Further and Higher Education Act 1992

1 The Further Education Funding Councils

(1) There shall be established—

(a) a body corporate to be known as the Further Education Funding Council for England to exercise in relation to England the functions conferred on them, and

(b) a body corporate to be known as the Further Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.

(2) The Further Education Funding Council for England shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(3) The Further Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(4) In appointing the members of a council the Secretary of State—

(a) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of further education or in carrying responsibility for such provision, and

(b) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

(5) In this Part of this Act any reference to a council is to a further education funding council.

(6) References in the Education Acts to the appropriate further education funding council, in relation to any educational institution—

(a) where the institution mainly serves the population of England, are to the Further Education Funding Council for England and, where the institution mainly serves the population of Wales, are to the Further Education Funding Council for Wales, and

(b) where the institution receives financial support from a further education funding council, are to that council also (if different).

(7) Any dispute as to whether any functions are exercisable by one of the councils shall be determined by the Secretary of State.

(8) Schedule 1 to this Act has effect with respect to each of the councils.