Statement by the Slovak EU Presidency in response to the presentations by Ambassador A. Mokrani, by Brigadier General F. Vestito and by Mr. N. Severiano Teixeira
There shall be established—
a body corporate to be known as the Further Education Funding Council for England to exercise in relation to England the functions conferred on them, and
a body corporate to be known as the Further Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.
The Further Education Funding Council for England shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
The Further Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
In appointing the members of a council the Secretary of State—
shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of further education or in carrying responsibility for such provision, and
shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
In this Part of this Act any reference to a council is to a further education funding council.
References in the Education Acts to the appropriate further education funding council, in relation to any educational institution—
where the institution mainly serves the population of England, are to the Further Education Funding Council for England and, where the institution mainly serves the population of Wales, are to the Further Education Funding Council for Wales, and
where the institution receives financial support from a further education funding council, are to that council also (if different).
Any dispute as to whether any functions are exercisable by one of the councils shall be determined by the Secretary of State.
Schedule 1 to this Act has effect with respect to each of the councils.
It shall be the duty of each council to secure the provision for the population of their area of sufficient facilities for education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
That duty extends to all persons among that population who may want such education and have not attained the age of nineteen years.
A council shall discharge that duty so as—
to secure that the facilities are provided at such places, are of such character and are so equipped as to be sufficient to meet the reasonable needs of all persons to whom the duty extends, and
to take account of the different abilities and aptitudes of such persons.
A council may secure the provision of facilities for education to which subsection (1) above applies for persons to whom that duty does not extend.
A council shall discharge their functions under this section so as to make the most effective use of the council’s resources and, in particular, to avoid provision which might give rise to disproportionate expenditure.
In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by schools maintained by local education authorities, grant-maintained schools, special schools not maintained by local education authorities, city technology colleges or city colleges for the technology of the arts.
It shall be the duty of each council to secure the provision for the population of their area of adequate facilities for education to which this subsection applies, that is— where the education is provided by means of a course of a description mentioned in Schedule 2 to this Act.
part-time education suitable to the requirements of persons of any age over compulsory school age, and
full-time education suitable to the requirements of persons who have attained the age of nineteen years,
A council shall discharge that duty so as—
to secure that facilities are provided at such places, are of such character and are so equipped as to meet the reasonable need for education to which subsection (1) above applies, and
to take account of the different abilities and aptitudes of persons among that population.
A council may secure the provision of facilities for education to which subsection (1) above applies where they are not under a duty to do so.
A council shall discharge their functions under this section so as to make the most effective use of their resources and, in particular, to avoid provision which might give rise to disproportionate expenditure.
In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by institutions outside the further education sector or higher education sector.
The Secretary of State may by order amend Schedule 2 to this Act.
In exercising their functions under sections 2 and 3 of this Act, each council shall (subject to the provisions of those sections) do so in accordance with subsections (2) to (4) below.
Each council shall have regard to the requirements of persons having learning difficulties.
A council shall, if they are satisfied in the case of any person among the population of their area who has a learning difficulty and is over compulsory school age but has not attained the age of twenty-five years, that— secure provision for him at an institution outside those sectors.
the facilities available in institutions within the further education sector or the higher education sector are not adequate for him, and
it is in his best interests to do so,
A council shall, if they are satisfied that they cannot secure such provision for a person as they are required to secure under subsection (3) above unless they also secure the provision of boarding accommodation for him, secure the provision of boarding accommodation for him.
In exercising their functions under sections 2 and 3 of this Act in the case of any person who has a learning difficulty and is over compulsory school age, a council may—
if they are satisfied that the facilities available in institutions within the further education sector or the higher education sector are not adequate for him, secure provision for him at an institution outside those sectors, and
secure the provision of boarding accommodation for him.
Subject to subsection (7) below, for the purposes of this section a person has a “learning difficulty” if—
he has a significantly greater difficulty in learning than the majority of persons of his age, or
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
A council may give financial support to the governing body of any institution within the further education sector or the higher education sector in respect of—
the provision of facilities for further education, or
the provision of facilities, and the carrying on of any activities, which the governing body of the institution consider necessary or desirable to be provided or carried on for the purpose of or in connection with the provision of facilities for further education.
A council may give financial support to the governing body of any institution within the further education sector in respect of—
the provision of facilities for higher education, or
the provision of facilities, and the carrying on of any activities, which the governing body of the institution consider necessary or desirable to be provided or carried on for the purpose of or in connection with the provision of facilities for higher education.
A council may give financial support to a further education corporation for the purposes of any educational institution to be conducted by the corporation, including the establishment of such an institution.
For the purposes of section 4(3) to (5) of this Act, a council may give financial support to any person other than a local education authority, the governing body of a grant-maintained school or a person maintaining or carrying on a city technology college or city college for the technology of the arts.
A council may give financial support to any person in respect of— relevant to the provision of facilities for further education.
the provision of training or advice, or
the carrying on of research or other activities,
Financial support under this section—
shall take the form of grants, loans or other payments, and
may be given on such terms and conditions as the council think fit.
The terms and conditions on which a council make any grants, loans or other payments under this section may in particular— but shall not relate to the application by the person to whom the financial support is given of any sums derived otherwise than from the council.
enable the council to require the repayment, in whole or in part, of sums paid by the council if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the council in accordance with any of the terms and conditions remains unpaid,
A council may not give any financial support except in accordance with this section.
Before exercising their discretion under section 5(1) to (4) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, a council shall consult such of the following bodies as appear to the council to be appropriate to consult in the circumstances—
such bodies representing the interests of institutions within the further education sector as appear to the council to be concerned, and
the governing body of any particular institution within that sector which appears to the council to be concerned.
In exercising their functions in relation to the provision of financial support under section 5 of this Act a council shall have regard to the desirability of not discouraging any institution in respect of which such support is given from maintaining or developing its funding from other sources.
In exercising those functions a council shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining what appears to them to be an appropriate balance in the support given by them as between institutions of a denominational character and other institutions.
For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to the council that either—
at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,
any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
any of the property held for the purposes of the institution is held upon trust for or in connection with— in accordance with the tenets of a religion or religious denomination.
the provision of education, or
the conduct of an educational institution,
Where— the sponsoring body shall apply to the council specified in the request for financial support to be given to the sponsoring body on terms requiring it to be applied in respect of the provision of the facilities specified in the application by the external institution in that year.
the governing body of an institution within the further education sector to which this subsection applies (“the sponsoring body”) receive from the governing body of an institution outside that sector (“the external institution”) a request for the sponsoring body to apply to a council for financial support in respect of the provision of facilities for part-time, or adult, further education by the external institution in any academic year, and
there are no arrangements for the provision in that year of any facilities of the kind specified in the application for the population of the sponsoring body’s locality by any other institutions or the arrangements for such provision for that population in that year by other institutions are inadequate,
In subsection (5) above— and that subsection applies to an institution within the further education sector if the institution is for the time being specified in an order, or for the time being falls within a description specified in an order, made by the Secretary of State.
references to part-time, or adult, further education are to education provided by means of courses of any description mentioned in Schedule 2 to this Act, and
references to the provision of facilities for such education by any institution in any academic year include the provision of facilities, and the carrying on of any activities, which the governing body of the institution consider necessary or desirable to be provided or carried on for the purpose of or in connection with the provision of facilities for such education by them in that year,
The Secretary of State may make grants to each of the councils of such amounts and subject to such terms and conditions as he may determine.
The terms and conditions subject to which grants are made by the Secretary of State to either of the councils—
may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by the council in respect of activities carried on by the institution, but
shall not otherwise relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.
Such terms and conditions may in particular—
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
Each council— and information and advice provided under this subsection shall be provided in such manner as the Secretary of State may from time to time determine.
shall provide the Secretary of State with such information or advice relating to the provision for the population of their area of further education as he may from time to time require, and
may provide the Secretary of State with such information or advice relating to such provision as they think fit,
Each council shall keep under review the matters in respect of which they have power under this Part of this Act to give financial support.
Where in the case of an institution within the further education sector or which provides any facilities for further education, the Secretary of State has, before the date on which the councils were established, made any grant, loan or other payment to the institution subject to any terms or conditions—
all the functions of the Secretary of State in relation to the grant, loan or other payment shall, if the Secretary of State so directs, be exercisable on his behalf by a council in accordance with such directions as he may give from time to time,
the council shall keep the Secretary of State informed of any action they take or propose to take in the exercise of those functions, and
the council shall immediately pay to the Secretary of State any sums received by them in the exercise of those functions.
The Secretary of State may by order confer or impose on a council such supplementary functions relating to the provision of education as he thinks fit.
For the purposes of subsection (4) above a function is a supplementary function in relation to a council if it is exercisable for the purposes of— and it is relevant to the provision of facilities for further education for the population of the council’s area.
the exercise by the Secretary of State of functions of his under any enactment, or
the doing by the Secretary of State of anything he has power to do apart from any enactment,
Each council shall—
secure that provision is made for assessing the quality of education provided in institutions within the further education sector, and
establish a committee, to be known as the “Quality Assessment Committee”, with the function of giving them advice on the discharge of their duty under paragraph (a) above and such other functions as may be conferred on the committee by the council.
