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Further and Higher Education Act 1992

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Further and Higher Education Act 1992, Chapter III is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Chapter IIIE+W General

54 Duty to give information.E+W

[F1(1)Each of the following must give the Secretary of State such information as the Secretary of State may require for purposes connected with further education—

(a)a local authority in England,

(b)the governing body of any institution maintained by a local authority in England,

(c)the governing body of a city technology college in England, a city college for the technology of the arts in England or an Academy,

(d)the governing body of any institution in England within the further education sector or the higher education sector, and

(e)any person or body who—

(i)provides further education, and

(ii)is receiving or has received funding to do so from the Secretary of State, a local authority in England [F2, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023].

(2)Each of the following must give the Welsh Ministers such information as the Welsh Ministers may require for the purposes of the exercise of any of the Welsh Ministers' functions under any enactment—

(a)a local authority,

(b)the governing body of any institution maintained by a local authority, and

(c)the governing body of any institution within the further education sector or the higher education sector.]

[F3(3)] Such information relating to the provision which has been made by a [F4local authority] in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under [F5regulations under section 492 or 493 of the Education Act 1996] shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.

Textual Amendments

F1S. 54(1)(2) substituted for s. 54(1) (12.11.2018) by Technical and Further Education Act 2017 (c. 19), ss. 40(2), 47(2); S.I. 2018/1161, reg. 2

F2Words in s. 54(1)(e)(ii) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 109 (with s. 247)

F3S. 54(2) renumbered as s. 54(3) (12.11.2018) by Technical and Further Education Act 2017 (c. 19), ss. 40(3), 47(2); S.I. 2018/1161, reg. 2

F5Words in s. 54(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 111 (with ss. 1(4), 561, 562, Sch. 39)

55 Inspection etc. of [F4local authority] institutions, other than schools, and advice to Secretary of State.E+W

F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to any [F4local authority] institution maintained or assisted by them, a [F4local authority]—

(a)shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and

(b)may cause an inspection to be made by persons authorised by them.

(5)A [F4local authority] shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.

(6)A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)In this section—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“[F4local authority] institution” means an educational institution, other than a school, maintained or assisted by a [F4local authority].

Textual Amendments

F6S. 55(1)-(3) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F7S. 55(7)(a)(b) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C1S.55: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3

Commencement Information

I1S. 55 wholly in force; s. 55 not in force at Royal assent see s. 94(3); s. 55(1)-(3) (as respects England only) and s. 55(4)-(6)(7)(a)(c) in force at 1.4.1993 by S.I. 1992/831, art. 2, Sch. 3; s. 55(1)(2)(3)(7)(b) in force at 1.8.1996 so far as not already in force by S.I. 1996/1897, art. 3

F856. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F8S. 56 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 33, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[F956AIntervention: EnglandE+W

[F10(1)This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—

(a)an institution in England within the further education sector, other than a sixth form college, or

(b)an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,

and, in either case, it is immaterial whether or not a complaint is made by any person.]

(2)The matters are—

(a)that the institution's affairs have been or are being mismanaged by the institution's governing body;

(b)that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.

[F11(e)that the education or training provided by the institution did not, or does not, adequately meet local needs.]

[F12(2A)For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the institution when the education or training was provided.

(2B)An approved local skills improvement plan applies to an institution if the institution provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.

(2C)Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.]

(3)If this section applies the [F13Secretary of State] may do one or more of the things listed in subsection (6).

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F15At the same time as doing one or more of those things the [F16Secretary of State] must] give the institution's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F16Secretary of State] is satisfied;

(b)the reasons why the [F16Secretary of State] is so satisfied;

(c)the reasons why the [F16Secretary of State] has decided to do that thing or those things.

(6)The [F16Secretary of State] may—

(a)remove all or any of the members of the institution's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions [F17as the [F16Secretary of State] thinks] expedient as to the exercise of their powers and performance of their duties.

(7)The directions that may be given to a governing body under this section include [F18—

(a)]a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

[F19(b)a direction requiring a governing body to make a resolution under section 27A(1) [F20, or take such other steps specified in the direction as may be required,] for the body to be dissolved on a date specified in the direction.]

[F21(c)a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.]

[F22(7A)A governing body to which a direction is given requiring the body to make a resolution under section 27A(1)—

(a)is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction, and

(b)must, unless the Secretary of State directs otherwise, exercise its powers under section 27B to transfer property, rights or liabilities on the dissolution date.]

[F23(7B)A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.]

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

[F24(9)The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.]

[F25(9A)Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.

(9B)Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.

(9C)The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.]

F26(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.]

Textual Amendments

F9Ss. 56A-56C inserted (23.12.2007 for the insertion of s. 56B, 18.4.2008 in so far as not already in force) by Further Education and Training Act 2007 (c. 25), ss. 17, 32(5); S.I. 2007/3505, arts. 2(c), 5

F10S. 56A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 7

F13Words in s. 56A(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(3); S.I. 2012/924, art. 2

F14S. 56A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(4); S.I. 2012/924, art. 2

F16Words in s. 56A(5)(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(5); S.I. 2012/924, art. 2

F18Words in s. 56A(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2

F26S. 56A(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(8); S.I. 2012/924, art. 2

F2756AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutionsE+W

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Textual Amendments

F2856BIntervention policy: EnglandE+W

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Textual Amendments

F2956CDirectionsE+W

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Textual Amendments

F3056DNotification by local authority or YPLA of possible grounds for interventionE+W

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Textual Amendments

[F3156EIntervention by [F32Secretary of State] : sixth form collegesE+W

(1)This section applies in relation to a sixth form college if the [F33Secretary of State is] satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

[F34(e)that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.]

