 2)

F287 218A Regulations under section 218(6): further provision. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F287 S. 218A repealed (31.3.2003 for W., 1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 146, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F288 [219 Powers of the Secretary of State in relation to certain educational institutions. U.K.

(1) This section applies to any institution which is maintained by a local education authority and provides higher education or further education (or both).

(2) Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school.

(3) Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies.

(4) Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.]

Textual Amendments

F288 S. 219 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para.77 (with ss. 1(4), 561, 562, Sch. 39).

F289 220 Extension of functions of Audit Commission. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F289 S. 220 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5.

221 Avoidance of certain contractual terms. E+W

(1) This section applies to any contract made after 20th November 1987 between—

(a) a local education authority in their capacity as such an authority;

(b) the governing body of [F290 a foundation, voluntary aided or foundation special school;]; or

F291 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.

(2) In so far as a contract to which this section applies provides that the employee—

(a) shall not be dismissed by reason of redundancy; or

(b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay him under [F292 section 135 of the Employment Rights Act 1996],

the contract shall be void and of no effect.

(3) In this section—

• “governing body”, in relation to an institution, includes a body corporate established for the purpose of conducting that institution;

• F293 . . .

  (a)

  provides higher education or further education (or both); and

  (b)

  is either a designated assisted institution or an institution which is grant-aided or eligible to receive aid by way of grant.

Textual Amendments

F290 Words in s. 221(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.18 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F291 S. 221(1)(c) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 52, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F292 Words in s. 221(2)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(4) (with ss. 191-195, 202).

F293 Definition in s. 221(3) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 52, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

Modifications etc. (not altering text)

C134 S. 221 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I.

C135 S. 221 applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. Pt. I.

F294 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F294 S. 222 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F295 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F295 S. 223 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch.16; S.I. 2000/183, art. 2(1)

224 Superannuation for staff of Further Education Unit. E+W

(1) The persons to whom section 1 of the M12 Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include—

(a) persons who at any time after the passing of this Act are serving in employment with the company formed and registered under the M13 Companies Act 1948 and known at the passing of this Act as the Further Education Unit; and

(b) persons who at any time before the passing of this Act have ceased to serve in employment with that company;

and accordingly a reference to that company shall be inserted at the appropriate point in the alphabetical list of “Other Bodies” in Schedule 1 to that Act.

(2) That company shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this section in the sums payable out of money provided by Parliament under that Act.

Marginal Citations

M12 1972 c. 11.

M13 1948 c. 38.

F296 225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F296 S. 225 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

226 Services for schools in other member States providing education for British children. E+W

(1) This section applies to any school which—

(a) is situated in a member State other than the United Kingdom;

(b) provides education for pupils who are British citizens, have attained the age of five years but not the age of nineteen years and are residing in that member State;

(c) has a curriculum which, in the case of any pupil at the school, is broadly similar to the curriculum which he would follow if he were a pupil at a maintained school in England and Wales; and

(d) has such other characteristics as may be prescribed.

(2) In the case of a school to which this section applies the Secretary of State shall—

(a) on a regular basis provide the persons responsible for the management of the school with such information relating to educational developments in England and Wales as he thinks appropriate; and

(b) if those persons so request, make arrangements for inspections to be made of the school [F297 by Her Majesty's Chief Inspector of Education, Children's Services and Skills].

(3) The Secretary of State shall charge the persons at whose request any inspection of a school is made under this section such fees as will cover the full cost of the inspection.

(4) In this section “maintained school” means [F298 any community, foundation or voluntary school.].

Textual Amendments

F297 Words in s. 226(2)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 8; S.I. 2007/935, art. 5(gg)

F298 Words in s. 226(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.19 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Wales E+W

F299 227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F299 S. 227 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

228 Transfer of property to grant-aided institutions in Wales. E+W

(1) This section applies to any institution in Wales which—

(a) is conducted by a body corporate; and

(b) has a full-time equivalent enrolment number for courses of higher education which exceeds 55 per cent. of its total full-time equivalent enrolment number.

(2) Where in the case of any institution to which this section applies—

(a) the Secretary of State proposes to make to the body conducting the institution grants under regulations made under [F300 section 485 of the Education Act 1996]; and

(b) any land or other property of a local education authority is for the time being used or held, or any subsisting rights or liabilities of such an authority were acquired or incurred, for the purposes of the institution;

the Secretary of State may by order designate the institution for the purposes of this section.

(3) Subject to the following provisions of this section, on the date on which any designation of an institution under this section takes effect the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, the body corporate by whom the institution is conducted.

(4) The property, rights and liabilities referred to in subsection (3) above are—

(a) all land or other property which, immediately before that date, was property of any local education authority used or held for the purposes of the designated institution; and

(b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.

(5) Subsection (3) above shall not apply to—

(a) any liability of any such authority in respect of the principal of, or any interest on, any loan; or

(b) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.

(6) Section 198 of this Act shall apply to a transfer under this section; and the preceding provisions of this section are subject to Schedule 10 to this Act.

(7) In the application of that Schedule in relation to a transfer under this section references in paragraph 1 to a relevant institution shall include references to an institution designated under this section.

(8) Section 199 of this Act shall apply to an institution designated under this section; and for the purposes of that section as it applies by virtue of this section subsection (2) of that section shall apply as if paragraph (a) defined an excepted liability as one which would have been transferred under subsection (3) of this section but for subsection (5)(a) of this section.

(9) Expressions used in this section to which a meaning is given for the purposes of Part II of this Act have the same meaning in this section; and section 138 of this Act shall apply for the purpose of the construction of subsections (2)(b) and (4)(a) above.

(10) In this Act “transfer date” means, in relation to an institution designated under this section, the date on which the designation of that institution takes effect.

Textual Amendments

F300 Words in s. 228(2)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para.79 (with ss. 1(4), 561, 562, Sch. 39).

229 Power to make different provision for Wales in regulations under the 1944 and 1967 Acts. E+W

F301 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 4 of the M14 Education Act 1967 (loans for capital expenditure for purposes of colleges of education), after subsection (3) there shall be inserted the following subsection—

“(3A) Regulations under this section may make in relation to Wales provision different from that made in relation to England.”

Textual Amendments

F301 S. 229(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

Marginal Citations

M14 1967 c. 3.

Supplementary E+W+S

230 Stamp duty. E+W

(1) Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following provisions of this Act, namely—

• F302 . . .

• F303 . . .

• F303 . . .

• F303 . . .

• section 126 (taken with Schedule 10);

• section 128(1)(b);

• section 130 (taken with Schedule 10);

• F304 . . .

• section 168(1) and (2);

• section 180(1);

• F305 ...

• section 192;

• F306 ... and

• section 228 (taken with Schedule 10).

F307 [(2) Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer to a local education authority under or by virtue of section 95(6) or (7) or 101(2) of this Act of property which immediately after the transfer is held by the authority for the purposes of an institution (or institutions) falling within subsection (3) below.]

F307 [(3) An institution falls within this subsection if it is—

(a) a university;

F308 (b) an institution within the higher education sector]

(c) an institution which provides higher education or further education (or both) and is either—

(i) maintained by a local education authority; or

F309 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F310 [(ca) an institution within the further education sector]

(d) a school maintained by a local education authority; or

(e) a grant-maintained school.

(4) No instrument (other than a statutory instrument) made or executed—

(a) under or in pursuance of any of the provisions mentioned in subsection (1) above; or

F307 [(b) for the purpose of giving effect to any such transfer as is mentioned in subsection (2) above;]

shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M15 Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M16 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Textual Amendments

F302 Words in s. 230(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F303 Words in s. 230(1) repealed (1.1.1994 in respect of repeals of “section 74(taken with Schedule 10)" and otherwise 1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19, para. 137(a), Sch. 21, Pt. I ; S.I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2); S.I. 1994/507, art. 4, Sch. 2, Appendix.

F304 Words in s. 230(1) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 55(a), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F305 Words in s. 230 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4

F306 Words in s. 230(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

F307 S. 230(2)(3)(4b) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 137(b), Sch. 21, Pt. I; S.I. 1994/507, art. 4, Sch. 2, Appendix.

F308 S. 230(3)(b) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 55(b)(i); S.I. 1992/831, art. 2, Sch. 3.

F309 S. 230(3)(c)(ii) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 55(b)(ii), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F310 S. 230(3)(ca) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 55(b)(iii); S.I. 1992/831, art. 2, Sch. 3.

Marginal Citations

M15 1982 c. 39.

M16 1891 c. 39.

231 Power to make incidental, consequential, transitional and supplementary provisions. E+W+S

(1) The Secretary of State may at any time by order make such provision amending, repealing or revoking (with or without savings) any provision of a local Act passed, or an instrument under a local Act made, before the passing of this Act as appears to him to be necessary or expedient in consequence of any of the provisions of this Act.

(2) The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient for the general purposes or any particular purposes of Part III of this Act or in consequence of any of its provisions or for giving full effect to it.

(3) An order under subsection (2) above may in particular make provision—

(a) for enabling any authority or body by whom any powers will become exercisable on the abolition date by virtue of any provision made by or under Part III of this Act to take before that date any steps (such as the establishment of committees, the making of arrangements with other authorities or bodies with respect to the exercise of those powers or the undertaking of consultations) which are necessary or expedient in preparation for the exercise of those powers;

(b) for enabling the Secretary of State to take before that date in relation to any such authority or body or in relation to anything done by that authority or body in accordance with any provision made by an order under that subsection any steps which are necessary or expedient for the purpose of the exercise by that authority or body of those powers;

(c) for the making before that date of arrangements for securing the satisfactory operation from that date of any provision made by or under that Part and for defraying the cost of any such arrangements;

(d) for amending, repealing or revoking (with or without savings) any provision of an Act passed, or an instrument under an Act made, before the abolition date, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act;

(e) with respect to the membership of any body so far as consisting of persons elected by, or appointed by or on the nomination of ILEA, whether alone or together with one or more other bodies.

(4) Without prejudice to the generality of paragraph (d) of subsection (3) above, an order under subsection (2) above making any such provision as is mentioned in any of paragraphs (a) to (c) of subsection (3) above—

(a) may apply in relation to any inner London council any enactment or instrument relating to the functions of local education authorities as if that council were such an authority; and

(b) may apply in relation to any such council any enactment or instrument relating to the functions of local authorities as if that council had before the abolition date any functions specified in the order, being functions which will on that date become exercisable by that council;

for such purposes and subject to such modifications (if any) as may be specified in the order.

(5) The amendments that may be made under subsection (3)(d) above—

(a) shall be in addition and without prejudice to those made by any other provision of this Act; and

(b) shall, in particular, include amendments in consequence of functions under provisions applying to the Inner London Education Area becoming exercisable in their respective areas by the inner London councils.

(6) In this section, expressions to which a meaning is given for the purposes of Part III of this Act have the same meaning as in that Part.

(7) No other provision of this Act shall be construed as prejudicing the generality of the powers conferred by this section.

232 Orders and regulations. E+W+S

(1) Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

(2) For the purposes of subsection (1) above the excepted provisions are [F311 section 157], paragraph 1(4) of Schedule 7 and paragraph 4 of Schedule 9.

F312 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A statutory instrument containing—

(a) an Order in Council made under section 207 of this Act which amends or repeals any provision of an Act; or

(b) any order or regulations made by the Secretary of State under this Act, other than an order under section F313 . . . F314 . . ., 214, 216, F315 . . . or 236;

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Orders or regulations under this Act may make different provision for different cases or circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

(6) Without prejudice to subsection (5) above, orders under this Act, and regulations under any provision of this Act F316 . . ., may make in relation to Wales provision different from that made in relation to England.

Textual Amendments

F311 Words in s. 232(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 80(a) (with ss. 1(4), 561, 562, Sch. 39).