The majority of the members of the committee—
shall be persons falling within subsection (3) below, and
shall not be members of the council.
Persons fall within this subsection if they appear to the council to have experience of, and to have shown capacity in, the provision of further education and, in appointing such persons, the council shall have regard to the desirability of their being currently engaged in the provision of further education or in carrying responsibility for such provision.
Her Majesty’s Chief Inspector of Schools in Wales shall, if asked to do so by the Further Education Funding Council for Wales, assess the quality of education provided in any institutions within the further education sector or any other institutions for which the council give, or are considering giving, financial support under this Part of this Act.
Schedule 1 to this Act shall apply to a committee established under this section as it applies to committees established under paragraph 8 of that Schedule.
In section 8 of the Education Act 1944 (duties of local education authorities) for subsection (1)(b) (secondary education) there is substituted—
After subsection (1) of that section there is inserted—
In subsection (2) of that section (subsidiary obligations) for “fulfilling their duties” there is substituted “exercising their functions”.
At the end of section 9 of the Education Act 1944 (power of local authority to establish schools) there is added—.
In section 13 of the Education Act 1980 (requirement to publish proposal for alteration of voluntary school) after subsection (1) there is inserted—.
In Part III of the Education (No. 2) Act 1986 (conduct of county, voluntary and maintained special schools) after section 16 there is inserted—
In section 9 of the Education Reform Act 1988 (exceptions, etc, relating to religious education for pupils) after subsection (1) there is inserted—
In section 33 of that Act (schemes for financing schools), in subsection (4)(a) (meaning of general schools budget) after “that authority” there is inserted “(other than expenditure in respect of the provision of part-time education suitable to the requirements of persons of any age over compulsory school age or full-time education suitable to the requirements of persons who have attained the age of nineteen years)”.
In section 36 of that Act (delegation to governing body of management of school’s budget share), after subsection (5) (governing body entitled to spend sums for the purposes of the school) there is inserted—.
In section 38 of that Act (determination of budget share), after subsection (3) (matters that must or may be taken into account) there is inserted—.
In section 105 of that Act (city technology colleges etc.), in subsection (2)(b) (must provide education for pupils who have attained eleven but not nineteen years) “but not the age of nineteen years” is omitted.
In section 106 of that Act (prohibition of charges), after subsection (1) (no charges for admission to maintained school) there is inserted—.
In section 57(5) of the Education Reform Act 1988 (provision by grant-maintained school of education which is neither primary nor secondary) after “provided that” there is inserted—.
At the end of section 79 of that Act (grants to grant-maintained schools in respect of expenditure for the purposes of the school) there is added—.
In section 89 of that Act (change of character of grant-maintained school) after subsection (1) there is inserted—
Subject to subsection (2) below, for the purposes of the Education Acts education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, is further education not secondary education.
Subject to subsection (3) below, for the purposes of those Acts— is secondary education not further education.
education falling within section 8(1)(b) of the Education Act 1944 (full-time education suitable to the requirements of pupils of compulsory school age), and
education to which subsection (1) above applies provided at a school where education falling within section 8(1)(b) of that Act is also provided,
For the purposes of the Education Acts education provided for persons who have attained the age of nineteen years is further education not secondary education; but where a person has begun a particular course of secondary education before attaining the age of eighteen years, then, if he continues to attend that course, the education does not cease to be secondary education by reason of his having attained the age of nineteen years.
In subsections (1) to (3) above “education” does not include higher education.
For the purposes of the Education Acts “school” means an educational institution not within the further education sector or the higher education sector, being an institution for providing any one or more of the following— whether or not the institution also provides further education or other secondary education.
primary education,
education which is secondary education by virtue of subsection (2)(a) above, or
education to which subsection (1) above applies,
For the purposes of the Education Acts, and of any instrument made or having effect as if made under those Acts, “pupil” means a person for whom education is being provided at a school, other than—
a person who has attained the age of nineteen years for whom further education is being provided, or
a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.
Before the appointed day the Secretary of State shall by order specify—
each educational institution maintained by a local authority which appears to him to fall within subsection (2) below, and
each county school, controlled school or grant-maintained school which appears to him to fall within subsection (3) below.
An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule.
An institution falls within this subsection if on 17th January 1991 not less than 60 per cent. of the pupils at the institution were receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date.
The name given in the order under subsection (1) above as the name of the institution shall be the initial name of the body corporate.
Where an educational institution, being an institution maintained by a local authority or a grant-maintained school, has been established since 1st November 1990 or, as the case may be, 17th January 1991 by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) or, as the case may be, subsection (3) above if it would have done so if the merger had taken place before that date.
In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) above.
The Secretary of State may by order make provision for the establishment of a body corporate— but shall not make an order in respect of an existing institution without the consent of the governing body.
for the purpose of establishing and conducting an educational institution, or
for the purpose of conducting an existing educational institution,
Subsection (1) above does not apply to an institution which is maintained by a local authority.
that its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule, or
that it 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,
The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
is maintained by a local authority, and
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.
The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.
An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.
In this Act “further education corporation” means a body corporate established under section 15 or 16 of this Act or which has become a further education corporation by virtue of section 33D or 47 of this Act.
In this Part of this Act “operative date”, in relation to a further education corporation and the institution, means—
in the case of a further education corporation established under section 15 of this Act, such date as the Secretary of State may by order appoint in relation to the corporations so established, and
in the case of a further education corporation established under section 16 of this Act, such date as the Secretary of State may by order appoint in relation to that corporation.
The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.
In this section “the appropriate authority” means—
in relation to a proposal or order in respect of an institution in England, the Secretary of State;
in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.
A further education corporation may— and those powers are referred to in section 19 of this Act as the corporation’s principal powers.
provide further and higher education, and
supply goods or services in connection with their provision of education,
provide secondary education suitable to the requirements of persons who have attained the age of fourteeen years,
provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
participate in the provision of secondary education at a school,
For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education corporation if they result from—
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
ideas of a person employed by them, or of one of their students, arising out of their provision of education.
A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local authorities as they consider appropriate.
For the purposes of that subsection, services are supplied in connection with the provision of education by a further education corporation if—
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
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A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
A further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.
A further education corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties ... ).
A further education corporation may—
acquire and dispose of land and other property,
enter into contracts, including in particular—
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
contracts with respect to the carrying on by the corporation of any such activities,
borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under sections 27 to 27C or 33P of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,
form, participate in forming or invest in a company,
invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011),
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
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A person has a learning difficulty if—
he has a significantly greater difficulty in learning than the majority of persons of his age, or
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
A reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
For every further education corporation established to conduct an educational institution there shall be—
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
an instrument in accordance with which the corporation, and the institution, are to be conducted (to be known as articles of government).
Instruments of government and articles of government of further education corporations—
must comply with the requirements of Schedule 4, and
subject to that, may make such other provision as may be necessary or desirable.
The validity of any proceedings of a further education corporation, or of any committee of the corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
Every document purporting to be an instrument made or issued by or on behalf of a further education corporation and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
As from the date on which a further education corporation is established, the instrument of government and articles of government— . . . shall be such as is prescribed by regulations.
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in any other case, shall be such as is prescribed by regulations.
Such . . . regulations—
may provide for all or any of the persons who, on the date on which a corporation is established to conduct the . . . existing institution, are the members of the governing body of the institution to be the initial members of the corporation, and
may make such other provision in relation to . . . existing institutions as appears to the Secretary of State necessary or desirable to secure continuity in their government.
In the case of a further education corporation established to conduct an institution which, on the date the corporation was established, was a maintained school, the governing body incorporated under section 19 of the Education Act 2002 shall, on the operative date, be dissolved.
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A further education corporation may modify or replace their instrument of government or articles of government.
The Secretary of State may, after consulting the appropriate council— but shall not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the corporation.
if a further education corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and
if such a corporation submits draft modifications of an instrument made under paragraph (a) above, by order modify the instrument in terms of the draft or in such terms as he thinks fit,
The Secretary of State may by order modify any instrument of government of any further education corporation.
An order under subsection (2) above—
may relate to all further education corporations, to any category of such corporations specified in the order or to any such corporation so specified, but
shall not be made unless the Secretary of State has consulted the appropriate council and each further education corporation to which the order relates.
A further education corporation may, with the consent of the Secretary of State—
make new articles of government in place of their existing articles, or
modify their existing articles.
The Secretary of State may by a direction under this section require further education corporations, any class of such corporations specified in the direction or any particular further education corporation so specified— in any manner so specified.
to modify their articles of government, or
to secure that any rules or bye-laws made in pursuance of their articles of government are modified,
Before giving a direction under this section, the Secretary of State shall consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.
A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).
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This section has effect in relation to a further education corporation established to conduct an institution which, on the date the corporation was established, was maintained by a local education authority.
Subject to subsection (3) below and section 36 of this Act, on the operative date— shall be transferred to, and by virtue of this Act vest in, that corporation.
all land or other property which, immediately before that date, was property of any local authority used or held for the purposes of the institution the corporation is established to conduct, and
all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes,
Subsection (2) above shall not apply to—
any liability of any such authority in respect of the principal of, or interest on, any loan, or
any property, rights or liabilities excluded under subsections (4) or (5) below.
