Part IIHigher and Further Education

Chapter IVMiscellaneous and Supplementary

157Variation of trust deeds, etc

1

The Secretary of State may by order make such modifications as he thinks fit in 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.

2

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

a

any institution conducted by a higher education corporation;

b

any designated assisted institution providing full-time education; and

c

any institution designated under section 129 of this Act as an institution eligible to receive support from funds administered by the Polytechnics and Colleges Funding Council.

3

Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall consult—

a

where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any persons to amend or replace that deed or instrument—

i

the persons on whom that power is so conferred; and

ii

if different, the persons responsible for the management of the institution; and

b

in any other case, the persons so responsible;

in so far as it appears to him to be practicable to do so.

4

Any provision of any instrument relating to any land or other property held for the purposes of any institution maintained or assisted 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 or assisted by a local education authority or (as the case may be) by the authority in question shall, if the institution becomes an institution within the PCFC funding 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

b

to an institution assisted by a local education authority if it is a designated assisted institution providing full-time education.

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

an institution within the PCFC funding sector; and

c

a grant-aided institution.