F312 S. 232(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 80(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F313 Words in s. 232(4)(b) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 80(c), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F314 Words in s. 232(4)(b) repealed (1.1.1994) by 1993 c. 35, ss, 307(1)(3), Sch. 19 para. 138(b)(ii), Sch. 21 Pt. I; S.I. 1993/3106, art. 4, Sch. 1 Appendix (amended by S.I. 1994/436, art. 2),

F315 Word in s. 232(4)(b) repealed (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 56(c), Sch. 9; S.I. 1992/831, art. 2, Sch. 1.

F316 Words in s. 232(6) repealed (1.10.1998) by 1998 c. 30, s. 44(2), Sch. 3 para. 6, Sch.4 (with s. 42(8)); S.I. 1998/2215, art.2.

Modifications etc. (not altering text)

C136 S. 232(4) restricted (1.9.1994) by 1993 c. 35, s. 241(4); S.I. 1994/2038, art. 3(1), Sch. 2.

233 Expenses. E+W

There shall be defrayed out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State F317 . . .under this Act; and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Textual Amendments

F317 Words in s. 233(a) omitted (1.1.1996) by virtue of S.I. 1995/2985, art. 5(1), Sch. para.5.

F318 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F318 S. 234 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

235 General interpretation. E+W+S

(1) In this Act, except where the context otherwise requires—

• “the 1944 Act” means the M17 Education Act 1944;

• F319 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F320 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the 1986 Act” means the M18 Education (No. 2) Act 1986;

• “contract of employment”, “employee” and “employer” have the same meaning as in [F321 the Employment Rights Act 1996], and “employed” means employed under a contract of employment;

• “financial year” means a period of twelve months ending with 31st March;

• “functions” includes powers and duties;

• “higher education” has the meaning given by section 120(1);

• “land” includes buildings and other structures, land covered with water, and any interest in land;

• “liability” includes obligation;

• “local authority” means a county council, [F322 a county borough council,]a district council, a London borough council or the Common Council of the City of London;

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

• “statutory provision” means a provision of an enactment or a statutory instrument;

• “transfer date” has the meaning given by section [F323 74(9)], 123(2), 130(8) or 228(10) as the context may require;

• “university” includes a university college and any college, or institution in the nature of a college, in a university.

(2) In this Act—

F324 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) references to a higher education corporation shall be read in accordance with section 123(1);

(c) references to an institution which is or was grant-aided at any time are references to an institution maintained by persons who have received any grants under regulations made under section 100(1)(b) of the 1944 Act [F325 or section 485 of the Education Act 1996]in respect of expenditure incurred or to be incurred for any academic year of that institution current at the time in question;

(d) references to an institution which is eligible to receive aid by way of grant are references to an institution maintained by persons other than local education authorities who for the time being satisfy any requirements of regulations so made with respect to the eligibility of such persons to receive grants under those regulations;

(e) references to courses of higher education are references to courses of any description mentioned in Schedule 6 to this Act;

(f) references to dismissal by reason of redundancy shall, except in section 203, be read in accordance with [F326 section 139 of the Employment Rights Act 1996];

(g) references to an interest in land include references to any easement, right or charge in, to or over land; and

F324 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Act—

(a) a person employed by a local education authority is to be regarded as employed to work at a school or other institution if his employment with the authority for the time being involves work at that school or institution; and

(b) F327 . . . a person employed by such an authority is to be regarded as employed to work solely at a school or other institution if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school or institution.

(4) For the purposes of this Act the City of London shall be deemed to include the Inner Temple and the Middle Temple.

(5) Any reference in section F328 . . ., 126, 130 or 228 of this Act to liabilities incurred by a local education authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.

[F329 (5A) Any reference in any provision of this Act which extends to Scotland to a higher education funding council shall, in the application of that provision to Scotland, be construed as a reference to the [F330 Scottish Further and Higher Education Funding Council].]

(6) Nothing in any provision of this Act or of any order made under this Act relating to the trusts subject to which any land or other property or rights transferred under this Act are to be held by the transferee shall be taken as prejudicing any modification of those trusts after that transfer under any provision of this Act or otherwise.

(7) Subject to subsection (8) below, this Act shall be construed as one with the [F331 the Education Act 1996].

(8) Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1944 Act, the meaning given for the purposes of the [F331 the Education Act 1996]shall not apply for the purposes of that provision.

Textual Amendments

F319 Words in s. 235(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 81(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F320 Definition in s. 235(1) repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 139(a)(i), Sch. 21 Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2.

F321 Words in s. 235(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(5)(a) (with ss. 191-195, 202).

F322 Words in s. 235 inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 83 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2.

F323 Words in definition of “transfer date" in s. 235(1) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 139(a)(ii), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).

F324 S. 235(2)(a)(h) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 58, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F325 Words in s. 235(2)(c) inserted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 81(3) (with ss. 1(4), 561, 562, Sch. 39).

F326 Words in s. 235(2)(f) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(5)(b) (with ss. 191-195, 202).

F327 Words in s. 235(3)(b) repealed (1.1.1994) by 1993 c. 35,s. 307(1)(3), Sch. 19 para. 139(b), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).

F328 Words in s. 235(5) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(30), Sch. 19 para. 139(c), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).

F329 S. 235(5A) inserted (1. 6. 1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 10; S.I. 1992/817, art. 3(2), Sch. 2.

F330 Words in s. 235(5A) substituted (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 5; S.S.I. 2005/419, art. 2(1)

F331 Words in s. 235(7)(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 81(4) (with ss. 1(4), 561, 562, Sch. 39).

Marginal Citations

M17 1944 c. 31.

M18 1986 c. 61.

236 Commencement. E+W+S

F332 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F333 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F333 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F334 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F335 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except as provided above in this section, this Act shall come into force on such date or dates as the Secretary of State may by order appoint.

(7) Different dates may be appointed in relation to different provisions of this Act and for different purposes of the same provision, including (in particular) for the purpose of bringing particular provisions into force only in relation to particular educational institutions or categories of educational institutions.

(8) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(9) Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

Textual Amendments

F332 S. 236(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

F333 S. 236(2)(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F334 S. 236(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

F335 S. 236(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

Modifications etc. (not altering text)

C137 Power of appointment conferred by s. 236(6) partly exercised: S.I. 1988/1459, 1794, 2002, 2271; 1989/164, 501, 719; 1990/391

237 Amendments and repeals. E+W

(1) Schedule 12 to this Act (which makes minor and consequential amendments) shall have effect.

(2) The enactments mentioned in Schedule 13 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

238 Citation, extent etc. E+W+S

(1) This Act may be cited as the Education Reform Act 1988.

F336 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsections (4) to (6) below, this Act does not extend to Scotland or Northern Ireland.

(4) Sections 131, 134, 202 to 205, 207, 214 to 216, 231, 232, 235 and 236, this section and Schedules 8 and 11 extend to Scotland.

(5) Sections 208 and 217(1) extend to Northern Ireland.

(6) The amendment by this Act of an enactment which extends to Scotland or Northern Ireland also extends there.

Textual Amendments

F336 S. 238(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

SCHEDULES

F337 SCHEDULE 1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F337 Sch. 1 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F339 SCHEDULE 2 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F339 Sch. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F369 SCHEDULE 3 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F369 Sch. 3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F371 SCHEDULE 4 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F371 Sch. 4 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

Section 72.

F376 SCHEDULE 5 E+W Transition to Grant-Maintained Status

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F376 Sch. 5 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 143, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art. 2).

Section 120.

SCHEDULE 6 E+W Courses of Higher Education

1 E+W The descriptions of courses referred to in sections 120(1) and 235(2)(e) of this Act are the following—

(a) a course for the further training of teachers or youth and community workers;

(b) a post-graduate course (including a higher degree course);

(c) a first degree course;

(d) a course for the Diploma of Higher Education;

(e) a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;

(f) a course for the Certificate in Education;

(g) a course in preparation for a professional examination at higher level;

(h) a course providing education at a higher level (whether or not in preparation for an examination).

2 E+W For the purposes of paragraph 1(g) above a professional examination is at higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council.

3 E+W For the purposes of paragraph 1(h) above a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses providing education in preparation for any of the examinations mentioned in paragraph 2 above.

Section 123.

SCHEDULE 7 E+W The Higher Education Corporations

Preliminary E+W

1 (1) A higher education corporation established under section 121 of this Act for the purpose of conducting any institution shall be established initially under the name given as the name of that institution in the order under that section specifying that institution. E+W

(2) A higher education corporation established under section 122 of this Act shall be established initially under the name given in the order under that section establishing the corporation.

(3) Below in this Schedule—

(a) references to a corporation are references to any higher education corporation; and

(b) references, in relation to a corporation, to the institution are references—

(i) in relation to any time before the transfer date applicable in relation to the corporation, to the institution the corporation is established to conduct; and

(ii) in relation to any later time, to any institution for the time being conducted by the corporation in exercise of their powers under this Act.

[F377 (4) A corporation may change their name with the consent of the Privy Council.]

Textual Amendments

F377 Sch. 7 para. 1(4) substituted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 59(a); S.I. 1992/831, art. 2, Sch.1.

Initial constitution E+W

2 (1) Paragraphs 3 and 4 below provide for the initial constitution of a corporation and are subject to paragraph 6 below. E+W

(2) References below in this Schedule, in relation to a corporation, to a variable category of members are references to any category of members in relation to which the number applicable in accordance with paragraphs 3 and 4 below is subject to variation.

3 (1) A corporation shall consist of— E+W

(a) not less than twelve and not more than twenty-four members appointed in accordance with the following provisions of this Schedule; and

(b) the person who is for the time being the principal of the institution, unless he chooses not to be a member.

(2) Of the appointed members—

(a) up to thirteen (referred to below in this Schedule as the independent members) shall be persons appearing to the appointing authority to have experience of, and to have shown capacity in, industrial, commercial or employment matters or the practice of any profession;

(b) not less than four and not more than eight (referred to below in this Schedule as the initial nominee members) shall be persons nominated in accordance with this Schedule otherwise than by other members of the corporation;

(c) at least one and not more than four (referred to below in this Schedule as the additional nominee members) shall be persons nominated in accordance with this Schedule by the members of the corporation who are either independent members or initial nominee members and the principal of the institution (if he is a member).

(3) The members of the corporation for the time being shall be known as the board of governors of the institution.

4 (1) The initial nominee members of a corporation shall consist of— E+W

(a) at least one and not more than three local authority nominees;

(b) one teacher nominee;

(c) one general staff nominee; and

(d) one student nominee;

and may include up to two academic nominees.

(2) In this Schedule—

• “local authority nominee” means a person, other than a person employed at the institution (whether or not as a teacher) or a student at the institution, nominated by a local authority specified in relation to the corporation in an order made by the Secretary of State;

• “teacher nominee” means a teacher at the institution nominated by the teachers at the institution;

• “general staff nominee” means a person employed at the institution otherwise than as a teacher and nominated by the persons so employed;

• “student nominee” means a student at the institution nominated by the students at the institution; and

• “academic nominee” means a teacher at the institution nominated by the academic board.

(3) Of the additional nominee members of a corporation—

(a) the one required by paragraph 3(2)(c) above shall be a person who has experience in the provision of education; and

(b) the three others permitted by paragraph 3(2)(c) are—

(i) one person who has such experience; and

(ii) two persons who need not have such experience.

(4) In the case of any corporation, a person who is—

(a) employed at the institution (whether or not as a teacher);

(b) a full-time student at the institution; or

(c) an elected member of any local authority;

is not eligible for appointment as an independent member or as an additional nominee member of the corporation.

(5) For the purposes of this paragraph, a person who is not for the time being enrolled as a student at the institution shall be treated as such a student during any period when he has been granted leave of absence from the institution for the purposes of study or travel or for carrying out the duties of any office held by him in the student union at the institution.

(6) It shall be for the appointing authority to determine any question as to whether any person is qualified in accordance with the preceding provisions of this paragraph for appointment as a member of a corporation of any description or category.

(7) Before making an order specifying local authorities in relation to any corporation for the purposes of sub-paragraph (1)(a) above, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned.

Initial appointments E+W

5 (1) The Secretary of State is the appointing authority for the purposes of this Schedule in relation to the appointment of the first members of a corporation. E+W

(2) In determining the number of members to appoint within each variable category, he shall secure that at least half of all the members of the corporation as first constituted are independent members.

