Part 8Teachers
Further education
136 Provision of education
Regulations may—
a
prohibit the provision of education at a further education institution by a person who does not have a specified qualification;
b
prohibit the provision of education at a further education institution by a person unless he is serving or has served a probationary period;
c
specify conditions to be complied with by or in respect of persons providing education at a further education institution.
137 Principals of further education institutions
1
Regulations may provide that a person may serve as the principal of a further education institution only if he has a specified qualification.
2
Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—
a
is of a kind specified in the regulations, and
b
is designed to lead to the award of a qualification specified under subsection (1).
3
A provision of regulations under subsection (1) shall not apply to a person who has been appointed as the principal of an institution before the commencement of the provision.
4
Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—
a
pending the appointment of a principal, or
b
in the absence of the principal.
138 Training in provision of further education
1
This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).
2
The Secretary of State may by regulations—
a
prohibit the provision by a further or higher education institution in England of a course to which this section applies without the approval of the Secretary of State;
b
enable the Secretary of State to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in England;
c
enable the Secretary of State to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in England.
3
The National Assembly for Wales may by regulations—
a
prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;
b
enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;
c
enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.
139 Wales: provision of higher education
1
The National Assembly for Wales may by regulations—
a
prohibit the provision by an institution to which this section applies of a course of higher education without the approval of the National Assembly;
b
enable the National Assembly to determine the number of persons who may undertake a course of higher education at an institution to which this section applies;
c
enable the National Assembly to determine the number of persons in different categories who may undertake a course of higher education at an institution to which this section applies.
2
This section applies to an institution in Wales which provides further or higher education and is within the further education sector.
140 Further education: general
1
Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.
2
Regulations under any of sections 136 to 139 may impose a function on—
a
a local education authority, or
b
the governing body of a further or higher education institution.
3
In sections 136 to 139—
“education” includes vocational, social, physical and recreational training,
“further education institution” means an institution which—
- a
provides further education and is maintained by a local education authority, or
- b
is within the further education sector, and
- a
“higher education institution” means an institution which—
- a
is within the higher education sector, and
- b
receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).
- a