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Further and Higher Education Act 1992

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Changes over time for: Section 31

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Version Superseded: 01/04/2012

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Point in time view as at 20/08/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Further and Higher Education Act 1992, Section 31 is up to date with all changes known to be in force on or before 26 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

31 Designated institutions conducted by companies.E+W

(1)This section has effect in relation to any designated institution conducted by a company.

(2)The articles of association of the company shall incorporate—

(a)provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and

(b)provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

[F1(2A)Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by—

[F2(a)the Chief Executive of Skills Funding under section 56AA,] or

(b)the [F3National Assembly for Wales] under section 39 of [F4the Learning and Skills Act 2000].]

(3)The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that—

(a)the [F5articles of association] of the company, or

(b)any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as he may specify in the direction.

(4)No amendment of the [F6articles of association] of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.

(5)Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.

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