Determination of membership numbers E+W

6 (1) Following the appointment by the Secretary of State of the first members of a corporation, the corporation shall make a determination with respect to their membership numbers under this paragraph. E+W

(2) Such a determination shall fix the number of members of each variable category of which the corporation are to consist, subject to the limits applicable in relation to that category under paragraphs 3 and 4 above.

(3) In making a determination under this paragraph, the corporation shall secure that at least half of all the members of the corporation, when constituted in accordance with the determination, will be independent members.

(4) A determination under this paragraph shall not have effect so as to terminate the appointment of any person who is a member of the corporation at the time when it takes effect.

(5) A determination under this paragraph may be varied by a subsequent determination under this paragraph.

Subsequent appointments E+W

7 (1) Appointments of members of a corporation at any time after the appointment by the Secretary of State of the first members shall be subject to this paragraph. E+W

(2) No such appointment may be made before the first determination of the corporation under paragraph 6 above takes effect.

(3) The corporation are the appointing authority for the purposes of this Schedule in relation to the appointment of any member of the corporation other than an independent member.

(4) Where an appointment of an additional independent member of the corporation falls to be made in consequence of a determination under paragraph 6 above, the appointing authority for the purposes of this Schedule in relation to the appointment—

(a) shall be the corporation if the appointment is made within the period of three months beginning with the date of the determination; or

(b) if the appointment is not made within that period, shall be the current independent members of the corporation.

(5) Where a vacancy in the office of an independent member of the corporation arises on any existing independent member ceasing to hold office on the expiry of his term of office—

(a) his successor shall not be appointed more than six months before the expiry of that term; and

(b) the appointing authority for the purposes of this Schedule in relation to the appointment of his successor—

(i) shall be the corporation if the appointment is made not less than three months before the expiry of that term; or

(ii) if the appointment is not so made, shall be the current independent members of the corporation.

(6) Where a vacancy in the office of an independent member of the corporation arises on the death of any such member or on any such member ceasing to hold office under paragraph 8(2) or 10 below, the appointing authority for the purposes of this Schedule in relation to the appointment of his successor—

(a) shall be the corporation if the appointment is made within the period of three months beginning with the date of death or the date of the notice under paragraph 8(2) or 10 below (as the case may be); or

(b) if the appointment is not made within that period, shall be the current independent members of the corporation.

(7) No appointment of an independent member of the corporation by the corporation under sub-paragraph (4)(a), (5)(a) or (6)(a) above shall be made unless the appointment has been approved by the current independent members of the corporation.

[F378 (8) If the number of independent members of the corporation falls below the number needed in accordance with its articles of government for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum]

Textual Amendments

F378 Sch. 7 para. 7(8) added (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(3)(a); S.I. 1992/831, art. 2, Sch.1.

General provisions with respect to qualifications of members and tenure of office E+W

8 (1) A member of a corporation shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. E+W

(2) A member of a corporation may at any time by notice in writing to the corporation resign his office.

(3) Where a member of a corporation appointed as a teacher nominee, an academic nominee, a general staff nominee or a student nominee ceases before the end of his term of office to be qualified in accordance with paragraph 4 above for appointment as a nominee of the description in question his office shall thereupon become vacant.

9 (1) Subject to the following provisions of this paragraph, a person is not qualified for appointment as a member of a corporation at any time when he is under the age of eighteen or over the age of seventy. E+W

(2) A person over the age of seventy shall not by virtue of sub-paragraph (1) above be disqualified for appointment as a member of the corporation where—

(a) the appointing authority in relation to the appointment is the Secretary of State; or

(b) the appointing authority in relation to the appointment determine to make the appointment by a vote representing an absolute majority of all the members of that authority (whether or not taking part in the vote).

(3) It shall be for the appointing authority in relation to the appointment in question to determine any question arising under sub-paragraph (1) above with respect to a person’s qualification for appointment as a member of the corporation.

10 E+W If at any time a corporation are satisfied that any member of the corporation—

(a) has been absent from meetings of the corporation for a period longer than twelve consecutive months without the permission of the corporation; or

(b) is unable or unfit to discharge the functions of a member;

the corporation may by notice in writing to that member remove him from office; and thereupon the office shall become vacant.

Allowances to members E+W

11 E+W A corporation shall have power to pay to the members of the corporation such travelling, subsistence or other allowances as the corporation may determine.

Election of chairman E+W

12 (1) The members of a corporation shall elect a chairman from among their number. E+W

(2) The chairman shall hold office for such period as the corporation may determine.

(3) A member of a corporation who is employed at the institution or a student at the institution is not eligible for election as chairman of the corporation.

Committees E+W

13 (1) A corporation may establish a committee for any purpose. E+W

(2) The number of members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the corporation.

(3) Such a committee may include persons who are not members of the corporation.

Proceedings E+W

14 E+W The validity of any proceedings of a corporation or of any committee of a corporation shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.

15 E+W In the event of an equality of votes at any meeting of a corporation the chairman of the corporation shall have a second or casting vote.

Application of seal and proof of instruments E+W

16 E+W The application of the seal of the corporation shall be authenticated by the signature of the chairman of the corporation or of some other member authorised either generally or specially by the corporation to act for that purpose together with that of any other member.

17 E+W Every document purporting to be an instrument made or issued by or on behalf of a corporation and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts E+W

18 (1) It shall be the duty of each corporation— E+W

(a) to keep proper accounts and proper records in relation to the accounts; and

(b) to prepare in respect of each financial year of the corporation a statement of accounts.

(2) The statement shall—

(a) give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and

(b) comply with any directions given by [F379 the higher education funding council] as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

[F380 (2A) The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.]

(3) The accounts (including any statement prepared under this paragraph) shall be audited by persons appointed in respect of each financial year by the corporation.

(4) The corporation shall consult, and take into account any advice given by, the Audit Commission for Local Authorities in England and Wales before appointing any auditor under sub-paragraph (3) above in respect of their first financial year.

[F381 (5) No person shall be qualified to be appointed auditor under that sub-paragraph except—

(a) an individual, or firm, eligible for appointment as a [F382 statutory auditor under Part 42 of the Companies Act 2006];

(b) a member of the Chartered Institute of Public Finance and Accountancy; or

(c) a firm each of the members of which is a member of that institute.]

(6) In this paragraph, in relation to a corporation—

• “the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and

• “financial year” means that period and each successive period of twelve months.

Textual Amendments

F379 Words in Sch. 7 para. 18(2)(b) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 59(b)(i); S.I. 1992/831, art. 2, Sch.1.

F380 Sch. 7 para. 18(2A) inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(3)(b); S.I. 1992/831, art. 2, Sch.1.

F381 Sch. 7 para. 18(5) substituted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 59(b)(ii); S.I. 1992/831, art. 2, Sch.1.

F382 Words in Sch. 7 para. 18(5)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(kk)(ii) (with arts. 6, 11, 12)

Modifications etc. (not altering text)

C147 Sch. 7 para. 18: power to exclude conferred (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 78(2); S.I. 1992/831, art. 2, Sch.1.

Efficiency studies E+W

F383 19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383 Sch. 7 para. 19 repealed (6. 5. 92) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 59(c), Sch.9; S.I. 1992/831, art. 2, Sch.1.

[F384 Schedule 7A E+W Instruments of government made by Privy Council

Textual Amendments

F384 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Name of corporation E+W

F385 1 E+W The instrument shall empower the corporation to change their name with the consent of the Privy Council.

Textual Amendments

F385 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Membership E+W

F386 2 E+W The instrument shall make provision for the membership of the corporation which meets all the requirements of paragraphs 3 to 5 below.

Textual Amendments

F386 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

F387 3 (1) The corporation shall consist of— E+W

(a) not less than twelve and not more than twenty-four members appointed in accordance with the following provisions; and

(b) the person who is for the time being the principal of the institution, unless he chooses not to be a member.

(2) Of the appointed members—

(a) up to thirteen (referred to below in this Schedule as the “independent members”) shall be persons appearing to the appointing authority to have experience of, and to have shown capacity in, industrial, commercial or employment matters or the practice of any profession;

(b) up to two may be teachers at the institution nominated by the academic board and up to two may be students at the institution nominated by the students at the institution; and

(c) at least one and not more than nine (referred to below in this Schedule as the “co-opted members”) shall be persons nominated by the members of the corporation who are not co-opted members.

(3) The co-opted member required by sub-paragraph (2)(c) above shall be a person who has experience in the provision of education.

(4) A person (other than a person appointed in pursuance of sub-paragraph (2)(b) above) who is—

(a) employed at the institution (whether or not as a teacher);

(b) a full-time student at the institution; or

(c) an elected member of any local authority,

is not eligible for appointment as a member of the corporation otherwise than as a co-opted member.

(5) For the purposes of this paragraph, a person who is not for the time being enrolled as a student at the institution shall be treated as such a student during any period when he has been granted leave of absence from the institution for the purposes of study or travel or for carrying out the duties of any office held by him in the student union at the institution.

(6) It shall be for the appointing authority to determine any question as to whether any person is qualified in accordance with the preceding provisions of this paragraph for appointment as a member of the corporation of any description or category.

Textual Amendments

F387 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Numbers E+W

F388 4 (1) The corporation shall make a determination with respect to their membership numbers. E+W

(2) Such a determination shall fix the number of members of each variable category of which the corporation are to consist, subject to the limits applicable in relation to that category in accordance with paragraph 3 above.

(3) In making such a determination, the corporation shall secure that at least half of all the members of the corporation, when constituted in accordance with the determination, will be independent members.

(4) Such a determination shall not have effect so as to terminate the appointment of any person who is a member of the corporation at the time when it takes effect.

(5) Such a determination may be varied by a subsequent determination.

Textual Amendments

F388 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Appointments E+W

F389 5 (1) Subject to section 124C of this Act, no appointment of members of the corporation may be made before the first determination of the corporation in accordance with paragraph 4 above takes effect. E+W

(2) Subject to that section, the corporation are the appointing authority in relation to the appointment of any member of the corporation other than an independent member.

(3) Where an appointment of an additional independent member of the corporation falls to be made in consequence of a determination in accordance with paragraph 4 above, the appointing authority in relation to the appointment—

(a) shall be the corporation if the appointment is made within the period of three months beginning with the date of the determination; or

(b) if the appointment is not made within that period, shall be the current independent members of the corporation.

(4) Where a vacancy in the office of an independent member of the corporation arises on any existing independent member ceasing to hold office on the expiry of his term of office—

(a) his successor shall not be appointed more than six months before the expiry of that term; and

(b) the appointing authority in relation to the appointment of his successor—

(i) shall be the corporation if the appointment is made not less than three months before the expiry of that term; or

(ii) if the appointment is not so made, shall be the current independent members of the corporation.

(5) Where a vacancy in the office of an independent member of the corporation arises on the death of any such member or on any such member ceasing to hold office in accordance with the instrument, the appointing authority in relation to the appointment of his successor—

(a) shall be the corporation if the appointment is made within the period of three months beginning with the date of death or the the date on which the office becomes vacant (as the case may be); or

(b) if the appointment is not made within that period, shall be the current independent members of the corporation.

(6) No appointment of an independent member of the corporation by the corporation in accordance with sub-paragraph (3)(a), (4)(b)(i) or (5)(a) above shall be made unless the appointment has been approved by the current independent members of the corporation.

(7) If the number of independent members of the corporation falls below the number needed in accordance with its articles of government for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum.

Textual Amendments

F389 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Tenure of office etc. E+W

F390 6 E+W Subject to any other requirements of this Act, the instrument may provide for the eligibility of persons for membership of the corporation and shall provide for their period of office and the circumstances in which they are to cease to hold office.

Textual Amendments

F390 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Officers E+W

F391 7 E+W The instrument shall provide for one or more officers to be chosen from among the members.

Textual Amendments

F391 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Committees E+W

F392 8 E+W The instrument may provide for the corporation to establish committees and permit such committees to include persons who are not members of the corporation.

