(1)A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
(2)A further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.
(3)A further education corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties F1. . .).
(4)A further education corporation may—
(a)acquire and dispose of land and other property,
(b)enter into contracts, including in particular—
(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
(ii)contracts with respect to the carrying on by the corporation of any such activities,
[F2(bb)form, participate in forming or invest in a company,
(bc)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),]
(c)borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under sections 23 to 27 of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,
(d)invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
(e)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and
(f)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
[F3[F4(4A)The power conferred by subsection (4)(bb) above may not be exercised for the purpose of—
(a)conducting an educational institution, or
(b)investing in a company conducting an educational institution.
(4AA)The power conferred by subsection (4)(bc) above may not be exercised for the purpose of—
(a)conducting an educational institution, or
(b)becoming a member of a charitable incorporated organisation conducting an educational institution.
(4AB)But a restriction on the exercise of a power imposed by subsection (4A) or (4AA) above shall not apply to the extent that the appropriate authority consents to the exercise of the power in a way which does not comply with the restriction.
(4AC)In subsection (4AB) above “the appropriate authority” means—
(a)in relation to a further education corporation in England, the Learning and Skills Council for England;
(b)in relation to a further education corporation in Wales, the Welsh Ministers.]
(4B)[F5Neither the power conferred by subsection (4)(bb) above nor the power conferred by subsection (4)(bc) above may be exercised] for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the [F6National Assembly for Wales in the discharge of its functions under Part 2 of the Learning and Skills Act 2000].
(4C)But subsection (4B) above shall not apply to the extent that [F7the council] [F8or the National Assembly for Wales (as the case may be)] consents to the exercise of the power conferred by subsection (4)(bb) above [F9or the power conferred by subsection (4)(bc) above] in a way which does not comply with the restriction in subsection (4B).]
(5)The power conferred on a further education corporation by subsection (4)(c) above to borrow money may not be exercised without the consent of the [F10appropriate body], and such consent may be given for particular borrowing or for borrowing of a particular class.
[F11(6)A person has a learning difficulty if—
(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or
(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.]
[F12(8)A reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.]
Textual Amendments
F1Words in s. 19(3) omitted (1.4.2001) by virtue of 2000 c. 21, s. 149, Sch. 9 para. 22(2); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F2S. 19(4)(bb)(bc) substituted for s. 19(4)(bb) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(2), 32(1) (with s. 21(7))
F3S. 19(4A)-(4C) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(4); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F4S. 19(4A)-(4AC) substituted for s. 19(4A) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(3), 32(1)
F5Words in s. 19(4B) substituted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(4), 32(1)
F6Words in s. 19(4B) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 14(a) (with art. 7)
F7Words in s. 19(4C) substituted (23.12.2007) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 7; S.I. 2007/3505, art. 2(h)
F8Words in s. 19(4C) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 14(b) (with art. 7)
F9Words in s. 19(4C) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(5), 32(1)
F10Words in s. 19(5) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 14(c) (with art. 7)
F11S. 19(6)(7) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(5); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
F12S. 19(8) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(6), 32(1)
Commencement Information
I1S. 19 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2