If before the operative date— the land, and any rights or liabilities relating to it, shall be excluded.
the governing body of the institution and the local authority have agreed in writing to exclude any land, and
the Secretary of State has given his written approval of the agreement,
If in default of agreement under subsection (4) above— the land, and any rights or liabilities relating to it, shall be excluded.
the governing body or the local authority have applied to the Secretary of State to exclude any land, and
the Secretary of State has by order directed its exclusion,
An agreement under subsection (4) above may provide for the land to be used for the purposes of the institution on such terms as may be specified in or determined in accordance with the agreement; and directions under subsection (5) above—
may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and
shall have effect as if contained in such an agreement.
References in subsections (4) and (5) above to anything done, other than the making of an order, include anything done before the passing of this Act.
On the operative date— shall be transferred to and, by virtue of this Act, vest in the corporation.
all land and other property which, immediately before that date, was property of the former governing body, and
all rights and liabilities of that body subsisting immediately before that date,
In subsection (8) above “former governing body” in relation to an institution means the governing body of the institution immediately before the operative date.
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Where in exercise of their powers under section 2 of the Further Education Act 1985 a local authority— and a further education corporation is established to conduct the institution, then, the rights and liabilities of the authority under or by virtue of the agreement or, as the case may be, the interest of the authority in the shares shall be treated as falling within section 23(2) of this Act.
have entered into an agreement for the supply of goods or services or both through an educational institution, or
for the purposes of any agreement for such a supply through such an institution, hold shares in any body corporate,
Expressions used in subsection (1) above and in section 2 of that Act have the same meaning as in that section.
Where, immediately before the operative date in relation to a further education corporation, arrangements exist for the supply by a local authority of goods or services for the purposes of the institution in pursuance of a bid prepared under section 7 of the Local Government Act 1988 (restrictions on activities of local authorities), those arrangements shall have effect as from that date as if—
they were contained in an agreement made before that date between the local authority and the corporation on the terms specified in the bid, and
the agreement required the corporation or, as the case may be, the local authority to make payments corresponding to the provision made in the bid in pursuance of section 8(3) of that Act for items to be credited or, as the case may be, debited to any account.
Where such arrangements are for the supply to others as well as to the institution—
those arrangements shall have effect as mentioned in subsection (3) above only to the extent that they relate to the institution in question, and
the rights and liabilities arising under the agreement shall be such rights and liabilities as are properly required to give effect to the arrangements so far as relating to that institution.
Where at any time land is used for the purposes of such an institution, any interest of a local authority in the land subsisting at that time shall be taken for the purposes of section 23 of this Act to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).
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This section has effect in relation to a further education corporation established to conduct an institution which, on the date the corporation was established, was a grant-maintained school.
On the operative date— shall be transferred to and, by virtue of this Act, vest in the corporation.
all land or other property which, immediately before that date, was property of the governing body, and
all rights and liabilities of that body subsisting immediately before that date,
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This section applies to any person who immediately before the operative date in relation to a further education corporation established to conduct an institution which, on the date the corporation was established, was maintained by a local education authority or was a grant-maintained school—
is employed by the transferor to work solely at the institution the corporation is established to conduct, or
is employed by the transferor to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.
A contract of employment between a person to whom this section applies and the transferor shall have effect from the operative date as if originally made between that person and the corporation.
Without prejudice to subsection (2) above—
all the transferor’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the operative date, and
anything done before that date by or in relation to the transferor in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.
Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
An order under this section may designate a person either individually or as a member of a class or description of employees.
References in this section, in relation to a further education corporation, to the transferor are—
in relation to a corporation established to conduct an institution which, on the date on which it was established, was maintained by a local education authority, that authority,
in relation to a corporation established to conduct an institution which, on that date, was a voluntary aided or special agreement school, the governing body of the school, and
in relation to a corporation established to conduct an institution which, on that date, was a grant-maintained school, the governing body of the school.
For the purposes of this section—
a person employed by the transferor is to be regarded as employed to work at an institution if his employment with the transferor for the time being involves work at that institution, and
subject to subsection (8) below, a person employed by the transferor is to be regarded as employed to work solely at an institution if his only employment with the transferor (disregarding any employment under a separate contract with the transferor) is for the time being at that institution.
A person employed by the transferor in connection with the provision of meals shall not be regarded for the purposes of subsection (7)(b) above as employed to work solely at an institution unless the meals are provided solely for consumption by persons at the institution.
This section is subject to section 48 of this Act.
Subject to the following provisions of this section, the Secretary of State may by order provide for the dissolution of any further education corporation and the transfer to any person mentioned in subsection (2) or (3) below of property, rights and liabilities of the corporation.
This section applies if a further education corporation propose that the corporation should be dissolved.
Such property, rights and liabilities may be transferred to— with the consent of the person or body in question.
details of the proposal, and
such other information as may be prescribed by regulations made by the appropriate authority.
The corporation must publish—
Such property, rights and liabilities may be transferred to—
a council, or
a higher education funding council.
The publication is to be in accordance with regulations made by the appropriate authority.
The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.
In this section, “the appropriate authority” means—
in relation to a further education corporation in England, the Secretary of State, and
in relation to a further education corporation in Wales, the Welsh Ministers.
An order under this section may apply section 26 of this Act with such modifications as the Secretary of State may consider necessary or desirable.
Before making an order under this section in respect of a further education corporation the Secretary of State shall consult—
the corporation, and
the appropriate council, unless the order was made for the purpose of giving effect to a proposal of that council.
This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.
“The dissolution date” means the date specified in a resolution under subsection (1).
The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.
The corporation are dissolved on the dissolution date.
In this section, “the appropriate authority” has the meaning given in section 27.
See also section 27C (restrictions on dissolution in insolvency situations).
At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.
The corporation may do so only with the consent of the person or body concerned.
A transfer under subsection (1) has effect on the dissolution date.
Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.
Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
In this section, “the appropriate authority” has the meaning given in section 27.
A further education corporation have no power under section 27A to resolve that the corporation should be dissolved if—
the corporation is in education administration under Chapter 4 of Part 2 of the Technical and Further Education Act 2017,
a voluntary arrangement in relation to the corporation has been proposed under Part 1 of the Insolvency Act 1986 and the matter has not been finally concluded,
the corporation is in administration under Part 2 of the Insolvency Act 1986,
paragraph 44 of Schedule B1 to the Insolvency Act 1986 applies (interim moratorium on proceedings where application to the court for an administration order has been made), or
the corporation is being wound up, whether voluntarily or by the court, under Part 4 of the Insolvency Act 1986 or a petition under that Part for winding up of the corporation by the court has been presented and not finally dealt with or withdrawn.
For the purposes of subsection (1)(b), the matter is finally concluded if—
no meetings are to be summoned under section 3 of the Insolvency Act 1986,
meetings summoned under that section fail to approve the arrangement with no, or the same, modifications,
an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act, has been fully implemented, or
the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the corporation has done whatever it is required to do under those directions.
In this section—
a reference to paragraph 44 of Schedule B1 to the Insolvency Act 1986 is to that paragraph as it applies to a further education corporation by virtue of—
section 6 of the Technical and Further Education Act 2017 (application of normal insolvency procedures), or
Schedule 3 to the Technical and Further Education Act 2017 (special education administration);
any other reference to a provision of the Insolvency Act 1986 is to that provision as it applies to a further education corporation by virtue of section 6 of the Technical and Further Education Act 2017.
The appropriate authority may by order designate for the purposes of this section any educational institution principally concerned with the provision of one or both of the following— if the institution meets the requirements of subsection (2) below.
full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
courses of further or higher education,
The institution must be one of the following—
a voluntary aided school (other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),
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an institution which is grant-aided or eligible to receive aid by way of grant or
an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.
For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than local authorities who—
receive any grants under regulations made under section 485 of the Education Act 1996, or
are eligible to receive such grants.
In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.
The appropriate authority shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local authority.
In this section “the appropriate authority”—
in relation to an educational institution in England, means the Secretary of State;
in relation to an educational institution in Wales, means the Welsh Ministers.
This section applies to a designated institution, other than—
an institution conducted by a company, or
an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption.
For each designated institution to which this section applies, there is to be—
an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and
an instrument in accordance with which the institution is to be conducted (to be known as the articles of government).
In sections 29A to 29C—
was in force when the designation took effect and is approved for the purposes of this section by the Secretary of State,
In section 205 (procedure for exercise of University Commissioners’ powers)—
is made in pursuance of a power under a regulatory instrument, or is made under subsection (5) below, and is approved for the purposes of this section by the Secretary of State, or
is made under subsection (6) below.
In this section “regulatory instrument”, in relation to an institution, means any instrument of government or articles of government and any other instrument relating to or regulating the institution.
Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the governing body of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.
The Secretary of State may by order make either of the instruments referred to in subsection (2) above and any instrument made by him under this subsection may replace wholly or partly any existing regulatory instrument.
