SCHEDULE 9 Amendments
Further and Higher Education Act 1992 (c.13)
22
(1)
Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows.
(2)
In subsection (3) omit “within the meaning of section 4(6) of this Act”.
(3)
“(bb)
subscribe for or otherwise acquire shares in or securities of a company,”.
(4)
“(4A)
The power conferred by subsection (4)(bb) above may not be exercised for the purpose of conducting an educational institution.
(4B)
The power conferred by subsection (4)(bb) above may not 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 National Council for Education and Training for Wales.
(4C)
But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B).”
(5)
“(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.”