Textual Amendments

F392 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Allowances E+W

F393 9 E+W The instrument may provide for the corporation to pay allowances to its members.

Textual Amendments

F393 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Seal of corporation E+W

F394 10 E+W The instrument shall provide for the authentication of the application of the seal of the corporation.

Textual Amendments

F394 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Interpretation E+W

F395 11 E+W References in this Schedule, in relation to a corporation, to a variable category of members are references to any category of members in relation to which the number applicable in accordance with paragraph 3 above is subject to variation.]

Textual Amendments

F395 Sch. 7A inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 71(4), Sch.6; S.I. 1992/831, art. 2, Sch.1.

Sections 134 and 197.

SCHEDULE 8 U.K. The Funding Councils and the Assets Board

Modifications etc. (not altering text)

C148 Power to amend Sch. 8 conferred (1.2.1999) by 1998 c. 31, s. 137(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1.

C149 Sch. 8 repealed (1.4.1993 with effect in so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council) by 1992 c. 13, s. 93(1), Sch. 8 Pt. I para. 60; S.I. 1992/831, art. 2, Sch. 3.

Preliminary E+W+S

1 E+W+S References below in this Schedule to the Corporation are references to each of the following bodies—

(a) the Universities Funding Council;

(b) the Polytechnics and Colleges Funding Council; and

(c) the Education Assets Board.

Supplementary powers E+W+S

2 (1) Subject to sub-paragraph (2) below, the Corporation shall have power to do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular power— E+W+S

(a) to acquire and dispose of land and other property;

(b) to enter into contracts;

(c) to invest any sums not immediately required for the purpose of the discharge of their functions; and

(d) to accept gifts of money, land or other property.

(2) Sub-paragraph (1) above does not confer power to borrow money, except in the case of the Education Assets Board; but the power of that Board to borrow money shall be subject to the approval of the Secretary of State in the case of each transaction.

Chief officer E+W+S

3 (1) One of the members of the Corporation shall be the chief officer of the Corporation. E+W+S

(2) The first chief officer of the Corporation shall be appointed as such by the Secretary of State and shall hold and vacate office in accordance with the terms of his appointment.

(3) Each subsequent chief officer shall be appointed by the Corporation with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the Corporation may with the approval of the Secretary of State determine.

(4) On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the Corporation and the terms and conditions of his appointment, the Secretary of State shall—

(a) if that person is not already a member of the Corporation, appoint him as a member for the same term as the term of his appointment as chief officer; or

(b) if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Qualifications of members and tenure of office E+W+S

4 (1) A person shall hold and vacate office as a member or as chairman or chief officer of the Corporation in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. E+W+S

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the Corporation.

5 E+W+S If the Secretary of State is satisfied that a member of the Corporation—

(a) has been absent from meetings of the Corporation for a period longer than six consecutive months without the permission of the Corporation; or

(b) is unable or unfit to discharge the functions of a member;

the Secretary of State may by notice in writing to that member remove him from office; and thereupon the office shall become vacant.

Salaries, allowances and pensions for members E+W+S

6 (1) The Corporation— E+W+S

(a) shall pay to the members of the Corporation such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine; and

(b) shall pay, or make such payments towards the provision of, such pension to or in respect of any member of the Corporation as the Secretary of State may determine.

(2) If a person ceases to be a member of the Corporation and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Corporation to make to that person a payment of such amount as the Secretary of State may determine.

F396 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F396 Sch. 8 para. 6(3) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 20(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.

House of Commons disqualification U.K.

7 U.K. In Part III of Schedule 1 to the M20 House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate places the following entries—

“Any member of the Universities Funding Council in receipt of remuneration.

Any member of the Polytechnics and Colleges Funding Council in receipt of remuneration.

Any member of the Education Assets Board in receipt of remuneration.”.

Marginal Citations

M20 1975 c. 24.

Staff U.K.

8 (1) The Corporation may appoint such employees as the Corporation think fit. U.K.

(2) The Corporation shall pay to their employees such remuneration and allowances as the Corporation may determine.

(3) The employees shall be appointed on such other terms and conditions as the Corporation may determine.

(4) A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State F397 . . ..

(5) Employment with the Corporation shall be included among the kinds of employment to which a scheme under section 1 of the M21 Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” there shall be inserted—

“Universities Funding Council.

Polytechnics and Colleges Funding Council.

Education Assets Board.”

(6) The Corporation shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.

(7) Where an employee of the Corporation is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Corporation the [F398 Secretary of State] may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Corporation (whether or not any benefits are payable to or in respect of him by virtue of paragraph 6 above).

Textual Amendments

F397 Words in Sch. 8 para. 8(4) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 20(b)(i), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.

F398 Words in Sch. 8 para. 8(7) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 20(b)(ii) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.

Marginal Citations

M21 1972 c. 11.

Committees E+W+S

9 (1) The Corporation may establish a committee for any purpose. E+W+S

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Corporation.

(3) Such a committee may include persons who are not members of the Corporation.

(4) The Corporation shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Scottish and Welsh Committees of Universities Funding Council E+W+S

10 E+W+S The Universities Funding Council shall establish committees under paragraph 9 above for the purpose of advising the Council on the exercise of their functions in relation to universities in Scotland and universities in Wales respectively.

Delegation of Functions E+W+S

11 E+W+S The Corporation may authorise the chairman, the chief officer or any committee established under paragraph 9 above to exercise such of their functions as they may determine.

Proceedings E+W+S

12 E+W+S Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the Corporation under section 134 of this Act—

(a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Corporation or of any committee of the Corporation; and

(b) the Secretary of State shall be entitled to receive copies of any documents distributed to members of the Corporation or of any such committee.

13 E+W+S The validity of any proceedings of the Corporation or of any committee of the Corporation shall not be affected by a vacancy among the members or by any defect in the appointment of a member.

14 E+W+S Subject to the preceding provisions of this Schedule, the Corporation shall have power to regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments E+W+S

15 E+W+S The application of the seal of the Corporation shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Corporation to act for that purpose and of one other member.

16 E+W+S Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by a person authorised by the Corporation to act in that behalf shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts E+W+S

17 (1) It shall be the duty of the Corporation— E+W+S

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year of the Corporation a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(3) In this paragraph “financial year” means the period beginning with the date on which the Corporation is established and ending with the second 31st March following that date, and each successive period of twelve months.

Modifications etc. (not altering text)

C150 Sch. 8 para. 17 modified (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(4); S.I. 1992/831, art. 2, Sch.1.

Section 161.

SCHEDULE 9 E+W Determination of Full-time Equivalent Enrolment Numbers

Full-time equivalent enrolment numbers E+W

1 (1) The full-time equivalent enrolment number at any time of any educational institution for courses of any description is the aggregate of— E+W

(a) the number of full-time students enrolled at that institution at that time to follow courses of that description; and

(b) the numbers arrived at under sub-paragraph (2) below for each mode of attendance at such courses specified in column 1 of the table in paragraph 2 below.

(2) The number for each mode of attendance so specified is that arrived at by multiplying by the appropriate multiplier the number of students enrolled at the institution at the time in question to follow such courses by that mode of attendance.

(3) In sub-paragraph (2) above “the appropriate multiplier” means, in relation to a mode of attendance so specified, the figure given in relation to that mode of attendance—

(a) in column 2 of the table, in the case of courses of advanced further education or courses of higher education; and

(b) in column 3 of the table, in any other case.

Table for determining full-time equivalents for sandwich courses and part-time study E+W

2 E+W The following table applies for the purpose of determining the numbers mentioned in paragraph 1(1)(b) above—

(1)	(2)	(3)
Mode of attendance	Multiplier	Multiplier
Sandwich course	0.9	0.75
Block release	0.4	0.3
Day release	0.4	0.3
Part-time (other than day release but including some day-time study)	0.4	0.125
Part-time (evening only study)	0.2	0.075
Open or distance learning	0.2	0.075

Interpretation of paragraphs 1 and 2 E+W

3 (1) For the purposes of paragraph 1(1)(a) above a student is a full-time student in relation to a course of any description if all his studies for the purposes of that course are full-time studies. E+W

(2) For the purposes of paragraph 2 above—

(a) a student’s mode of attendance at a course of any description is by way of a sandwich course if—

(i) in following that course, he engages in periods of full-time study for the purposes of the course alternating with periods of full-time work experience which form part of that course; and

(ii) his average period of full-time study for the purposes of the course for each academic year included in the course is nineteen weeks or more;

(b) a student’s mode of attendance at a course of any description is by way of block release if—

(i) the course involves a period of full-time study interrupted by a period of industrial training or employment (whether or not it also includes study on one or two days a week during any other period); and

(ii) his average period of full-time study for the purposes of the course for each academic year included in the course is less than nineteen weeks;

(c) a student’s mode of attendance at a course of any description is by way of day release if—

(i) he is in employment; and

(ii) he is released by his employer to follow that course during any part of the working week; and

(d) a student’s mode of attendance at a course of any description is by way of open or distance learning if—

(i) he is provided for the purposes of the course with learning material for private study; and

(ii) his written work for the purposes of the course is subject to a marking and comment service provided for students following the course by private study (whether or not any additional advisory or teaching services are also provided for such students as part of the course).

Amendment of paragraphs 1 to 3 E+W

4 E+W The Secretary of State may by order amend paragraphs 1 to 3 above except so far as they apply for determining an institution’s full-time equivalent enrolment number for any courses or (as the case may be) an institution’s total full-time equivalent enrolment number on 1st November 1985.

Exclusion of non-EEC students E+W

5 E+W For the purpose of determining under those paragraphs the full-time equivalent enrolment number at any time of any educational institution for courses of any description, any student enrolled at the institution whose ordinary place of residence then was or is in a country or territory other than a member State shall be disregarded.

Sections 198 and 228.

SCHEDULE 10 E+W Supplementary Provisions with respect to Transfers

Modifications etc. (not altering text)

C151 Sch. 10: functions conferred by The Education (Inner London Education Authority) (Transfer of Functions) Order 1991 (S.I.1991/1457), arts. 2(b), 3

Sch. 10 applied (with modifications) (1.4.1999 in relation to s. 74 of the amending Act and 1.9.1999 in relation to Sch. 21 of the amending Act) by School Standards and Framework Act 1998 (c. 31), s. 74, Sch. 21 Pt. I para. 2(3) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1, s. 74 ; S.I. 1999/2323, art. 2(1), Sch.

Power to amend conferred (1.2.1999) by School Standards and Framework Act 1998 (c. 31), s. 137(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Sch. 10 applied (with modifications) (1.1.2001) by The Education (New Procedures for Property Transfers) Regulations 2000 (S.I. 2000/3209), regs. 5, 6, 7, Sch. 1

Sch. 10 modified (E.) (1.1.2001) by The Education (New Procedures for Property Transfers) Regulations 2000 (S.I. 2000/3209), regs. 15, 17, (with regs. 18, 19)

Sch. 10 modified (W.) (1.9.2001) by The Change of Category of Maintained Schools (Wales) Regulations 2001 (S.I. 2001/2678), reg. 16, Sch. 4 para. 2

C152 Sch. 10 applied (E.) (25.5.2007) by The School Governance (Federations) (England) Regulations 2007 (S.I. 2007/960), regs. 1(1), 41(2), 46(2)

[F399 Division and apportionment of property etc.] E+W

Textual Amendments

F399 Crossheading and Sch. 10 para. 1 substituted (1.2.1999) by 1998 c. 31, s. 137 Sch. 29 para.3 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4)

F400 [1 (1) Any property, rights and liabilities of a transferor authority held or used or subsisting— E+W

(a) for the purposes of more than one relevant institution; or

(b) partly for the purposes of one or more relevant institutions and partly for other purposes of the transferor authority;

shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor authority and the transferee or transferees, in such proportions as may be appropriate.

(2) Any property, rights or liabilities of a transferor body shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor body and the transferee or transferees, in such proportions as may be appropriate.