If an instrument approved by the Secretary of State for the purposes of this section— the instrument may be modified by the governing body.
falls within subsection (3)(a) above or was made in pursuance of a power under a regulatory instrument and, apart from this section, there is no power to modify it, or
was made by the governing body of the institution,
The Secretary of State may by order modify either of the instruments referred to in subsection (2) above and no instrument approved by him for the purposes of this section may be modified by any other person without the Secretary of State’s consent.
Before exercising any power under subsection (6) or (8) above in relation to any instrument the Secretary of State shall consult— so far as it appears to him to be practicable to do so.
the governing body of the institution, and
where there is such a power as is mentioned in subsection (3)(b) above to make or, as the case may be, modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,
for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the school is conducted in accordance with any trust deed relating to it, and
Notwithstanding anything in sections 29 to 29B of this Act, the instrument of government of a designated institution to which this section applies must provide—
for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
for the majority of members of the governing body to be such governors.
for the majority of members of the governing body to be such governors.
This section applies to—
an institution which, when designated, was a voluntary aided school, and
an institution specified, or falling within a class specified, by the Secretary of State by order.
The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.
The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3)....
The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect.
The instrument must meet one of the following requirements—
the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority;
the instrument—
is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and
(in either case) is approved for the purposes of this section by the appropriate authority;
the instrument is made by the appropriate authority by order.
An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument.
Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult—
the governing body of the institution, and
where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.
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In this section “the appropriate authority”—
in relation to an institution in England, means the Secretary of State;
in relation to an institution in Wales, means the Welsh Ministers.
This section has effect in relation to any designated institution in Wales conducted by a company.
The articles of association of the company shall incorporate—
provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and
provision with respect to the conduct of the institution (to be known as the articles of government of the institution).
The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that— are amended in such manner as he may specify in the direction.
the articles of association of the company, or
any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,
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No amendment of the articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.
Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.
This section applies to a designated institution to which section 29 applies.
The governing body of the institution may modify or replace its instrument of government and articles of government.
If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution.
The instrument of government and articles of government (as modified or replaced)—
must comply with the requirements of Schedule 4, and
subject to that, may make such other provision as may be necessary or desirable.
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This section has effect in relation to an institution designated under section 28 of this Act in any case where—
the order designating the institution under that section so provides, and
when designated the institution was a voluntary aided school or an institution (other than a school) assisted by a local education authority.
Subject to subsection (4) below and section 36 of this Act, on the designation date— shall be transferred to and, by virtue of this Act, vest in the appropriate transferees.
all land or other property which, immediately before that date, was property of a former assisting authority used or held for the purposes of the institution, and
all rights and liabilities of that authority subsisting immediately before that date which were acquired or incurred for those purposes,
In this section and section 33 of this Act—
in the case of a further education corporation or a sixth form college corporation, the corporation, and
In section 5(6) of the Employment Act 1989 (exemption for discrimination in connection with certain educational appointments)—
“instrument” means an instrument of government or articles of government.
in relation to a proposal relating to the establishment of a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is proposed to be situated;
in relation to an institution which when designated was a voluntary aided school, the local education authority which maintained the school, and
“the participating bodies”, in relation to an arrangement, means— the parties to the arrangement, the Further Education Funding Council for Wales, and each governing body of a school which has consented to the arrangement; and
Subsection (2) above shall not apply to—
any liability of a former assisting authority in respect of the principal of, or interest on, any loan, or
any property, rights or liabilities excluded under subsections (5) or (6) below.
If before the designation date— the land, and any rights or liabilities relating to it, shall be excluded.
the appropriate transferees and the former assisting authority have agreed in writing to exclude any land, and
the Secretary of State has given his written approval of the agreement,
If in default of agreement under subsection (5) above— the land, and any rights or liabilities relating to it, shall be excluded.
the appropriate transferees or the former assisting authority have applied to the Secretary of State to exclude any land, and
the Secretary of State has by order directed its exclusion,
An agreement under subsection (5) above may provide for the land to be used for the purposes of the institution on such terms as may be specified in or determined in accordance with the agreement; and directions under subsection (6) above—
may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and
shall have effect as if contained in such an agreement.
References in subsections (5) and (6) above to anything done, other than the making of an order, include anything done before the passing of this Act.
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Subject to section 36(2) of this Act, where persons appearing to the Secretary of State to be trustees holding property for the purposes of the institution are the appropriate transferee, any land or other property or rights transferred to them under section 32 of this Act shall be held on the trusts applicable under such trust deed relating to or regulating that institution (if any) as may be specified in the order designating the institution or, if no such trust deed is so specified, on trust for the general purposes of the institution.
Where persons so appearing to the Secretary of State are the appropriate transferee, they shall incur no personal liability by virtue of any liability so transferred but may apply any property held by them on trust for the purposes of the institution in meeting any such liability.
Where at any time land is used for the purposes of an institution, any interest of a local authority in the land subsisting at that time shall be taken for the purposes of that section to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).
References in this Part of this Act to the operative date, in relation to a designated institution, are to the designation date.
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The Secretary of State may by order provide for any land or other property of a local authority to be made available for use by an institution within the further education sector (referred to in this section as the “new sector institution”) if the requirements of subsection (2) below are satisfied.
Those requirements are that in the opinion of the Secretary of State—
the property—
either has within the preceding six months been used for the purpose of the provision of further education by an institution maintained by a local education authority but its use for that purpose has been discontinued or the local education authority intend its use for that purpose to be discontinued, or
is being used for that purpose but the local education authority intend its use for that purpose to be discontinued, and
it is necessary or desirable for the property to be available for use for the purposes of the new sector institution but the governing body of that institution have been unable to secure agreement with the local authority, on such terms as may reasonably be required, to secure that the property is so available.
The Secretary of State shall not make an order under this section unless—
the governing body of the new sector institution have applied to him, before the end of the period of three years beginning with the date which is the operative date in relation to further education corporations established under section 15 of this Act, for such an order to be made, and
he has consulted the appropriate council, the local authority and the Education Assets Board.
For the purpose of making any property available for use for the purposes of an institution, an order under this section may—
transfer to, and vest in, the governing body—
the property concerned, and
any rights or liabilities of the local authority acquired or incurred for the purpose of the provision of further education there, or
confer any rights or impose any liabilities and, to the extent (if any) that the order does so, it shall have effect as if contained in an agreement between the local authority and the governing body.
Subsection (4)(a)(ii) above shall not apply to any liability of the local authority in respect of the principal of, or interest on, any loan.
References in this section to use for the purpose of the provision of further education are to use wholly or mainly for that purpose.
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This section applies where—
for the purpose of making any property of a local authority available for use for the purposes of an institution within the further education sector, an order is made under section 34 of this Act,
at any time on or after such date as may be specified by the order a person employed by the local authority ceases to be so employed and is subsequently employed by the governing body of the institution, and
by virtue of section 84 of the Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.
Schedule 13 to that Act (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions—
the period of employment of that person with the local authority shall count as a period of employment with the governing body, and
the change of employer shall not break the continuity of the period of employment.
The period of that person’s employment with the local authority shall count as a period of employment with the governing body for the purposes of any provision of his contract of employment with the governing body which depends on his length of service with that employer.
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This section applies to any transfer under section 23 or 32 of this Act, and those sections are subject to Schedule 5 to this Act.
Where any land or other property or rights— they shall continue to be so held by the transferee.
were immediately before the operative date in relation to any institution held on trust for any particular purposes, or (as the case may be) for the general purposes, of the institution, and
fall to be transferred under any transfer to which this section applies,
Schedule 5 to this Act has effect for the purpose of—
dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one educational institution,
excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,
providing for identifying and defining the property, rights and liabilities which fall to be so transferred, and
making supplementary and consequential provisions in relation to transfers to which this section applies.
Where arrangements for the supply by a local authority of goods or services for the purposes of an institution to be conducted by a further education corporation are to have effect as from the operative date in accordance with section 24(4) of this Act as if contained in an agreement made before that date between the local authority and the corporation, paragraphs 2 to 5 of Schedule 5 to this Act shall have effect as if the rights and liabilities of the corporation under the agreement were rights and liabilities of the local authority transferred to the corporation under a transfer to which this section applies.
In carrying out the functions conferred or imposed on them by that Schedule, it shall be the duty of the Education Assets Board to secure that each transfer to which this section applies is, so far as practicable, fully effective on the date on which it takes effect under this Act.
Where in accordance with that Schedule anything falls to be or may be done by the Board for the purposes of or in connection with any such transfer— and in a case where the transferee is a body corporate established under this Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act.
it may not be done by the transferee, and
in doing it the Board shall be regarded as acting on behalf and in the name of the transferee,
Not later than the end of the period of six months beginning with the operative date in relation to a further education corporation established under section 15 of this Act, the Board shall provide the appropriate council with a written statement giving such particulars of all property, rights and liabilities transferred to that corporation as are then available to the Board.
If in any case within subsection (7) above full particulars of all property, rights and liabilities transferred to the corporation concerned are not given in the statement required under that subsection, the Board shall provide the appropriate council with a further written statement giving any such particulars omitted from the earlier statement as soon as it is possible for them to do so.
