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(1)The following shall be substituted for section 16(2) and (3) of the [1992 c. 13.] Further and Higher Education Act 1992 (incorporation of further education institutions)—
“(2)Subsection (1) above does not apply to an institution which is maintained by a local education authority.
(3)The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
(a)is maintained by a local education authority, and
(b)in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.”
(2)Section 51 of that Act (publication of proposals) shall be amended as follows—
(a)for subsection (3)(b) substitute—
“(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 a council,”, and
(b)after subsection (3) insert—
“(3A)A draft proposal or order in respect of an institution which is maintained by a local education authority shall not be published without the consent of the governing body and the local education authority.”
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