Further and Higher Education Act 1992

[F1 56H Intervention by YPLA E+W

(1) This section applies if—

(a) the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b) the YPLA is satisfied—

(i) as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and

(ii) that the circumstances are such that it would be appropriate for the responsible [F2 local authority] to do one or more of the things listed in section 56E(6) in relation to the sixth form college.

(2) If this section applies the YPLA may do one or more of the things listed in subsection (5).

(3) Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—

(a) the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b) the reasons why the YPLA is so satisfied;

(c) the thing or things that the YPLA proposes to do;

(d) the reasons why the YPLA proposes to do that thing or those things.

(4) If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—

(a) the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b) the reasons why the YPLA has decided to do that thing or those things.

(5) The YPLA may—

(a) remove all or any of the members of the sixth form college's governing body;

(b) appoint new members of that body if there are vacancies (however arising);

(c) give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.

(6) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(7) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(8) The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(9) But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(10) A governing body must comply with any directions given to them under this section.

(11) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.]

Textual Amendments

F1 Ss. 56E-56J inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 8; S.I. 2010/303, art. 3, Sch. 2

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)