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This section applies where, immediately before the date on which any educational institution becomes an institution within the further education sector— and in the financial year ending immediately before that date (referred to in this section as the “relevant financial year”), the institution was covered by a scheme under section 33 or 139 of the Education Reform Act 1988 (schemes for financing schools or institutions of further or higher education); and in this section, in relation to the institution, the scheme is referred to as the “applicable scheme” and the authority concerned as the “assisting authority”.
it is maintained by a local education authority, or
it is a designated assisted institution dependent on assistance from a local education authority,
If the net expenditure of the institution for the relevant financial year is less than the net budget share of the institution for that year, the assisting authority shall pay to the new governing body of the institution a sum equal to the shortfall.
If the net expenditure of the institution for the relevant financial year is greater than the net budget share of the institution for that year, the new governing body of the institution shall pay to the assisting authority a sum equal to the excess.
In this section, in respect of any financial year of the institution—
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and
Any sum payable under this section shall be paid in accordance with regulations, and the regulations may provide for sums to be payable by prescribed instalments and for sums to carry prescribed interest.
Regulations may, in the case of any institution where the operative date falls within a financial year in which the institution was covered by such a scheme as is referred to in subsection (1) above, make provision for applying this section with modifications relating to the amounts that are to be taken for the purposes of this section to be the net budget share and the net expenditure of the institution for that year.
In this section, in respect of any financial year of the institution—
“ (aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and “ (ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.
In this section—
references to a designated assisted institution are references to an institution designated by or under regulations made, or having effect as if made, under section 218(10)(b) of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from local education authorities, and
“prescribed” means prescribed by regulations.
For the purposes of this section a designated assisted institution shall be regarded as dependent on assistance from a local education authority if it is assisted by that authority and either—
it is not assisted by any other local education authority, or
that authority provides a larger proportion than any other local education authority by whom the institution is assisted of the aggregate amount of the sums received by the governing body of the institution during any financial year by way of assistance from such authorities in respect of the expenses of maintaining the institution.
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This section applies to any excepted loan liability, that is, any liability of a local authority which—
in the case of a transfer by virtue of section 23 of this Act, would have been transferred but for subsection (3)(a) of that section,
in the case of a transfer by virtue of section 32 of this Act, would have been transferred but for subsection (4)(a) of that section, or
in the case of a transfer by virtue of section 34(4)(a) of this Act, could have been transferred but for subsection (5) of that section.
A council may make payments, on such terms and conditions as the council may determine, to a local authority in respect of the principal of, and any interest on, any excepted loan liability of that authority.
No payment shall be made under this section in respect of any excepted loan liability, where the class or classes of excepted loan liabilities in respect of which payments may be made are for the time being prescribed by an order of the Secretary of State, unless the liability falls within a prescribed class.
The Secretary of State may by order provide for determining— and, in the case of any payment to which such an order applies, no amount may be paid under this section in excess of any amount determined in accordance with the order.
the amounts that may be paid under this section in respect of the principal of, and any interest on, any excepted loan liability,
the instalments by which any amounts may be paid, and
the rate at which interest may be paid on any outstanding amounts,
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Subject to subsection (11) below, this section applies to any disposal during the controlled period—
of land which, immediately before the beginning of that period, was used or held for the purposes of any relevant institution, or
of land which was obtained before the beginning of that period for the purpose of being so used or held and had not before the beginning of that period been appropriated to any other use.
For the purposes of this section and sections 41 and 43 of this Act, an institution is a relevant institution if—
it is an educational institution maintained by a local education authority and falls within section 15(2) of this Act,
it is a county school or controlled school and falls within section 15(3) of this Act, or
it is an educational institution such as is mentioned in section 28(1) of this Act and meets the requirements of subsection (2)(a) or (b) of that section.
In this section “the controlled period” means the period beginning with 22nd March 1991 and ending with—
the operative date in relation to the institution in question or, if later, the date on which any matter relating to that land on which agreement is required to be reached under paragraph 2(1) of Schedule 5 to this Act is finally determined, or
in the case of an institution falling within paragraph (c) above, 21st March 1995 if earlier.
Except with the consent of the Secretary of State, no local authority shall after the passing of this Act make a disposal to which this section applies.
If at any time after 21st March 1991 and before the passing of this Act such an authority have made a disposal which would have been in contravention of the provisions of subsection (4) above if they had then been in force the same consequences shall follow as if those provisions had been contravened by that authority.
Any consent for the purposes of this section may be given either in respect of a particular disposal or in respect of disposals of any class or description and either unconditionally or subject to conditions.
Any signification of consent for the purposes of this section, or of such consent subject to conditions, given by the Secretary of State before the passing of this Act in respect of any disposal to which this section applies, shall be treated for the purposes of this section as a consent, or a consent subject to the conditions, given under this section.
This section has effect notwithstanding anything in section 123 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to any consent required by subsection (2) of that section or by any other enactment.
A disposal shall not be invalid or, in the case of a disposal which consists of a contract, void by reason only that it has been made or entered into in contravention of this section; and (subject to the provisions of section 40 of this Act) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given or any conditions have been complied with.
In this section references to disposing of land include—
granting or disposing of any interest in land,
entering into a contract to dispose of land or to grant or dispose of any such interest, and
granting an option to acquire any land or any such interest.
This section does not apply to a disposal falling within subsection (10)(a) above if it is made in pursuance of a contract entered into, or an option granted, on or before 21st March 1991.
Where at any time land is used for the purposes of an institution, any interest of a local authority in the land subsisting at that time shall be taken for the purposes of subsection (1) above to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).
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This section applies where a local authority have made any disposal to which section 39 of this Act applies in contravention of that section (referred to below in this section as a wrongful disposal).
Where a wrongful disposal consists in entering into a contract to dispose of any land or to grant or dispose of any interest in land, the Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before the conveyance or grant of the land or interest in land to which it relates is completed or executed.
Where a wrongful disposal consists in granting an option to acquire any land or any interest in land, the Education Assets Board may by notice in writing served on the option holder repudiate the option at any time before it is exercised.
A repudiation under subsection (2) or (3) above shall have effect as if made by the local authority concerned.
Where a wrongful disposal consists in granting or disposing of any interest in land (whether or not in pursuance of any earlier disposal of a description falling within subsection (2) or (3) above) the Education Assets Board may be authorised by the Secretary of State to purchase compulsorily the interest in land which was the subject of the disposal.
The Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land under subsection (5) above as if references in sections 12 and 13 of that Act to every owner of the land included references to the local authority concerned.
On completion of a compulsory purchase under that subsection of any interest in land, the Education Assets Board shall convey that interest to the appropriate transferee.
In subsection (7) above, “the appropriate transferee” means—
where the interest disposed of, or the land in which the interest was granted, was— the further education corporation established under this Act to conduct that institution, and
used or held by the local authority concerned for the purposes of an institution to which section 39(2)(a) or (b) of this Act applies, or
obtained by that authority for the purpose of being so used or held,
where the interest disposed of, or the land in which the interest was granted, was— the appropriate transferee within the meaning of section 32 of this Act in relation to that institution.
so used or held for the purposes of an institution to which section 39(2)(c) of this Act applies, or
obtained by the authority concerned for the purpose of being so used or held,
Where the Education Assets Board acquire any interest in land by a compulsory purchase under subsection (5) above the Board shall be entitled to recover from the local authority concerned an amount equal to the aggregate of—
the amount of compensation agreed or awarded in respect of that purchase, together with any interest payable by the Board in respect of that compensation in accordance with section 11 of the Compulsory Purchase Act 1965 or section 52A of the Land Compensation Act 1973, and
the amount of the costs and expenses incurred by the Board in connection with the making of the compulsory purchase order.
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This section applies, subject to subsection (5) below, to any contract which, if a relevant institution were to become an institution within the further education sector, would or might on or after the operative date bind the governing body of the institution.
Except with the appropriate consent, a local authority shall not after the passing of this Act enter into a contract to which this section applies.
If at any time after 21st March 1991 and before the passing of this Act a local authority have entered into a contract which would have been in contravention of the provisions of subsection (2) above if they had then been in force, the same consequences shall follow as if those provisions had been contravened by the local authority.
In relation to any contract the appropriate consent is—
the consent of the existing governing body of the institution, and
if (on the assumption in subsection (1) above) the contract will require the governing body of the institution to make payments on or after 1st April 1993 amounting in aggregate to £50,000 or more, the consent of the Secretary of State.
This section does not apply to—
a works contract (within the meaning of Part III of the Local Government, Planning and Land Act 1980) which is entered into in accordance with section 7 of that Act, or
a works contract (within the meaning of Part I of the Local Government Act 1988) which is entered into in accordance with section 4 of that Act.
Any consent for the purposes of this section may be given either in respect of a particular contract or in respect of contracts of any class or description and either unconditionally or subject to conditions.
Any signification of consent for the purposes of this section, or of such consent subject to conditions, given by the governing body of an institution or the Secretary of State before the passing of this Act in respect of any contract to which this section applies shall be treated for the purposes of this section as a consent, or a consent subject to the conditions, given under this section.
A contract shall not be void by reason only that it has been entered into in contravention of this section and (subject to section 42 of this Act) a person entering into a contract with a local authority shall not be concerned to enquire whether any consent required by this section has been given or any conditions of such a consent have been complied with.
