PART 1Introductory

Citation, commencement and application1.

(1)

These Regulations may be cited as the Further Education Bodies (Insolvency) Regulations 2019 and come into force on the day after the day on which they are made.

(2)

These Regulations apply to statutory corporations only, except for Part 4 (but not regulation 34) and regulation 40, which apply in addition to companies conducting designated further education institutions in England and Wales2.

Interpretation2.

In these Regulations—

“the Act” means the Insolvency Act 19863;
“the 2006 Act” means the Companies Act 20064;
“Schedule A1” means Schedule A1 to the Act5;
“Schedule B1” means Schedule B1 to the Act6;
“the Rules” means the Insolvency (England and Wales) Rules 20167;

“education administration” means administration entered into pursuant to the making of an education administration order;

“member” means a member of a statutory corporation as set out in that statutory corporation’s instrument of government and articles of government as required by section 20 or 33I of the Further and Higher Education Act 19928;

“statutory corporation” means a further education body as defined in sections 4(2)(a) and (b) and (3)(a) of the Technical and Further Education Act 2017; and

“student member” means a member of a statutory corporation who is or was a student at the statutory corporation at the time during which that person is or was a member.

Application of normal insolvency procedures to statutory corporations: modifications and omissions3.

These Regulations have effect as follows—

(a)

the relevant insolvency legislation9 which is applied to statutory corporations by section 6(2) of the Technical and Further Education Act 2017 is modified—

(i)

generally in Part 2, and

(ii)

specifically in Part 3;

(b)

the provisions set out in Part 4 apply to statutory corporations and (except for the provision referred to in regulation 34) to companies conducting designated further education institutions in England and Wales with the modifications set out in that Part;

(c)

the provisions of the 2006 Act set out in regulation 39, and section 1117 of the 2006 Act, apply to statutory corporations, with the modifications set out in regulations 39 to 42.