Education Reform Act 1988

154 New further and higher education institutions

(1) This section applies to any institution proposed to be established which in the financial year in which it is established will be required to be covered by a scheme.

(2) The Secretary of State may by regulations make provision—

(a) with respect to the government of institutions to which this section applies including in particular provision—

(i) requiring the constitution of temporary governing bodies for such institutions pending the constitution of their governing bodies; and

(ii) with respect to the size and composition of such temporary governing bodies;

(b) applying any of the provisions of this Chapter (including any provision made under section 146) in relation to institutions to which this section applies which have temporary governing bodies constituted in pursuance of any provision made in the regulations by virtue of paragraph (a) above, subject to such modifications as the Secretary of State may think fit.

(3) Regulations under subsection (2)(b) above may in particular include provision—

(a) requiring schemes to cover institutions to which this section applies;

(b) requiring schemes to provide for the delegation to their respective temporary governing bodies of the management of the budget shares of any such institutions which by virtue of any regulations made under paragraph (a) above are required to be covered by the schemes;

(c) authorising the governing bodies of such institutions—

(i) to determine what staff (both full-time and part-time) are or will be required for the purposes of such institutions, and to select all such staff for appointment by the local education authority; and

(ii) to take such steps with respect to any other matters referred to in section 148 of this Act as may be appropriate in preparation for the conduct of such institutions following their establishment; and

(d) prohibiting local education authorities from taking any such steps as are referred to in paragraph (c)(i) or (ii) above which governing bodies are so authorised to take.

(4) Regulations under this section may provide that any scheme shall have effect with such modifications as appear to the Secretary of State to be appropriate in consequence of any provision made in those regulations by virtue of subsection (2) or (3) above.