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Further and Higher Education Act 1992, Section 51 is up to date with all changes known to be in force on or before 10 September 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.
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(1)[F1The Learning and Skills Council for England] shall not make a proposal for—
(a)the establishment by the Secretary of State of a body corporate under section 16(1) of this Act,
(b)the establishment by the Secretary of State of a body corporate under subsection (3) of that section, or
(c)the dissolution of any further education corporation by the Secretary of State under section 27 of this Act,
unless the following conditions have been complied with.
(2)The conditions are that—
(a)a draft of the proposal, or of a proposal in substantially the same form, giving such information as may be prescribed has been published by such time and in such manner as may be prescribed,
(b)[F2the Learning and Skills Council for England] have considered any representations about the draft made to them within the prescribed period, and
(c)copies of the draft and of any such representations have been sent to the Secretary of State.
(3)The Secretary of State shall not make—
(a)an order under section 16(1) of this Act, other than an order made for the purpose of giving effect to a proposal by [F3the Learning and Skills Council for England], or
[F4(b)an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by [F5the council],]
unless he has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
[F6(3A)A draft proposal or order in respect of an institution which is maintained by a local education authority shall not be published without the consent of the governing body and the local education authority.]
(4)In this section “prescribed” means prescribed by regulations.
Textual Amendments
F1Words in s. 51(1) 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. 21(a) (with art. 7)
F2Words in s. 51(2)(b) 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. 21(b) (with art. 7)
F3Words in s. 51(3)(a) 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. 21(c) (with art. 7)
F4S. 51(3)(b) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(2)(a); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F5Words in s. 51(3)(b) 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. 21(d) (with art. 7)
F6S. 51(3A) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(2)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
Modifications etc. (not altering text)
C1S. 51(3A) excluded (1.4.2001 for W. and 1.8.2002 for E. ) by 2000 c. 21, s. 110(5); S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2002/279, art. 2(3)(b)
Commencement Information
I1S. 51 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
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