(3) Where any estate or interest in land falls to be divided in accordance with either sub-paragraph (1) or sub-paragraph (2) above—

(a) any rent payable under a lease in respect of that estate or interest; and

(b) any rent charged on that estate or interest;

shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

(4) Any such property, right or liability as is mentioned in sub-paragraph (1) or (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority or body according to—

(a) in the case of an estate or interest in land, whether on the transfer date the transferor authority or body or the transferee (or one or other of the transferees) appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or

(b) in the case of any other property or any right or liability, which of them appears on the transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;

subject (in either case) to such arrangements for the protection of the other person or persons concerned as may be agreed between the transferor authority or body and the relevant person or determined by the Secretary of State under paragraph 3 below.

(5) In this paragraph—

(a) “relevant institution” means—

(i) any institution which a body corporate is established under this Act to conduct;

(ii) any institution to which section 130 of this Act applies; and

(iii) any maintained school;

(b) “the relevant person” means—

(i) in a case where the transferor is a transferor authority, the Education Transfer Council;

(ii) in a case where the transferor is a transferor body, the transferee;

(c) references to a transferor authority are references to a local authority who are the transferor for the purposes of any transfer to which this Schedule applies;

(d) references to a transferor body are references to any foundation body who are the transferor for the purposes of any transfer to which this Schedule applies;

and for the purposes of this sub-paragraph references to a maintained school or a foundation body have the same meaning as in the School Standards and Framework Act 1998.]

Textual Amendments

F400 Sch. 10 para. 1 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.3; S.I. 1999/120, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C153 Sch. 10 paras. 1-3 applied (with modifications) (1.1.2001) by S.I. 2000/3209, reg. 5(2), Sch. 1

[F401 Identification of property, rights and liabilities] E+W

Textual Amendments

F401 Crossheading and Sch. 10 para. 2 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.4 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F402 [2 (1) It shall be the duty of the transferor and the relevant person, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(4) above and as will— E+W

(a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and

(b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act or of the 1998 Act (or any regulations made under it) under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee.

(2) Any such agreement shall provide so far as it is expedient—

(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b) for the granting of indemnities in connection with the severance of leases and other matters;

(c) for responsibility for registration of any matter in any description of statutory register.

(3) Except in a case where the transferor is a local authority, the Education Transfer Council shall—

(a) assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;

(b) advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;

(c) assist such persons to negotiate any such agreement or instrument and mediate in any such negotiations;

(d) prepare drafts of any such agreement or instrument; and

(e) assist the parties in executing and giving effect to any such agreement or instrument.

(4) If and to the extent that they are requested to do so by any person falling to make a transfer agreement under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act, the Education Transfer Council shall exercise any one or more functions falling within sub-paragraph (3) above in relation to such an agreement, or an instrument made pursuant to such an agreement, as if it were an agreement or instrument falling to be made under sub-paragraph (1) above.

(5) Any transfer of any estate or interest in land under this paragraph or under paragraph 1 above (whether by virtue of an agreement or instrument entered into before or after the transfer date) shall be regarded as having taken place on the transfer date.

(6) In this paragraph—

• “the 1998 Act” means the School Standards and Framework Act 1998; and

• “the relevant person” means—

  (a)

  in a case where the transferor is a local authority, the Education Transfer Council;

  (b)

  in a case where the transferor is not a local authority, the transferee.]

Textual Amendments

F402 Sch. 10 para. 2 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.4; S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Modifications etc. (not altering text)

C154 Sch. 10 para. 2 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 2 applied (with modifications) (E.) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by S.I. 2000/1867, reg. 2, Sch.)

Sch. 10 paras. 1-3 applied (with modifications) (1.1.2001) by S.I. 2000/3209, reg. 5(2), Sch. 1

[F403 Resolution of disputes] E+W

Textual Amendments

F403 Crossheading and Sch. 10 para. 3 substituted for Sch. 10 para. 3 (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.5 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F404 [3 (1) The Education Transfer Council shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached. E+W

(2) Where the Secretary of State has received a notification from the Council under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.

(3) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee on the transfer date.

(4) The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.

(5) The Education Transfer Council shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph.]

Textual Amendments

F404 Sch. 10 para. 3 and crossheading substituted for Sch. 10 para. 3 (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.5; S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Modifications etc. (not altering text)

C155 Sch. 10 para. 3 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 3 applied (with modifications) (E.) (31.12.1999) by S.I. 1999/362, reg. 54A(1), 54C(1) (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Sch. 10 paras. 1-3 applied (with modifications) (1.1.2001) by S.I. 2000/3209, reg. 5(2), Sch. 1

Right to production of documents of title E+W

4 [F405 (1) Where a transfer [F406 to which this Schedule applies] relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee. E+W

(2)]

Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to any land or other property transferred to the transferee, the transferor shall be treated as having given to the transferee an acknowledgment in writing of the right of the transferee to production of that document and to delivery of copies of it; and section 64 of the M22 Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section.

Textual Amendments

F405 Sch. 10 para. 4(1) and word inserted (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 65; S.I. 1992/831, art. 2, Sch. 1 (with art. 4).

F406 Words in Sch. 10 para. 4(1) substituted (1.1.1994) by 1993 c. 35, s. 47(8) (with s. 155(11)); S.I. 1993/3106, art. 4, Sch.1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art.2)(and continued (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 82(2)(b) (with ss. 1(4), 561, 562, Sch. 39).

Modifications etc. (not altering text)

C156 Sch. 10 para. 4 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 4 applied (with modifications) (E.) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (31.7.2000) by 2000/1867, reg. 2, Sch. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Marginal Citations

M22 1925 c. 20.

Proof of title by certificate E+W

5 E+W [F407 The Education Transfer Council] may issue a certificate stating that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, was or was not transferred by virtue of this Act [F408 or of the School Standards and Framework Act 1998] to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact.

Textual Amendments

F407 Words in Sch. 10 para. 5 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.10; S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F408 Words in Sch. 10 para. 5 substituted (1.2.1999) by virtue of 1998 c. 31, s. 137, Sch. 29 para.6; S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C157 Sch. 10 para. 5 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 5 applied (with modifications) (E. ) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Construction of agreements E+W

6 (1) Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, the agreement shall, unless the context otherwise requires, have effect on and after the transfer date as if— E+W

(a) the transferee had been a party to the agreement;

(b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;

(c) any reference (whether express or implied and, if express, however worded) to a specified officer of the transferor or a person employed by the transferor in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to an officer or employee of the transferee who corresponds as closely as possible to the person referred to in the agreement;

(d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part;

and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

(2) This paragraph applies to any agreement whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned by the transferor.

Modifications etc. (not altering text)

C158 Sch. 10 paras. 6-8 applied (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13, para.15; S.I. 1993/3106, art. 4, Sch.1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art.2).

Sch. 10 paras. 6-8 applied (1.11.1996) by 1996 c. 56, ss. 88(1), 583, Sch. 7 para. 12 (with ss. 1(4), 561, 562, Sch. 39).

Sch. 10 paras. 6-8 applied (1.9.1999) by 1998 c. 31, s. 76, Sch. 22 Pt. III para. 9(2) (with s. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Sch. 10 paras. 6-8 extended (1.9.1999) by S.I. 1999/2243, reg. 44(2).

Sch. 10 paras. 6-8 applied (1.9.1999) by S.I. 1999/2262, reg. 44(2).

C159 Sch. 10 paras. 6-8 extended (10.3.1999) by S.I. 1999/362, reg. 25(2).

C160 Sch. 10 para. 6 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 6 applied (with modifications) (E.) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch. )

7 (1) Without prejudice to the generality of paragraph 6 above, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act [F409 or of the School Standards and Framework Act 1998] as he would have had if that right or liability had at all times been a right or liability of the transferee. E+W

(2) Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act [F409 or of the School Standards and Framework Act 1998], or to any agreement relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.

Textual Amendments

F409 Words in Sch. 10 para. 7 inserted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 144(d); S.I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2) and words substituted for those words (1.2.1999) by virtue of 1998 c. 31, s. 137, Sch. 29 para.7 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Modifications etc. (not altering text)

C161 Sch. 10 paras. 6-8 applied (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13, para. 15; S.I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).

Sch. 10 paras. 6-8 applied (1.11.1996) by 1996 c. 56, ss. 88(1), 583, Sch. 7 para. 12 (with ss. 1(4), 561, 562, Sch. 39).

Sch. 10 paras. 6-8 extended (1.9.1999) by S.I. 1999/2243, reg. 44(2).

Sch. 10 paras. 6-8 applied (1.9.1999) by S.I. 1999/2262, reg. 44(2).

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

C162 Sch. 10 paras. 6-8 applied (1.9.1999) by 1998 c. 31, s. 76, Sch. 22 Pt. III para. 9(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C163 Sch. 10 para. 7 extended (10.3.1999) by S.I. 1999/362, reg. 25.

C164 Sch. 10 para. 7 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a)

Sch. 10 para. 7 applied (with modifications) (E. ) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

8 E+W The provisions of paragraphs 6 and 7 above shall have effect for the interpretation of agreements subject to the context, and shall not apply where the context otherwise requires.

Modifications etc. (not altering text)

C165 Sch. 10 paras. 6-8 applied (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13, para.15; S.I. 1993/3106, art. 4, Sch.1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art.2).

Sch. 10 paras. 6-8 applied (1.11.1996) by 1996 c. 56, ss. 88(1), 583, Sch. 7 para. 12 (with ss. 1(4), 561, 562, Sch. 39).

Sch. 10 paras. 6-8 applied (1.9.1999) by 1998 c. 31, s. 76, Sch. 22 Pt. III para. 9(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Sch. 10 paras. 6-8 extended (1.9.1999) by S.I. 1999/2243, reg. 44(2).

Sch. 10 paras. 6-8 applied (1.9.1999) by S.I. 1999/2262, reg. 44(2).

C166 Sch. 10 para. 8 extended (10.3.1999) by S.I. 1999/362, reg. 25.

C167 Sch. 10 para. 8 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a)

Sch. 10 para. 8 applied (with modifications) (E. ) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1) (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (31.7.2000) by 2000/1867, reg. 2, Sch. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Third parties affected by vesting provisions E+W

9 (1) Without prejudice to the generality of paragraphs 6 to 8 above, any transaction effected between a transferor and a transferee in pursuance of paragraph 2(1) or of a direction under paragraph 3 above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the transferor and the transferee. E+W

(2) If as a result of any such transaction any person’s rights or liabilities become enforceable as to part by or against the transferor and as to part by or against the transferee, the [F410 the Education Transfer Council] shall give that person written notification of that fact.

(3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule—

(a) the rights or liabilities of any person other than the transferor or the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee; and

(b) the value of any property or interest of that person is thereby diminished;

such compensation as may be just shall be paid to that person by the transferor, the transferee or both.

(4) Any dispute as to whether and if so how much compensation is payable under sub-paragraph (3) above, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor.

(5) Where the transferor or the transferee under a transfer to which this Schedule applies purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or other property which before the transfer date belonged to the transferor, or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties to it and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

(6) A court shall have the power set out in sub-paragraph (7) below if at any stage in proceedings before it to which the transferor or transferee under a transfer to which this Schedule applies and a person other than the transferor or the transferee are parties it appears to it that the issues in the proceedings—

(a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and [F410 the Education Transfer Council][F411 or (as the case may be) the transferee]have not yet effected; or

(b) raise a question of construction on the relevant provisions of this Act [F412 or of the School Standards and Framework Act 1998] which would not arise if the transferor and the transferee constituted a single person.

(7) In any such case the court may, if it thinks fit on the application of a party to the proceedings other than the transferor or the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person.

(8) Any judgment or order given by a court in proceedings determined on that footing shall bind both the transferor and the transferee accordingly.

(9) It shall be the duty of the transferor and of [F410 the Education Transfer Council][F413 or (as the case may be) the transferee] to keep one another informed of any case where the transferor or the transferee under a transfer to which this Schedule applies may be prejudiced by sub-paragraph (5) above or any judgment or order given by virtue of sub-paragraph (8) above.

