The Education (Publication of Proposals) (Sixth Form College Corporations) (England) Regulations 2010

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Education (Publication of Proposals) (Sixth Form College Corporations) (England) Regulations 2010 and come into force on 24th November 2010.

(2) In these Regulations—

“the Act” means the Further and Higher Education Act 1992; and

“student” includes a pupil(1).

(3) These Regulations apply in relation to England.

Information to be contained in proposals to establish sixth form college corporations

2.  The information prescribed(2) for the purposes of section 33C(3)(b) of the Act (establishment of new bodies corporate as sixth form college corporations) is set out in Part 1 of the Schedule to these Regulations.

Information to be contained in proposals to dissolve sixth form college corporations

3.  The information prescribed for the purposes of section 33N(3)(b) of the Act (dissolution of sixth form college corporations) is set out in Part 2 of the Schedule to these Regulations.

Time and manner of publication of proposals to establish or dissolve sixth form college corporations

4.—(1) The prescribed time and prescribed manner of publication of a proposal for the purposes of sections 33C(3)(a) and 33N(3)(a) of the Act is as provided for by paragraphs (2) to (5).

(2) A proposal to establish or dissolve a sixth form college corporation must be published at least 4 months before the date which is specified in the proposal for the establishment or dissolution of the sixth form college corporation.

(3) The local authority must publish a summary of the proposal—

(a) in at least one newspaper circulating in the area served, or to be served, by the institution to which the proposal relates;

(b) by posting it in at least one conspicuous place within that area; and

(c) in the case of a proposal which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution or, if there is more than one main entrance, all of them.

(4) The local authority must include in the summary a statement that the proposal may be obtained free of charge from the local authority and send a copy free of charge to any person who requests it.

(5) The local authority must send a copy of the proposal to—

(a) the governing body of any institution within the further education sector(3), or any school maintained by a local authority which provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 years, within the local authority;

(b) the Young People’s Learning Agency for England(4);

(c) the Chief Executive of Skills Funding(5);

(d) the Member of Parliament in whose constituency the institution is situated or is proposed to be situated;

(e) any other Member of Parliament whose constituents it appears to the local authority are likely to be affected by the proposal; and

(f) any other person who appears to the local authority to have an interest.

(6) In this regulation, “local authority” means the “responsible local authority” within the meaning of section 90 of the Act.

Period for making representations

5.  The period prescribed, for the purposes of sections 33C(3)(c) and 33N(3)(c) of the Act, is a period of one month beginning on the day on which the last of the events described in regulation 4(3) or (5) takes place.

Jonathan Hill

Parliamentary Under Secretary of State

Department for Education

26th October 2011