Education Act 2002

Further education E+W

136 Provision of education E+W

Regulations may—

(a) [F1 prohibit the provision of education at a further education institution [F2 in Wales] by a person who does not have a specified qualification;]

(b) [F3 prohibit the provision of education at a further education institution [F4 in Wales] 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.

Textual Amendments

F1 S. 136(a) ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(1)(a)

F2 Words in s. 136(a) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(2)(a)

F3 S. 136(b) ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(1)(b)

F4 Words in s. 136(b) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(2)(b)

Commencement Information

I1 S. 136 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I2 S. 136 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

137 Principals of further education institutions E+W

[F5 (1) Regulations may provide that a person may serve as the principal of a further education institution [F6 in Wales] 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).

[F7 (2A) Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).]

(3) A provision of regulations [F8 made under subsection (1) by the Welsh Ministers in relation to Wales] shall not apply to a person who has been appointed as the principal of an institution [F9 in England or Wales ”] 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.]

Textual Amendments

F5 S. 137 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(1)(c)

F6 Words in s. 137(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(2)(c)

F7 S. 137(2A) inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(2), 32(4); S.I. 2007/3505, art. 2(d)

F8 Words in s. 137(3) substituted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(3)(a), 32(4); S.I. 2007/3505, art. 2(d)

F9 Words in s. 137(3) inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(3)(b), 32(4); S.I. 2007/3505, art. 2(d)

Commencement Information

I3 S. 137 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I4 S. 137 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

138 Training in provision of further education E+W

[F10 (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).

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

F10 S. 138 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(1)(d)

F11 S. 138(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 8(2)(d)

Commencement Information

I5 S. 138 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I6 S. 138 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F12 139 Wales: provision of higher education E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 139 omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 7, 11(2); S.I. 2014/1706, art. 3(g)

Commencement Information

I7 S. 139 in force at 1.9.2003 by S.I. 2003/1718, art. 5, Sch. Pt. II

140 Further education: general E+W

(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 [F13 local 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 [F13 local authority], or

  (b)

  is within the further education sector, and

• “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).

[F14 (4) For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution.

(5) “Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.]

Textual Amendments

F13 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), art. 1, Sch. 2 para. 11(2)

F14 S. 140(4)(5) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 6; S.I. 2017/239, art. 2

Commencement Information

I8 S. 140 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I9 S. 140 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2