(10) If either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by the Secretary of State.

Textual Amendments

F410 Words in Sch. 10 para. 9(2)(6)(a)(9) substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.10 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F411 Words in Sch. 10 para. 9(6)(a) inserted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para. 8(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F412 Words in Sch. 10 para. 9(6)(b) inserted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 144(d); S.I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2 ) and words substituted for those words (1.2.1999) by virtue of 1998 c. 31, s. 137, Sch. 29 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F413 Words in Sch. 10 para. 9(9) inserted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para. 8(c) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Modifications etc. (not altering text)

C168 Sch. 10 para. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a)

Sch. 10 para. 9 applied (with modifications) (E.) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Delivery of documents to transferee E+W

10 E+W When it appears to [F414 the Education Transfer Council], in the case of any transfer [F415 under which the transferor is a local authority], that any agreements and instruments required to be made or executed in pursuance of paragraph 2(1) above or in pursuance of a direction under paragraph 3 above have been made or executed, [F416 the Council] shall deliver those agreements and instruments (if any) to the transferee.

Textual Amendments

F414 Words in Sch. 10 para. 10 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.10 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F415 Words in Sch. 10 para. 10 inserted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.10 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

F416 Words in Sch. 10 para. 10 substituted (1.2.1999) by 1998 c. 31, s. 137, Sch. 29 para.10 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).

Modifications etc. (not altering text)

C169 Sch. 10 para. 10 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 54(6)(a).

Sch. 10 para. 10 applied (with modifications) (E. ) (31.12.1999) by S.I. 1999/362, regs. 54A(1), 54C(1), (as substituted (E.) (31.12.1999) by S.I. 1999/3297, reg. 2)

Sch. 10 paras. 2-10 applied (with modifications) (W.) (31.7.2000) by S.I. 1999/362, reg. 54A(1) (as substituted (W.) (31.7.2000) by 2000/1867, reg. 2, Sch.)

Section 202.

SCHEDULE 11 E+W+S The University Commissioners

Appointment E+W+S

1 (1) The Secretary of State shall appoint five persons to be the University Commissioners (in this Schedule referred to as “the Commissioners”). E+W+S

(2) The Secretary of State may appoint a person to fill the place of any Commissioner (including one appointed under this sub-paragraph) who dies, resigns or is removed from office.

(3) The name of every person appointed under sub-paragraph (2) above shall be laid before Parliament.

Tenure of office E+W+S

2 (1) A person may at any time by notice in writing to the Secretary of State resign his office as Commissioner. E+W+S

(2) If the Secretary of State is satisfied that a Commissioner is unable or unfit to discharge the functions of a Commissioner the Secretary of State may by notice in writing to the Commissioner remove him from office.

Duration E+W+S

3 (1) Subject to sub-paragraph (2) below, the Commissioners’ duties and powers shall cease at the end of the period of three years beginning with the day on which section 202 of this Act comes into force. E+W+S

(2) The Secretary of State may by order provide for the Commissioners’ duties and powers—

(a) to cease at the end of such shorter period; or

(b) to continue for such longer period,

as may be specified in the order.

Powers E+W+S

4 E+W+S The Commissioners shall have power to do anything which appears to them necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular power to require any officer of a qualifying institution to furnish any information, or to produce any documents, relating to the institution or its instruments of government.

Remuneration E+W+S

5 E+W+S The Secretary of State may pay the Commissioners such remuneration as he may with the consent of the Treasury determine.

Staff E+W+S

6 (1) The Commissioners may appoint such employees as they think fit. E+W+S

(2) The Commissioners shall pay to or in respect of their employees such remuneration and allowances as they may determine.

(3) The employees of the Commissioners shall be appointed on such terms as the Commissioners may determine.

(4) A determination under sub-paragraph (2) or (3) above shall be ineffective unless made with the approval of the Secretary of State given with the consent of the Treasury.

Expenses E+W+S

7 E+W+S The expenses of the Commissioners shall be defrayed by the Secretary of State.

Proceedings E+W+S

8 (1) The Secretary of State shall appoint one of the Commissioners to be chairman; and if the person so appointed— E+W+S

(a) ceases to be a Commissioner; or

(b) is absent from any meeting,

the Commissioners present at each meeting shall choose a chairman.

(2) The powers of the Commissioners may be exercised at a meeting at which two or more of them are present.

(3) The validity of any proceedings of the Commissioners is not affected by any vacancy among the Commissioners or any defect in the appointment of any Commissioner.

Section 237.

SCHEDULE 12 U.K. Minor and Consequential Amendments

Part I U.K. Amendments Relating to Grant-maintained Schools

The Education Act 1944 (c. 31) U.K.

F417 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F417 Sch. 12 Pt. I para. 1 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F418 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F418 Sch. 12 Pt. I para. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F419 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F419 Sch. 12 Pt. I para. 3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F420 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F420 Sch. 12 Pt. I para. 4 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F421 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F421 Sch. 12 Pt. I para. 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F422 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F422 Sch. 12 Pt. I para. 6 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F423 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F423 Sch. 12 Pt. I para. 7 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Education (Miscellaneous Provisions) Act 1953 (c. 33) U.K.

F424 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Sch. 12 Pt. I para. 8 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Charities Act 1960 (c. 58) U.K.

F425 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F425 Sch. 12 para. 9 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch.7

F426 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F426 Sch. 12 para. 10 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch.7

The Local Authorities (Goods and Services) Act 1970 (c. 39) U.K.

F427 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F427 Sch. 12 Pt. I para. 11 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

The Tribunals and Inquiries Act 1971 (c. 62) U.K.

F428 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F428 Sch. 12 Pt. I para. 12 repealed (1. 10. 1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.

The Local Government Act 1972 (c. 70) U.K.

F429 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F429 Sch. 12 Pt. I para. 13 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

The Education (Work Experience) Act 1973 (c. 23) U.K.

F430 14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F430 Sch. 12 Pt. I para. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Sex Discrimination Act 1975 (c. 65) U.K.

F431 15 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F431 Sch. 12 Pt. I para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F432 16 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F432 Sch. 12 Pt. I para. 16 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F433 17 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F433 Sch. 12 para. 17 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Race Relations Act 1976 (c. 74) U.K.

F434 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F434 Sch. 12 Pt. I para. 18 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F435 19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435 Sch. 12 Pt. I para. 19 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 and expressed to be repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

The National Health Service Act 1977 (c. 49) U.K.

F436 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436 Sch. 12 Pt. I para. 20 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F437 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F437 Sch. 12 Pt. I para. 21 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F438 22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F438 Sch. 12 Pt. I para. 22 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

The Employment Protection (Consolidation) Act 1978 (c. 44) U.K.

F439 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F439 Sch. 12 Pt. I para. 23 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I.

The Education Act 1980 (c. 20) U.K.

F440 24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F440 Sch. 12 Pt. I para. 24 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F441 25 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F441 Sch. 12 Pt. I para. 25 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Education Act 1981 (c. 60) U.K.

F442 26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F442 Sch. 12 para. 26 repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 45, Sch. 21Pt. I; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

F443 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F443 Sch. 12 paras. 27-28 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2Appendix.

F444 28 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F444 Sch. 12 paras. 27-28 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2Appendix.

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30) U.K.

29 (1) Section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) shall be amended as follows. U.K.

(2) In subsection (2), after paragraph (a) there shall be inserted the following paragraph—

“(aa) of a grant-maintained school; or”.

(3) In subsection (4), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school, by a person whom the governing body of the school”.

(4) In subsection (5), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.

(5) In subsection (7), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school may be brought by a person whom the governing body of the school”.

(6) In subsection (8), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.

The Representation of the People Act 1983 (c. 2) U.K.

F445 30 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Sch. 12 Pt. I para. 30 repealed (1.9.1999) by 1998 c. 31, s. 140(3) Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F446 31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F446 Sch. 12 Pt. I para. 31 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

32 U.K. In paragraph 1(1) of Schedule 5 to that Act (arrangements for use of school room for parliamentary election meetings), after the words “the school” there shall be inserted the words “or, in the case of a room in the premises of a grant-maintained school, with the governing body of the school”.

The Building Act 1984 (c. 55) U.K.

F447 33 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F447 Sch. 12 para. 33 repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21, Pt.I; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

The Education (No. 2) Act 1986 (c. 61) U.K.

F448 34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F448 Sch. 12 Pt. I para. 34 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F449 35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F449 Sch. 12 Pt. I para. 35 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F450 36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F450 Sch. 12 Pt. I para. 36 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F451 37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F451 Sch. 12 Pt. I para. 37 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Teachers’ Pay and Conditions Act 1987 (c. 1) U.K.

F452 38 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F452 Sch. 12 Pt. I para. 38 repealed (6. 3. 1992) by School Teachers' Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 6(3), Sch.2; S.I. 1992/532, art.3.

F453 39 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F453 Sch. 12 Pt. I para. 39 repealed (6. 3. 1992) by School Teachers' Pay and Conditions Act 1991 (c. 49, SIF 41), s. 6(3), Sch. 2; S.I. 1992/532, art.3.

Part II U.K. Amendments Consequential on Abolition of ILEA

40 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F454

Textual Amendments

F454 Sch. 12 para. 40 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Part I

The Local Government Act 1972 (c. 70) U.K.

41 U.K. In section 70 of the Local Government Act 1972 (restriction on promotion of Bills to change local government areas), for the words “Neither a” there shall be substituted the word “No”.

42 U.K. In section 78(2) of that Act (electoral arrangements: supplementary), for the words from “in paragraphs” to the end there shall be substituted the words “in Schedule 11 to this Act”.

43 U.K. In section 146A(1)(a) of that Act (miscellaneous powers of local authorities) for the words “local authorities” there shall be substituted the words “a local authority”.

44 U.K. In section 177(2) of that Act (allowances to members of local authorities: supplementary), for “(ab)” there shall be substituted “(ac)”.

F455 45 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F455 Sch. 12 paras. 45, 46 repealed (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F455 46 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F455 Sch. 12 paras. 45, 46 repealed (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

47, 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F456

Textual Amendments

F456 Sch. 12 paras. 47, 48 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Part I

49 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F457

Textual Amendments

F457 Sch. 12 para. 49 repealed (1.1.1991 save as mentioned in S.I. 1990/2437, art. 3(3)) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21

The Representation of the People Act 1983 (c. 2) U.K.

50 U.K. In section 35(4) of the Representation of the People Act 1983 (returning officers for local elections), for “3A” there shall be substituted “3”.

51 U.K. In section 40(2) of that Act (timing as to local elections), for the words “the Local Government Act 1972 and Part III of the Local Government Act 1985” there shall be substituted the words “and the Local Government Act 1972”.

The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24) U.K.

F458 52 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F458 Sch. 12 para. 52 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) U.K.

53 (1) Section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital) shall be amended as follows. U.K.

(2) In subsection (1)(c) for the words “or authority” there shall be substituted the words “of that local authority”.

(3) In subsection (9) the following definition shall be substituted for the definition of “the appropriate officer or authority”—

• ““the appropriate officer” of a local authority is such officer discharging functions of that authority in their capacity as a local education authority, or in Scotland an education authority, as may be appointed by the authority for the purposes of this section;”.

Part III U.K. Other Amendments

The Education Act 1944 (c. 31) U.K.

F459 54 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F459 Sch. 12 Pt. III para. 54 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F460 55 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F460 Sch. 12 Pt. III para. 55 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F461 56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F461 Sch. 12 Pt. III para. 56 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F462 57 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462 Sch. 12 Pt. III para. 57 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F463 58 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F463 Sch. 12 Pt. III para. 58 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F464 59 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F464 Sch. 12 Pt. III para. 59 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Education Act 1946 (c. 50) U.K.

F465 60 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F465 Sch. 12 Pt. III para. 60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Education (Miscellaneous Provisions) Act 1948 (c. 40) U.K.

F466 61 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F466 Sch. 12 Pt. III para. 61 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F467 62 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F467 Sch. 12 Pt. III para. 62 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Charities Act 1960 (c. 58) U.K.