Where there is an obligation under a contract to which this section applies to provide any benefit other than money, subsection (4)(b) above shall apply as if the obligation were to pay a sum of money corresponding to the value of the benefit to the recipient.
This section does not apply to a contract to dispose of land or to grant or dispose of any interest in land.
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This section applies where a local authority have entered into a contract to which section 41 of this Act applies in contravention of that section.
The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.
A repudiation under subsection (2) above shall have effect as if made by the local authority concerned.
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Where, in consequence of a determination by the local education authority or any other person of the rate of remuneration of any employees, the rate of remuneration of any relevant employees would, apart from this section, be increased as from a date (referred to in this section as the “proposed date of increase”) falling after 1st September 1992, the authority—
shall notify the Secretary of State in writing of the determination and the proposed date of increase, and
shall not pay any relevant employee at the new rate unless the increase is authorised under this section by the Secretary of State.
In this section “relevant employees” means persons who are employed at institutions which are relevant institutions by virtue of section 39(2)(a) or (b) of this Act.
This section does not apply to remuneration determined in accordance with the scales and other provisions set out or referred to in a pay and conditions order (within the meaning of the School Teachers' Pay and Conditions Act 1991).
Where the Secretary of State receives a notification under subsection (1) above, he shall, before the end of the period of four weeks beginning with the day on which he received the notification, either—
authorise the increase resulting from the determination so far as it relates to relevant employees, or
afford to the authority, and to such persons appearing to him to be representative of relevant employees affected by the determination as he considers appropriate, an opportunity of making representations to him in respect of the determination.
After considering any representations made to him under subsection (4)(b) above, the Secretary of State shall— so far as it relates to relevant employees.
authorise the increase resulting from the determination, or
refuse to authorise the increase,
The Secretary of State shall give written notification of any decision under subsection (4)(a) or (5) above to the local education authority and, in the case of subsection (5) above, to any other persons who made representations to him under subsection (4)(b) above.
Subsection (8) below applies where—
by virtue of this section a relevant employee is not paid at the new rate on the proposed date of increase, but
the Secretary of State authorises the increase after that date.
Where this subsection applies, the employee concerned shall, for the purpose of determining the terms of any contract affected by section 26 of this Act, be regarded as having been entitled under his contract of employment to be paid by the local education authority at the new rate as from the proposed date of increase.
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
A body corporate is within this subsection if it is—
a further education corporation established in respect of an institution in England, or
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
On the date specified in the order—
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
An order under subsection (1) may—
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
make provision as to the initial name of the corporation as a sixth form college corporation.
The power conferred by subsection (1)—
is exercisable only once;
is not exercisable after the date specified in an order made by the Secretary of State.
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
A body corporate is within this subsection if it is—
a further education corporation established in respect of an institution in England, or
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
An order under subsection (1) may be made only if—
an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
the institution is one within subsection (4).
An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
On the date specified in the order—
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
An order under subsection (1) may—
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
make provision as to the initial name of the corporation as a sixth form college corporation.
The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
An order under subsection (1) may be made only if—
a proposal relating to the order has been made by a person or body (“the proposer and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
it appears to the Secretary of State that the institution will when established be one within subsection (4).
The requirements are that—
the proposer has published the proposal by the prescribed time and in the prescribed manner;
the proposal as published contained prescribed information;
the proposer has considered any representations about the proposal made to the proposer within the prescribed period.
An institution is within this subsection if—
the institution is in England, and
on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
An order under subsection (1)—
must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
may make provision as to the initial name of the corporation as a sixth form college corporation.
The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
An order under subsection (1) may be made only if—
an application for the order has been made by the governing body of the relevant sixth form college, ...
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An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
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On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
An order under subsection (1) may—
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
make provision as to the initial name of the corporation as a further education corporation.
A sixth form college corporation may do any of the following—
provide further and higher education,
provide secondary education suitable to the requirements of persons who have attained the age of 14,
provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
participate in the provision of secondary education at a school,
supply goods or services in connection with their provision of education.
The powers conferred by subsection (1) and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) are referred to in section 33F as the corporation's principal powers.
A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such local authorities as they consider appropriate.
For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
ideas of a person employed by them, or one of their students, arising out of their provision of education.
For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
The facilities include—
boarding accommodation and recreational facilities for students and staff, and
facilities to meet the needs of students with learning difficulties.
A sixth form college corporation may—
acquire and dispose of land and other property,
enter into contracts, including in particular—
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
contracts with respect to the carrying on by the corporation of any such activities,
form, participate in forming or invest in a company,
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011),
borrow such sums as the corporation think fit for the purposes of—
carrying on any activities they have power to carry on, or
meeting any liability transferred to them under sections 23 to 27C or 33P ,
in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
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For the purposes of this section a person has a learning difficulty if—
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
A reference in this section ... to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
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For every sixth form college corporation there is to be—
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
Instruments of government and articles of government—
must comply with the requirements of ...Schedule 4, and
subject to that, may make such other provision as may be necessary or desirable.
Subsection (2) is subject to section 33J.
The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
a vacancy among the members, or
a defect in the appointment or nomination of a member.
Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
duly executed under the seal of the corporation, or
signed or executed by a person authorised by the corporation to act in that behalf.
The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
for the majority of members of the governing body of the relevant sixth form college to be such governors.
A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).
This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
The references in subsections (1)(a) and (1A) to the established character of a sixth form college are , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, references to the character which the sixth form college is intended to have on its establishment.
The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the Secretary of State by order .
An order under subsection (1) may not be made unless—
the Secretary of State has consulted the corporation, and
in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.
A sixth form college corporation may modify or replace their instrument of government or articles of government.
A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.
A sixth form college corporation is a charity ... (and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).
This section applies if a sixth form college corporation propose that the corporation should be dissolved.
The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations.
The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.
This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date.
“The dissolution date” means the date specified in a resolution under subsection (1).
The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable.
The corporation are dissolved on the dissolution date.
See also section 33Q (restrictions on dissolution in insolvency situations).
At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4).
The corporation may do so only with the consent of the person or body concerned.
A transfer under subsection (1) has effect on the dissolution date.
In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college.
Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.
Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).
A sixth form college corporation have no power under section 33O to resolve that the corporation should be dissolved if—
the corporation is in education administration under Chapter 4 of Part 2 of the Technical and Further Education Act 2017,
a voluntary arrangement in relation to the corporation has been proposed under Part 1 of the Insolvency Act 1986 and the matter has not been finally concluded,
the corporation is in administration under Part 2 of the Insolvency Act 1986,
paragraph 44 of Schedule B1 to the Insolvency Act 1986 applies (interim moratorium on proceedings where application to the court for an administration order has been made), or
the corporation is being wound up, whether voluntarily or by the court, under Part 4 of the Insolvency Act 1986 or a petition under that Part for winding up of the corporation by the court has been presented and not finally dealt with or withdrawn.
For the purposes of subsection (1)(b), the matter is finally concluded if—
no meetings are to be summoned under section 3 of the Insolvency Act 1986,
meetings summoned under that section fail to approve the arrangement with no, or the same, modifications,
an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act, has been fully implemented, or
the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the corporation has done whatever it is required to do under those directions.
In this section—
a reference to paragraph 44 of Schedule B1 to the Insolvency Act 1986 is to that paragraph as it applies to a sixth form college corporation by virtue of—
section 6 of the Technical and Further Education Act 2017 (application of normal insolvency procedures), or
Schedule 3 to the Technical and Further Education Act 2017 (special education administration);
any other reference to a provision of the Insolvency Act 1986 is to that provision as it applies to a sixth form college corporation by virtue of section 6 of the Technical and Further Education Act 2017.
This section applies to any institution within the further education sector which 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.
An institution is of voluntary origin for the purposes of this section if—
immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
it is designated for the purposes of this paragraph by order of the Secretary of State, or
it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
In an institution of voluntary origin such act of collective worship shall —
be in such forms as to comply with the provisions of any trust deed affecting the institution, and
reflect the religious traditions and practices of the institution before it joined the further education sector.
The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.
In all other institutions to which this section applies such act of collective worship shall be wholly or mainly of a broadly Christian character in that it shall reflect the broad traditions of Christian belief but need not be distinctive of any particular Christian denomination.
If the governing body of an institution to which this section applies considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain.
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In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).
This section applies to any institution to which section 44 of this Act applies.
An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).
The governing body of an institution to which this section applies shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend.
For the purposes of this section religious education may take the form of a course of lectures or classes or of single lectures or classes provided on a regular basis and may include a course of study leading to an examination or the award of a qualification.
The form and content of religious education provided pursuant to this section shall be determined from time to time by the governing body of institution to which this section applies and—
in the case of an institution of voluntary origin—
shall be in accordance with the provisions of any trust deed affecting the institution, and
shall not be contrary to the religious traditions of the institution before it joined the further education sector;
in the case of all other institutions to which this section appliesshall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.
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The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument—
relating to or regulating an institution within the further education sector, or
relating to any land or other property held by any person for the purposes of such an institution.
Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult—
the governing body of the institution,
where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and
where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.
