C1 Part II Higher and Further Education

Annotations:
Modifications etc. (not altering text)

C2 Chapter 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.

C3129 Designation of institutions.

F111

F10The Welsh Ministers may by order designate F5for the purposes of this section —

a

any institution F7in Wales which appears to F4them to fall within subsection (2) below; and

b

any institution F3in Wales which is, or is to be, conducted by a successor company to a higher education corporation.

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.

F13

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

F14

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

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 F6the 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 F8articles of association have been approved by F9the Welsh Ministers; and

e

an order has been made under section F2127A or 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).