F468 63 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468 Sch. 12 para. 63 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch.7

F469 64 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F469 Sch. 12 para. 64 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch.7

The Factories Act 1961 (c. 34) U.K.

F470 65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F470 Sch. 12 para. 65 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

The Veterinary Surgeons Act 1966 (c. 36) U.K.

66 U.K. In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment and operations which may be given or carried out by unqualified persons), in Part 1, for the words from “and in this paragraph “recognised institution”" to the end there shall be substituted the following paragraph—

“In the foregoing paragraph “recognised institution” means—

(a) as respects England and Wales—

(i) an institution maintained or assisted by a local education authority;

(ii) any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;

(b) as respects Scotland—

(i) a further education college administered by an education authority;

(ii) a central institution within the meaning of the Education (Scotland) Act 1980; or

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; and

(c) as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;

and expressions used in paragraph (a) of this paragraph and in the Education Act 1944 have the same meanings as in that Act.”

The Parliamentary Commissioner Act 1967 (c. 13) U.K.

67 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), there shall be inserted (at the appropriate place in alphabetical order)—

“Education Assets Board”.

The Local Authorities (Goods and Services) Act 1970 (c. 39) U.K.

F471 68 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F471 Sch. 12 para. 68 repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch.9; S.I. 1992/831, art. 2, Sch.3.

The Chronically Sick and Disabled Persons Act 1970 (c. 44) U.K.

69 (1) Section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, educational institutions) shall be amended as follows. U.K.

F472 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For paragraph (b) there shall be substituted the following paragraph—

“(b) schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local education authorities”.

F473 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F472 Sch. 12 para. 69(2) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F473 Sch. 12 Pt. III para. 69(4) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F474 70 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F475

Textual Amendments

F474 Sch. 12 para. 70 expressed to be repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch.9; S.I. 1992/831, art. 2, Sch.3.

F475 Sch. 12 para. 70 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Part I

The Local Government Act 1974 (c. 7) U.K.

71 U.K. In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioner) for the words from “whether”, in the second place where it occurs, to the end there shall be substituted the words “in any school or other educational establishment maintained by the authority”.

The Sex Discrimination Act 1975 (c. 65) U.K.

72 U.K. In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—

“4A. Institution within the PCFC funding sector (within the meaning of the Education Act 1944).

Governing body."

73 U.K. In section 24(2) of that Act (power to designate institutions)—

(a) paragraph (a) shall be omitted; and

(b) in paragraph (c), for the words “in accordance with a scheme approved under section 42” there shall be substituted the words “for the purposes”.

74 U.K. In section 25(6)(c) of that Act (general duty in public sector of education)—

(a) in sub-paragraph (i) after “3” there shall be inserted “4A”; and

(b) in sub-paragraph (ii) the words “(a) or” shall be omitted.

F476 75 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F476 Sch. 12 para. 75 repealed (1.10.2005) by Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), regs. 1(1), 23(2)(b)

F477 76 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F477 Sch. 12 Pt. III para. 76 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F478 77 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F478 Sch. 12 Pt. III para. 77 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Race Relations Act 1976 (c. 74) U.K.

78 U.K. In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—

“4A. Institution within PCFC funding sector (within the meaning of the Education Act 1944).

Governing body."

F479 79 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F479 Sch. 12 para. 79 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

The Employment Protection (Consolidation) Act 1978 (c. 44) U.K.

F480 80 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F480 Sch. 12 Pt. III para. 80 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I.

The Education Act 1980 (c. 20) U.K.

F481 81 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F481 Sch. 12 Pt. III para. 81 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F482 82 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F482 Sch. 12 Pt. III para. 82 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Education Act 1981 (c. 60) U.K.

F483 83 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F483 Sch. 12 paras. 83-85 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2Appendix.

F484 84 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F484 Sch. 12 paras. 83-85 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2Appendix.

F485 85 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F485 Sch. 12 paras. 83-85 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 145, Sch. 21Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2Appendix.

The Agricultural Training Board Act 1982 (c. 9) U.K.

F486 86 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F486 Sch. 12 para. 86 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 2

The Industrial Training Act 1982 (c. 10) U.K.

87 (1) Section 5 of the Industrial Training Act 1982 (functions of industrial training boards) shall be amended as follows. U.K.

(2) In subsections (1)(c) and (4)(c), for the words “further education” there shall be substituted the words “post-school education”.

F487 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F487 Sch. 12 Pt. III para. 87(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

88 U.K. In section 13(1) of that Act (proposals for exemption certificates)—

(a) in paragraph (a) for the words “further education” there shall be substituted the words “post-school education”; and

(b) after the words “in this subsection” there shall be inserted the words “ “post-school education” has the same meaning as in section 5 above and".

89 U.K. In section 14 (exemption certificates), in subsection (1) for the words “further education” there shall be substituted the words “post-school education”; and after that subsection there shall be inserted the following subsection—

“(1A) In subsection (1) above “post-school education” has the same meaning as in section 5 above.”

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30) U.K.

F488 90 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F488 Sch. 12 para. 90 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7

The Education (Fees and Awards) Act 1983 (c. 40) U.K.

91 (1) Section 1 of the Education (Fees and Awards) Act 1983 (fees at certain further education establishments) shall be amended as follows. U.K.

(2) In subsection (3), for paragraphs (b) and (c) there shall be substituted the following paragraphs—

“(b) any institution within the PCFC funding sector; and

(c) any institution which provides higher education or further education (or both) and is either maintained by a local education authority or falls within subsection (3A) below; and

(d) any further education institution in Scotland which is administered by an education authority.”

(3) After that subsection there shall be inserted the following subsection—

“(3A) An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.”.

(4) In subsection (4), after the words “Education (Scotland) Act 1980” there shall be inserted the words “and expressions used in this section and in the Education Act 1944 have the same meaning as in that Act”.

The Further Education Act 1985 (c. 47) U.K.

92 (1) Section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) shall be amended as follows. U.K.

(2) In subsection (1), for the words “a further education establishment” there shall be substituted the words “an institution which provides higher education or further education (or both)”.

(3) In subsection (2), for the word “establishment” there shall be substituted the word “institution”.

93 (1) Section 2 of that Act (powers of local authorities with respect to agreements for supply of goods and services through further education establishments) shall be amended as follows. U.K.

(2) In subsection (1)(a), for the words “a further education establishment provided by them” there shall be substituted the words “an institution which is maintained by them and provides higher education or further education (or both)”.

(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) to a corporation established under section 121 or 122 of the Education Reform Act 1988;

(b) to a company responsible for conducting an institution which—

(i) provides higher education or further education (or both); and

(ii) is either within the PCFC funding sector or is assisted by a local education authority;

(c) where such an institution as is mentioned in paragraph (b) above is not conducted by a company, to the governing body of the institution; or

(d) to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below,”.

(4) In subsection (2), for the words “establishment which he provides” there shall be substituted the words “institution conducted by the corporation, company or governing body”.

(5) In subsection (8), for the words “and (2)(b)” there shall be substituted the words “and (2)(d)”.

94 U.K. In section 3(8)(a) (financial and accounting provisions), for the word “establishment”, in both places where it occurs, there shall be substituted the word “institution”.

The Housing Act 1985 (c. 68) U.K.

95 U.K. In paragraph 10(4) of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), in the definition of “educational establishment”, for the words “establishment of further education” there shall be substituted the words “institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in the Education Act 1944".

The Agricultural Holdings Act 1986 (c. 5) U.K.

96 U.K. In paragraph 2 of Schedule 6 to the Agricultural Holdings Act 1986 (eligibility to apply for new tenancy on death or retirement of former tenant), for the words “establishment of further education” there shall be substituted the words “establishment of higher or further education”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) U.K.

97 (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) shall be amended as follows. U.K.

(2) In subsections (3)(a), (6)(b) and (9), for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”.

(3) In subsection (9), after the definition of “child” there shall be inserted the following definition—

• ““establishment of higher or further education” means an institution which provides higher education or further education (or both);”.

98 U.K. In section 6(1) of that Act (review of dates when disabled persons are expected to leave full-time education)—

(a) for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”; and

(b) in paragraph (b), for the words “further education establishments” there shall be substituted the words “establishments of higher or further education”.

The Education (No. 2) Act 1986 (c. 61) E+W

F489 99 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F489 Sch. 12 Pt. III para. 99 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

100 (1) Section 43 of that Act (freedom of speech in educational establishments) shall be amended as follows. E+W

F490 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (5), for paragraph (b) there shall be substituted the following paragraph—

“(b) any establishment of higher or further education which is maintained by a local education authority;”.

(4) In subsection (5)(c)—

(a) for the words “further education” there shall be substituted the words “further or higher education”; and

(b) for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.

Textual Amendments

F490 Sch. 12 para. 100(2) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch.9; S.I. 1992/831, art. 2, Sch.3.

101 (1) Section 49(3) of that Act (appraisal of performance of teachers) shall be amended as follows. E+W

(2) In paragraph (c), for the words “further education establishment provided” there shall be substituted the words “establishment of higher or further education maintained”.

(3) In paragraph (d)—

(a) for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”; and

(b) for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.

F491 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In paragraph (e), for the word “(d)” there shall be substituted the word “(da)”.

(6) In paragraph (f), for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”.

Textual Amendments

F491 Sch. 12 para. 101(4) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 66, Sch.9; S.I. 1992/831, art. 2, Sch.3.

F492 102 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F492 Sch. 12 Pt. III para. 102 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

F493 103 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F493 Sch. 12 Pt. III para. 103 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

104 E+W In section 61(1) of that Act (minimum age for governors of certain educational establishments), for the words from “(a) which is” to “of government” there shall be substituted the words “which is maintained by a local education authority and which provides higher education or further education (or both)”.

105 E+W In section 65(1) of that Act (interpretation) after the definition of “co-opted governor” there shall be inserted the following definition—

• ““establishment of higher or further education” means an institution which provides higher education or further education (or both);”.

F494 106 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F494 Sch. 12 Pt. III para. 106 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).

The Local Government Act 1988 (c. 9) U.K.

107 U.K. In paragraph 5(4) of Schedule 1 to the Local Government Act 1988 (catering to which the competition provisions of that Act apply) for the words from “for which” to the end there shall be substituted the words “which is maintained by a local education authority and provides higher education or further education (or both)”.

Section 237.

