C3Part II Higher and Further Education

Annotations:
Modifications etc. (not altering text)

C2Chapter II Reorganisation of Provision and Funding of Higher Education

Annotations:
Modifications etc. (not altering text)
C2

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.

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

C1129 Designation of institutions.

F11

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.

F12

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

F23

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F24

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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 the M1Companies Act 1985;

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 memorandum and 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).