Further and Higher Education Act 1992

Further functions E+W

69 Supplementary functions. E+W

(1) Each council—

(a) shall provide the Secretary of State with such information or advice relating to the provision for their area of higher education as he may from time to time require, and

(b) may provide the Secretary of State with such information or advice relating to such provision as they think fit,

and information and advice provided under this subsection shall be provided in such manner as the Secretary of State may from time to time determine.

[F1 (1A) Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of [F2 section 25 of the Charities Act 2011)].

(1B) Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information under [F3 section 56 or 57 of that Act].]

(2) Each council shall keep under review activities eligible for funding under section 65 of this Act.

(3) A council may provide, on such terms as may be agreed, such advisory services as the Department of Education for Northern Ireland or the Department of Agriculture for Northern Ireland may require in connection with the discharge of the department’s functions relating to higher education in Northern Ireland.

(4) Where—

(a) any land or other property is or was used or held for the purposes of an institution, and

(b) the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event,

then, if the institution is within the higher education sector, the Secretary of State may direct that all or any of his functions in respect of the property shall be exercisable on his behalf by the council, and the functions shall be so exercised in accordance with such directions as he may give from time to time.

(5) The Secretary of State may by order confer or impose on a council such supplementary functions relating to the provision of education as he thinks fit.

(6) For the purposes of subsection (5) above a function is a supplementary function in relation to a council if it is exercisable for the purposes of—

(a) the exercise by the Secretary of State of functions of his under any enactment, or

(b) the doing by the Secretary of State of anything he has power to do apart from any enactment,

and it relates to, or to the activities of, any institution mentioned in subsection (7) below.

(7) Those institutions are—

(a) institutions within the higher education sector, or

(b) institutions within the further education sector, or maintained or assisted by [F4 local authorities], at which prescribed courses of higher education are currently provided.

Textual Amendments

F1 S. 69(1A)(1B) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 1(2)

F2 Words in s. 69(1A) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 63(a) (with s. 20(2), Sch. 8)

F3 Words in s. 69(1B) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 63(b) (with s. 20(2), Sch. 8)

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)

Commencement Information

I1 S. 69 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

70 [F5 England: assessment] of quality of education provided by institutions. E+W

(1) [F6 The Higher Education Funding Council for England] shall—

(a) secure that provision is made for assessing the quality of education provided in institutions for whose activities they provide, or are considering providing, financial support F7 . . ., and

(b) establish a committee, to be known as the “Quality Assessment Committee”, with the function of giving them advice on the discharge of their duty under paragraph (a) above and such other functions as may be conferred on the committee by the council.

(2) The majority of the members of the committee—

(a) shall be persons falling within subsection (3) below, and

(b) shall not be members of the council.

(3) Persons fall within this subsection if they appear to the council to have experience of, and to have shown capacity in, the provision of higher education in institutions within the higher education sector and, in appointing such persons, the council shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision.

(4) Schedule 1 to this Act shall apply to a committee established under this section as it applies to committees established under paragraph 8 of that Schedule.

Textual Amendments

F5 Words in s. 70 heading substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 2(3); S.I. 2015/1327, art. 5(s)(ii)

F6 Words in s. 70(1) substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 2(2); S.I. 2015/1327, art. 5(s)(ii)

F7 Words in s. 70(1)(a) omitted (21.9.1994) by virtue of 1994 c. 30, s. 24, Sch. 2 para. 10(2); S.I. 1994/2204, art.2

Commencement Information

I2 S. 70 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1