[F35(2A)For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the sixth form college when the education or training was provided.

(2B)An approved local skills improvement plan applies to a sixth form college if the college provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.

(2C)Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.]

(3)If this section applies the [F36Secretary of State] may do one or more of the things listed in subsection (6).

[F37(4)Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).

(4A)Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—

(a)the trustees of the sixth form college, and

(b)each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.

(4B)After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—

(a)what the Secretary of State has decided to do;

(b)the reasons for the decision.]

(5)If the [F38Secretary of State does one or more of the things listed in subsection (6), the Secretary of State ] must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F39Secretary of State is] satisfied;

(b)the reasons why the [F40Secretary of State has] decided to do that thing or those things.

(6)[F41The Secretary of State] may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the [F42Secretary of State thinks] expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include [F43—

(a)]a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

[F44(b)a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.]

[F45(c)a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.]

[F46(7A)A governing body to which a direction such as is mentioned in subsection (7)(b) is given—

(a)is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and

(b)must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.]

[F47(7B)A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.]

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

[F48(9)The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.]

[F49(9A)Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.

(9B)Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.

(9C)The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.]

F50(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.]

Textual Amendments

F32Words in s. 56E heading substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(10); S.I. 2012/924, art. 2

F33Words in s. 56E(1) substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(2); S.I. 2012/924, art. 2

F36Words in s. 56E(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(3); S.I. 2012/924, art. 2

F37S. 56E(4)-(4B) substituted for s. 56E(4) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(4); S.I. 2012/924, art. 2

F38Words in s. 56E(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(a); S.I. 2012/924, art. 2

F39Words in s. 56E(5)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(b); S.I. 2012/924, art. 2

F40Words in s. 56E(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(c); S.I. 2012/924, art. 2

F41Words in s. 56E(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(a); S.I. 2012/924, art. 2

F42Words in s. 56E(6)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(b); S.I. 2012/924, art. 2

F43Words in s. 56E(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2

F50S. 56E(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(9); S.I. 2012/924, art. 2

F5156FAppointment by local authorities of members of sixth form college governing bodyE+W

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Textual Amendments

F5256GIntervention policy: sixth form collegesE+W

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Textual Amendments

F5356HIntervention by YPLAE+W

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Textual Amendments

F5456IAppointment by YPLA of members of sixth form college governing bodyE+W

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Textual Amendments

F5556JNotification by Chief Executive of Skills Funding of possible grounds for interventionE+W

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Textual Amendments

[F5757 Intervention [F56: Wales]E+W

(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution [F58in Wales] within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2)These are the conditions—

(a)[F59the Welsh Ministers are] satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b)[F60they are] satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act [F61or any Measure of the National Assembly for Wales];

(c)[F62they are] satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act [F63or any Measure of the National Assembly for Wales];

[F64(d)they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.]

F65(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If this section applies [F66the Welsh Ministers] may by order—

(a)declare which of the conditions is (or are) satisfied, and

(b)do one or more of the things listed in subsection (5).

(5)[F67They may]—

(a)remove all or any of the members of the institution’s governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as [F68they think] expedient as to the exercise of their powers and performance of their duties.

[F69(5A)The directions that may be given to a governing body under this section include [F70—

(a)] a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction.[F71, and

(b)a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.]

[F72(5B)A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.]

(6)Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

[F73(6A)The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(6B)But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.]

(7)A governing body must comply with any directions given to them under this section.

(8)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F74(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F57S. 57 substituted (1.1.2001 for W. and 1.4.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 34 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)

Modifications etc. (not altering text)

C2S. 57(3)(4) amended (22.3.2001) by S.I. 2001/1274, art. 3(4)(b)

F7557AIntervention policy: WalesE+W

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Textual Amendments

F7658 Reorganisations of schools involving establishment of further education corporation.E+W

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Textual Amendments

F7759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F77S. 59 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

60 Saving as to persons detained by order of a court.E+W

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7960A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F79S. 60A repealed (28.7.2000 for E. for specified purposes, 1.1.2001 for W. and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 36, Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)

61 Interpretation of Part I.E+W

(1)In this Part of this Act—

  • “functions” includes powers and duties,

  • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and

  • “regulations” means regulations made by the Secretary of State [F80or the Welsh Ministers].

(2)References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—

(a)rights or liabilities under a contract of employment, or

(b)liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.

(3)In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—

(a)to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the M1Education Act 1944, and

F81(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C3S. 61(3)(a) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(3)(a)(b), Sch.3)

Commencement Information

I2S. 61 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

F8261A References to appropriate bodiesE+W

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Textual Amendments

F82S. 61A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 38

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