The Secretary of State may by order provide for the transfer of a higher education corporation to the further education sector.
Where an order is made under this section in respect of a higher education corporation, sections 20 and 21 of this Act shall have effect as if, on the date the order has effect, the corporation were established as a further education corporation; and the order may make provision as to the initial name of the corporation as a further education corporation.
On such date as may be specified in the order the corporation shall cease to be a higher education corporation and become a further education corporation.
An order under section 28 of this Act in respect of any institution may revoke any order in respect of that institution under section 129 of the Education Reform Act 1988 (designation of institutions).
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This section applies where—
an educational institution at which a school teacher is employed by a local education authority, or by the governing body of a voluntary or grant-maintained school, becomes an institution within the further education sector, and
immediately before the operative date, any of the terms and conditions of his employment have effect by virtue of a pay and conditions order.
As from the operative date the person’s contract of employment shall have effect—
in relation to him and to the governing body of the institution as it had effect immediately before that date in relation to school teachers and to local education authorities or governing bodies of voluntary or grant-maintained schools, and
as if the contract required any remuneration determined in accordance with the scales and other provisions set out or referred to in the relevant pay and conditions order to be paid to him by the governing body of the institution.
Nothing in this section affects any right to vary the terms of any contract of employment.
In this section—
“pay and conditions order” and “school teacher” have the same meaning as in the School Teachers' Pay and Conditions Act 1991, and
“relevant pay and conditions order”, in relation to any person, means the pay and conditions order having effect in relation to him immediately before the operative date or, if that order is no longer in force, the pay and conditions order which would have had effect in relation to him if the institution at which he is employed had not become an institution within the further education sector.
This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
In so far as a contract to which this section applies provides that the employee— the contract shall be void and of no effect.
shall not be dismissed by reason of redundancy, or
if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under Part XI of the Employment Rights Act 1996,
The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about—
the educational provision made or proposed to be made for their students,
the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),
the financial and other resources of the institution and the effectiveness of the use made of such resources, and
the careers of their students after completing any course or leaving the institution.
For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show—
the numbers of students not undertaking any career, and
the persons providing students with education, training or employment.
The information shall be published in such form and manner and at such times as may be prescribed.
The published information shall not name any student to whom it relates.
In this section “prescribed” means prescribed by regulations.
In exercising their functions the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers about consultation with— in connection with the taking of decisions affecting them.
persons who are or are likely to become students of the institution, or
employers,
Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.
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A council shall not make a proposal for— unless the following conditions have been complied with.
the establishment by the Secretary of State of a body corporate under section 16(1) of this Act,
the establishment by the Secretary of State of a body corporate under subsection (3) of that section, or
the dissolution of any further education corporation by the Secretary of State under section 27 of this Act,
The conditions are that—
a draft of the proposal, or of a proposal in substantially the same form, giving such information as may be prescribed has been published by such time and in such manner as may be prescribed,
the council have considered any representations about the draft made to them within the prescribed period, and
copies of the draft and of any such representations have been sent to the Secretary of State.
The Secretary of State shall not make— unless he has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
an order under section 16(1) of this Act, other than an order made for the purpose of giving effect to a proposal by a council, or
an order under section 16(2) of this Act,
In this section “prescribed” means prescribed by regulations.
The Secretary of State may provide destination information to the governing body of an institution in England within the further education sector.
The Commission for Tertiary Education and Research may provide destination information to the governing body of an institution in Wales within the further education sector.
In this section “destination information”, in relation to an institution, means information which—
relates to a former student of the institution, and
includes information as to prescribed activities of the former student after leaving the institution.
Regulations under subsection (3)(b) which prescribe activities as to which the Commission for Tertiary Education and Research may provide information are to be made by the Welsh Ministers.
Subject to subsection (6)(a), information received under this section is not to be published in any form which identifies the individual to whom it relates.
This section—
does not affect any power to provide or publish information which exists apart from this section, and
is subject to any express restriction on the provision of information imposed by another enactment.
This section applies where an institution in Wales within the further education sector provides ... education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
The ... National Assembly for Wales may by notice given to the governing body of such an institution—
require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or
withdraw such a requirement.
The governing body of such an institution shall, for any academic year in respect of which they receive financial support from the ... National Assembly for Wales, secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by the ... National Assembly for Wales under subsection (2) above and has not been withdrawn.
The accounts of— shall be open to the inspection of the Comptroller and Auditor General.
any further education corporation,
any designated institution,
any sixth form college corporation, and
In the case of any such corporation or institution— shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under section 15ZA or 18A of the Education Act 1996, section 14 of the Education Act 2002 or section ... 100 of the Apprenticeships, Skills, Children and Learning Act 2009.
the power conferred by subsection (1) above, and
the powers under sections 6 and 8 of the National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,
This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.
A local authority may by notice given to the governing body of such an institution—
require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;
withdraw such a requirement.
A local authority may specify an individual in a notice under subsection (2) only if the individual—
is in the authority's area, and
is over compulsory school age but under the age of 19.
Before giving a notice under subsection (2) imposing a requirement on a governing body, a local authority must consult—
the governing body, and
such other persons as the authority think appropriate.
The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.
In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a local authority in England must have regard to any guidance given from time to time by the Secretary of State.
This section applies where secondary education is provided to persons of compulsory school age—
by a further education corporation by virtue of section 18(1)(aa) or (ab) of this Act,
by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act, or
by a designated institution in pursuance of arrangements made—
by a local authority, or
by the governing body of a school on behalf of such an authority.
The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any persons of compulsory school age are for the time being receiving secondary education.
The governing body of an institution in England within the further education sector must—
from time to time review how well the education or training provided by the institution meets local needs, and
in light of that review, consider what action the institution might take (alone or in conjunction with action taken by one or more other educational institutions) in order to meet those needs better.
In carrying out its review, the governing body must have regard to any guidance published under this section by the Secretary of State.
The governing body must publish its review on the institution’s website.
Each of the following must give the Secretary of State such information as the Secretary of State may require for purposes connected with further education—
a local authority in England,
the governing body of any institution maintained by a local authority in England,
the governing body of a city technology college in England, a city college for the technology of the arts in England or an Academy,
the governing body of any institution in England within the further education sector or the higher education sector, and
any person or body who—
provides further education, and
is receiving or has received funding to do so from the Secretary of State, a local authority in England , a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
Each of the following must give the Welsh Ministers such information as the Welsh Ministers may require for the purposes of the exercise of any of the Welsh Ministers' functions under any enactment—
a local authority,
the governing body of any institution maintained by a local authority, and
the governing body of any institution within the further education sector or the higher education sector.
Such information relating to the provision which has been made by a local authority in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under regulations under section 492 or 493 of the Education Act 1996 shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.
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the quality of education provided in local education authority institutions,
the educational standards achieved in such institutions, and
whether the financial resources made available to such institutions are managed efficiently.
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give advice to the Secretary of State on such matters relating to local education authority institutions, and on such other matters relating to further education, as may be specified in the Secretary of State’s request, and
inspect and report on any such local education authority institution, or any such class of local education authority institution, as may be so specified.
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In relation to any local authority institution maintained or assisted by them, a local authority—
shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and
may cause an inspection to be made by persons authorised by them.
A local authority shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.
A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section—
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“local authority institution” means an educational institution, other than a school, maintained or assisted by a local authority.
In exercising their functions under this Part of this Act, each council shall comply with any directions contained in an order made by the Secretary of State.
Directions under this section may be general or special, and special directions may, in particular, relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.
This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution in Wales within the further education sector; and it is immaterial whether or not a complaint is made by any person.
remove all or any of the members of the governing body of the institution and appoint new members in their places, and
make such modifications of the instrument of government of the institution as he thinks fit.
These are the conditions—
the Welsh Ministers are satisfied that the institution’s affairs have been or are being mismanaged by its governing body;
they are satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act or any Measure of the National Assembly for Wales;
they are satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act or any Measure of the National Assembly for Wales;
they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
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a council, or
the governing body of any institution within the further education sector,
If this section applies the Welsh Ministers may by order—
declare which of the conditions is (or are) satisfied, and
do one or more of the things listed in subsection (5).
They may—
remove all or any of the members of the institution’s governing body;
appoint new members of that body if there are vacancies (however arising);
give to that body such directions as they think expedient as to the exercise of their powers and performance of their duties.
Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.
The directions that may be given to a governing body under this section include —
a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction., and
a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.
A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.
The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
A governing body must comply with any directions given to them under this section.
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
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This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of— and, in either case, it is immaterial whether or not a complaint is made by any person.
an institution in England within the further education sector, other than a sixth form college, or
an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,
The matters are—
that the institution's affairs have been or are being mismanaged by the institution's governing body;
that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
that the education or training provided by the institution did not, or does not, adequately meet local needs.
For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the institution when the education or training was provided.
An approved local skills improvement plan applies to an institution if the institution provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
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At the same time as doing one or more of those things the Secretary of State must give the institution's governing body a notice stating—
the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
the reasons why the Secretary of State is so satisfied;
the reasons why the Secretary of State has decided to do that thing or those things.