SCHEDULE 13 U.K. Repeals

Part I U.K. Repeals coming into force on abolition of ILEA

Chapter	Short title	Extent of repeal
2 & 3 Eliz. 2. c. 56.	The Landlord and Tenant Act 1954.	In section 69(1), in the definition of “local authority”, the words “the Inner London Education Authority and”.
9 & 10 Eliz. 2. c. 62.	The Trustee Investments Act 1961.	In section 11(4)(a) the words “the Inner London Education Authority”.
		In Schedule 1, in Part II, paragraph 9(h).
10 & 11 Eliz. 2. c. 56.	The Local Government (Records) Act 1962.	In section 2(6) the words “to the Inner London Education Authority”.
		In section 8(1) the words “the Inner London Education Authority”.
1963 c. 33.	The London Government Act 1963.	In section 5(3) the words “the Inner London Education Authority”.
		Section 31(10).
		Section 32(7).
		In section 75(4) the words “the Inner London Education Authority and”.
		Section 81(9)(a).
		In section 83(2) the words “or by the Inner London Education Authority”.
		In section 89(1) the definitions of “Inner London Education Area” and “Inner London Education Authority”.
1966 c. 42.	The Local Government Act 1966.	In section 11(3) the words “the Inner London Education Authority and”.
1967 c. 88.	The Leasehold Reform Act 1967.	In section 28(5)(a) the words “the Inner London Education Authority”.
		In Schedule 4A, in paragraph 2(2)(b) the words “the Inner London Education Authority or”.
1969 c. 2.	The Local Government Grants (Social Need) Act 1969.	In section 1(3) the words “the Inner London Education Authority and”.
1969 c. 48.	The Post Office Act 1969.	In section 86(1), in the definition of “local authority”, the words “the Inner London Education Authority”.
1969 c. 57.	The Employers’ Liability (Compulsory Insurance) Act 1969.	In section 3(2) the words “the Inner London Education Authority”.
1970 c. 39.	The Local Authorities (Goods and Services) Act 1970.	In section 1(4), in the definition of “local authority”, the words “the Inner London Education Authority”.
1971 c. 78.	The Town and Country Planning Act 1971.	In section 215(8) the words “the Inner London Education Authority”.
		In Schedule 20, in paragraph 1(3), the words “the Inner London Education Authority”.
1972 c. 70.	The Local Government Act 1972.	In section 47(1)(i) the words “or the Inner London Education Area”.
		In section 50, in subsection (2) the words “and the Inner London Education Area” and in subsection (3) the words “or the Inner London Education Area”.
		Section 60(8).
		Section 67(6).
		In section 70, the words “nor the Inner London Education Authority” and the words “or the Inner London Education Area”, in both places where they occur.
		Section 78(1)(c).
		Section 79(3).
		Section 80(6).
		In section 82, the words “III or”.
		Section 83(3A).
		In section 84(2), the words “III or”.
		In section 85(4) the words “and the Inner London Education Authority”.
		In section 86(2), the words “and the Inner London Education Authority”.
		Section 87(3).
		Section 88(2A).
		Section 89(3A).
		In section 90, the words “III or”.
		In section 92(7) the words “and the Inner London Education Authority”.
		In section 98(1A), the words “and the Inner London Education Authority”.
		In section 99, the words “the Inner London Education Authority”.
		In section 100J, paragraph (a) of subsection (1) and, in subsection (3), the reference to that paragraph.
		In section 101(13), the words “the Inner London Education Authority”.
		In section 142(1B) the words “the Inner London Education Authority”.
		In section 146A, subsection (2) and in subsection (1) the words “and the Inner London Education Authority”.
		In section 153(3), the words “and the Inner London Education Authority”.
		In section 176(3), the words “and the Inner London Education Authority”.
		Section 177(1)(ab) and (2A)(a).
		In section 177A(5), the words “and the Inner London Education Authority”.
		In section 223(2), the words “and the Inner London Education Authority”.
		In section 224(2), the words “and the Inner London Education Authority”.
		In section 225(3), the words “and the Inner London Education Authority”.
		In section 228(7A), the words “or the Inner London Education Authority” and the words “in relation to a joint authority”.
		In section 229(8), the words “and the Inner London Education Authority”.
		In section 230(2), the words “and the Inner London Education Authority”.
		In section 231(4), the words “and the Inner London Education Authority”.
		In section 232(1A), the words “and the Inner London Education Authority”.
		In section 233(11), the words “and the Inner London Education Authority”.
		In section 234(4), the words “and the Inner London Education Authority”.
		In section 239(4A), the words “and the Inner London Education Authority”.
		In section 243(2), the reference to section 19.
		In Schedule 11, paragraph 5.
		In Schedule 12, paragraph 6A(2), in paragraph 6B the words from “and ten” to the end and in paragraph 46 the words “and the Inner London Education Authority”.
1973 c. 35.	The Employment Agencies Act 1973.	In section 13(7)(f) the words “the Inner London Education Authority”.
1974 c. 7.	The Local Government Act 1974.	Section 25(1)(cb).
1974 c. 37.	The Health and Safety at Work Act 1974.	In section 28(6) the words “the Inner London Education Authority and”.
1976 c. 57.	The Local Government (Miscellaneous Provisions) Act 1976.	In section 19, subsection (4), in subsection (5) the words “or the Inner London Education Authority”, the words “by a local authority for the purposes of”, in the first place where they occur, and the words from “or as the case may be” to the end, and subsection (5A).
		In section 44(1), in the definition of “local authority”, the words “the Inner London Education Authority and”.
1976 c. 57.	The Race Relations Act 1976.	In section 71 the words “the Inner London Education Authority and”.
1976 c. 80.	The Rent (Agriculture) Act 1976.	Section 5(3)(ba).
1977 c. 42.	The Rent Act 1977.	Section 14(ca).
1977 c. 49.	The National Health Service Act 1977.	In section 22(2), in the Table, the words “Also the Inner London Education Authority, if wholly or partly in the area or district of the Authority”.
		In Schedule 5, in paragraph 5(1)(a) the words “the Inner London Education Authority”.
1979 c. 55.	The Justices of the Peace Act 1979.	In section 64(6) the words “the Inner London Education Authority”.
1980 c. 20.	The Education Act 1980.	In paragraph 10 of Schedule 3, the words from “and” to the end.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 2(1)(1).
		In section 20(1), in the definition of “local authority”, the words “the Inner London Education Authority”.
		Section 71(1)(i).
		Section 99(4)(da).
		In Schedule 16, paragraph 5A.
1981 c. 67.	The Acquisition of Land Act 1981.	In section 17(4), in the definition of “local authority”, the words “the Inner London Education Authority”.
1982 c. 30.	The Local Government (Miscellaneous Provisions) Act 1982.	In section 33(9), in paragraph (a) the words “the Inner London Education Authority” and in paragraph (b) the words “in relation to the Inner London Education Authority means the Inner London Education Area”.
		In section 41(13), in the definition of “local authority” paragraph (d) and the word “and” immediately following that paragraph.
		In section 45(2)(aa) the words “or III”.
1982 c. 32.	The Local Government Finance Act 1982.	Section 12(2)(ab).
		In section 19(7) the words “the Inner London Education Authority”.
		In section 20(10) the words “the Inner London Education Authority”.
1982 c. 41.	The Stock Transfer Act 1982.	In Schedule 1, in paragraph 7(2)(a) the words “the Inner London Education Authority”.
1983 c. 2.	The Representation of the People Act 1983.	Section 31(6) and (7).
		Section 35(3A).
		Section 36(3AA) and (4A).
		In section 39, subsection (1A) and the words “or Part III of the Local Government Act 1985” in subsections (2) and (6)(a)(ii)."
		In section 47(2), the words “or Part III of the Local Government Act 1985”.
		Section 76(2)(b)(ia).
		In section 82(4)(a) the words “or the Inner London Education Authority”.
		In section 203(1), the definition of “council”, the words “the Inner London Education Authority” in the definition of “local authority”, the words “or Part III of the Local Government Act 1985” in the definition of “local government Act” and the words “the Inner London Education Area” in the definition of “local government area”.
		In section 203(2), the words “or of elections of members of the Inner London Education Authority”.
1984 c. 28.	The County Courts Act 1984.	In section 60(3), in the definition of “local authority”, the words “the Inner London Education Authority”.
. . . F495	. . . F495	. . . F495
1985 c. 51.	The Local Government Act 1985.	Sections 18 to 22.
		Section 68(2)(b).
		Section 81(3).
		Section 84(2).
		In section 90, subsection (1) and in subsection (2) the words “Subject to subsection (1) above”.
		Schedule 9.
		In Schedule 14, paragraph 53(a).
1985 c. 68.	The Housing Act 1985.	In section 4(e) the words “the Inner London Education Authority and”.
1985 c. 69.	The Housing Associations Act 1985.	In section 106(1), in the definition of “local authority”, the words “the Inner London Education Authority and”.
1985 c. 70.	The Landlord and Tenant Act 1985.	In section 38, in the definition of “local authority”, the words “the Inner London Education Authority and”.
1986 c. 10.	The Local Government Act 1986.	In section 6(2)(a) the words “the Inner London Education Authority”.
		In section 9(1)(a) the words “the Inner London Education Authority”.
		Section 11(5).
1987 c. 31.	The Landlord and Tenant Act 1987.	In section 58(1)(a) the words “the Inner London Education Authority”.
1988 c. 9.	The Local Government Act 1988.	In section 1(1)(j) the words “and the Inner London Education Authority”.
		In Schedule 2 the words “and the Inner London Education Authority”.
1988 c. 41.	The Local Government Finance Act 1988.	Section 111(2)(d).

Textual Amendments

F495 Sch. 13 Pt. I: entry relating to section 3(10) of the Further Education Act 1985 repealed by S.I. 1990/776, art. 8, Sch. 3 Pt. I para. 27

Part II U.K. Other Repeals

Chapter	Short title	Extent of repeal
7 & 8 Geo. 6. c. 31.	The Education Act 1944.	In section 8(1)(b), the words from “other” to “further education”.
		Section 25.
		Section 29(2) to (4).
		Sections 42 to 46.
		In section 50, in subsection (1) the words from “or are satisfied” to “county college” and the words “or college” and in subsection (2) the words “or young person” and the words from “or to” to “may be”.
		In section 52(1), the words “or college”, paragraph (b) of the proviso and the word “and” immediately preceding that paragraph.
		In section 54, in subsection (1) the words from “and if” to the end, in subsection (2) the words from “or in the” to “upon the pupil”, in subsection (4) the words “or pupil”, in subsection (6) the words “or at a county college”, the words from “or in the” to “own neglect” and the words “or the pupil as the case may be” and in subsection (7) the words “or at any county college”, the words “or college”, in both places where they occur, and the words from “or to” to “may be”.
		Section 60.
		Section 61.
		Section 62(2).
		In section 69, in subsection (2) the words from “or if” to “upon him” and the words from “or require” to “may be”.
		Section 84.
		In section 114, in subsection (1) the word “college” in the definition of “assist” and the words “or county college” in the definition of “maintain”, in subsection (2)(a) the words “or county college” and the words “or college” and in subsection (2)(b) the word “college” in the second and third places where it occurs.
9 & 10 Geo. 6. c. 50.	The Education Act 1946.	In section 1(1), the words “(hereinafter referred to as “the principal Act”)".
		Section 7.
		Section 8(3).
1963 c. 33.	The London Government Act 1963.	Section 31(1) and (4).
1964 c. 16.	The Industrial Training Act 1964.	In section 16, the words from “by a” to “1944 or”.
1967 c. 3.	The Education Act 1967.	Section 3.
1968 c. 37.	The Education (No. 2) Act 1968.	The whole Act.
1972 c. 70.	The Local Government Act 1972.	In section 81(4)(a), the word “college”.
		In section 104(2), the word “college”.
1974 c. 7.	The Local Government Act 1974.	Section 8(2) and (3).
1975 c. 65.	The Sex Discrimination Act 1975.	Section 24(2)(a).
		In section 25(6)(c)(ii) the words “(a) or”.
1976 c. 74.	The Race Relations Act 1976.	In section 19(6)(c)(ii) the words “(a) or”.
		In section 78(1), in the definition of “further education”, the words from “for England” to “1944 and”.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 29(1)(e), the word “or” at the end.
1980 c. 20.	The Education Act 1980.	In section 9(1), the words from “except” to the end.
		In section 12(2), the words from “excluding” to the end.
		Section 15.
		Section 27.
		In section 35, in subsection (3) the words “or an order under section 15(8) above” and in subsection (5) the words “section 27(1)(a), (2) or (3) or”.
		In Schedule 1, paragraph 25.
		In Schedule 3, paragraph 14.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In Schedule 10, Part I.
1981 c. 60.	The Education Act 1981.	In Schedule 3, paragraph 5.
1985 c. 51.	The Local Government Act 1985.	Section 22.
1986 c. 61.	The Education (No. 2) Act 1986.	In section 17, in subsection (1), paragraph (c) and the word “and” immediately preceding that paragraph, and subsection (4).
		In section 18, in subsection (3), paragraph (c) and the word “and” immediately preceding that paragraph, subsection (4), in subsection (6)(c)(ii) the words “or, to the extent to which it is incompatible, is compatible with that policy” and, in subsection (8), the words from “and to furnish” onwards.
		Section 19(3).
		Section 20.
		Section 29.
		In section 47(5)(a)(ii), the word “or”.
		In section 56, paragraph (b) and the word “and” immediately preceding that paragraph.
		In Schedule 4, paragraph 4.
1987 c. 44.	The Local Government Act 1987.	Section 2.