Further and Higher Education Act 1992

[F1 33G Further provision about supplementary powers E+W+S

(1) The power conferred by section 33F(6)(c) may not be exercised for the purpose of—

(a) conducting an educational institution, or

(b) investing in a company conducting an educational institution.

(2) The power conferred by section 33F(6)(d) 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.

(3) But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible [F2 local authority] consent to the exercise of the power in a way which does not comply with the restriction.

(4) Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.

(5) But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.

(6) The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible [F2 local authority].

(7) Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.

(8) In this section “relevant funding body” means a [F2 local authority], the YPLA or the Chief Executive of Skills Funding.]

Textual Amendments

F1 Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

F2 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)