The Secretary of State may—
remove all or any of the members of the institution's governing body;
appoint new members of that body if there are vacancies (however arising);
give to that body such directions as the Secretary of State thinks expedient as to the exercise of their powers and performance of their duties.
The directions that may be given to a governing body under this section include —
a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
a direction requiring a governing body to make a resolution under section 27A(1) , or take such other steps specified in the direction as may be required, for the body to be dissolved on a date specified in the direction.
a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
A governing body to which a direction is given requiring the body to make a resolution under section 27A(1)—
is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction, and
must, unless the Secretary of State directs otherwise, exercise its powers under section 27B to transfer property, rights or liabilities on the dissolution date.
A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
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A governing body must comply with any directions given to them under this section.
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
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Subsection (2) below applies where, in connection with a reorganisation of schools maintained by a local education authority, any land used for the purposes of one or more of the schools affected by the reorganisation or, as the case may be, the school so affected— and in that subsection that land is referred to as “the land to be transferred”.
is to cease to be so used or is to continue to be so used for a limited period, and
while it is so used, or after it has ceased to be so used, is to be used for the purposes of an institution conducted by a further education corporation;
If the land to be transferred is land of the local authority, the land and any other property of the local authority used for the purposes of the school on that land shall be treated for the purposes of section 23 of this Act as used for the purposes of the educational institution conducted by the corporation.
For the purposes of this section there is a reorganisation of schools maintained by a local education authority if, in the case of each of the schools affected by the reorganisation or (if there is only one) the school so affected— whether or not the reorganisation also involves the establishment of one or more new schools.
the local education authority cease to maintain the school, or
a significant change is made in the character of the school or the premises of the school are significantly enlarged,
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This subsection applies where—
the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school, and
the intention arises in connection with a proposal by a council, or by the Secretary of State, for the establishment under section 16 of this Act of a further education corporation to conduct an educational institution in the same area.
Where subsection (1) above applies—
section 14 of the Education Act 1944 (restrictions on discontinuance) shall not apply,
section 13 of the Education Act 1980 (establishment and alteration of voluntary schools) and, so far as relating to that section, section 16(1) to (3B) of that Act, shall apply as they would apply if the intention were to make a significant change in the character of the school, and
if the school is discontinued the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.
Where— and ceasing to maintain or discontinuing the school, or the change, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, they shall, before they publish notice of their proposals in pursuance of section 12 or 13 of the Education Act 1980 or serve notice under section 14 of the Education Act 1944, consult the appropriate council.
a local education authority intend to cease to maintain any county school or (except as provided by section 14 of the Education Act 1944) voluntary school or to make any significant change in the character of a county school, or
the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school or to make any significant change in the character of the school,
In subsection (3) above, references to any significant change in the character of a school include a significant enlargement of its premises.
Where— they shall, before they give written notice of the proposed change to the Secretary of State in pursuance of regulations under section 12 of the Education Act 1981 (approval of special schools) or serve notice of their proposals under section 14 of that Act (discontinuance of maintained special school), consult the appropriate council.
a local education authority propose to make any change in any arrangements for any special school as to the pupils for whom provision is made or the special educational provision made for them or propose to cease to maintain any special school, and
the change, or ceasing to maintain the school, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,
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In this Part of this Act—
“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
“ (d) any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and “ (da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.
The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.
References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—
rights or liabilities under a contract of employment, or
liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.
In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—
to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the Education Act 1944, and
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This section applies in relation to a sixth form college if the Secretary of State is satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.
The matters are—
that the sixth form college's affairs have been or are being mismanaged by its governing body;
that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.
that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.
For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the sixth form college when the education or training was provided.
An approved local skills improvement plan applies to a sixth form college if the college provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).
Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—
the trustees of the sixth form college, and
each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.
After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—
what the Secretary of State has decided to do;
the reasons for the decision.
If the Secretary of State does one or more of the things listed in subsection (6), the Secretary of State must at the same time give the sixth form college's governing body a notice stating—
the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
the reasons why the Secretary of State has decided to do that thing or those things.
The Secretary of State may—
remove all or any of the members of the sixth form college's governing body;
appoint new members of that body if there are vacancies (however arising);
give to that body such directions as the Secretary of State thinks expedient as to the exercise of the body's powers and performance of the body's duties.
The directions that may be given to a governing body under this section include —
a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.
a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
A governing body to which a direction such as is mentioned in subsection (7)(b) is given—
is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and
must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.
A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
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A governing body must comply with any directions given to them under this section.
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
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a body corporate to be known as the Higher Education Funding Council for England to exercise in relation to England the functions conferred on them, and
a body corporate to be known as the Higher Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.
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shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and
shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
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in relation to matters falling within the responsibility of the Higher Education Funding Council for England or to educational institutions in England, is to that council, and
in relation to matters falling within the responsibility of the Higher Education Funding Council for Wales or to educational institutions in Wales, is to that council.
In this Part of this Act references to ... institutions in Wales—
are to institutions whose activities are carried on, or principally carried on, in ... Wales, but
include ... the Open University.
Any dispute as to whether any functions are exercisable by the HEFCW or the Office for Students shall be determined by the Secretary of State.
In exercising their functions, the HEFCW shall have regard to the requirements of disabled persons.
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In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the Equality Act 2010.
On the appointed day— but this subsection does not apply to rights or liabilities under a contract of employment.
the Universities Funding Council and the Polytechnics and Colleges Funding Council (referred to in this section as the “existing councils”) shall be dissolved, and
all property, rights and liabilities to which either of the existing councils were entitled or subject immediately before that date shall become by virtue of this section property, rights and liabilities of the Higher Education Funding Council for England,
Where— the contract of employment shall not be terminated by that dissolution but shall have effect as from the appointed day as if originally made between the employee and the new employer.
immediately before the appointed day, a person (referred to below as “the employee”) is employed by an existing council (referred to below as “the existing employer”) under a contract of employment which would have continued but for the dissolution of the existing employer, and
the employee is designated for the purposes of this section by an order made by the Secretary of State,
In this section “the new employer”, in relation to the employee, means such higher education funding council as may be specified in relation to the employee by the order designating him for the purposes of this section; and in this subsection “higher education funding council” includes the Scottish Higher Education Funding Council.
Without prejudice to subsection (2) above, where that subsection applies—
all the existing employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred on the appointed day to the new employer, and
anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall as from that date be treated as having been done by or in relation to the new employer.
Subsections (2) and (4) above are without prejudice to any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
An order under this section may designate a person either individually or as a member of a class or description of employees.
In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of this section.
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Until the commencement of section 65 of this Act, any institution which is a university and was at any time within the PCFC funding sector shall be treated for the purposes of Chapter II of Part II of the Education Reform Act 1988 (reorganisation and provision of funding of higher education) as if it were within that sector and were not a university.
Until their dissolution the Universities Funding Council shall give to the higher education funding councils and the Scottish Higher Education Funding Council all such assistance as those councils may reasonably require for the purpose of enabling them to exercise their functions on and after the commencement of section 65 of this Act or, as the case may be, the corresponding provisions of the Further and Higher Education (Scotland) Act 1992.
Until their dissolution the Polytechnics and Colleges Funding Council shall give to the higher education funding councils all such assistance as those councils may reasonably require for the purpose of enabling them to exercise their functions on and after the commencement of section 65 of this Act.
The Higher Education Funding Council for England shall discharge any duty under paragraph 17 of Schedule 8 to the Education Reform Act 1988 (accounts) in respect of any period ending before the dissolution of the Universities Funding Council and the Polytechnics and Colleges Funding Council under section 63 of this Act which would have fallen to be discharged by those councils after the dissolution or fell to be so discharged before the dissolution but has not been discharged.
The HEFCW shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to the HEFCW by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.
The activities eligible for funding under this section are—
the provision of education and the undertaking of research by higher education institutions in the HEFCW's area,
the provision of any facilities, and the carrying on of any other activities, by higher education institutions in their area which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research,
the provision— of prescribed courses of higher education, and
by institutions in their area maintained or assisted by local authorities, or
by such institutions in their area as are within the further education sector,
the provision by any person of services for the purposes of, or in connection with, the provision of education or the undertaking of research by institutions within the higher education sector.
The HEFCW may— subject in each case to such terms and conditions as the HEFCW think fit.
make grants, loans or other payments to the governing body of any higher education institution in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above, and
make grants, loans or other payments to any persons in respect of expenditure incurred or to be incurred by them for the purposes of the provision as mentioned in subsection (2)(c) above of prescribed courses of higher education or the provision of services as mentioned in subsection (2)(d) above,
The terms and conditions on which the HEFCW may make any grants, loans or other payments under this section may in particular— but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from the HEFCW.
enable the HEFCW to require the repayment, in whole or in part, of sums paid by the HEFCW if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the HEFCW in accordance with any of the terms and conditions remains unpaid,
In the application of subsection (3) above to any grants, loans or other payments by the HEFCW, the reference to expenditure incurred or to be incurred by the governing body of a higher education institution as mentioned in paragraph (a) of that subsection includes a reference to expenditure incurred or to be incurred by any connected institution to which the governing body propose, with the consent of the HEFCW, to pay the whole or part of any such grants, loans or other payments.
In this section and section 66 of this Act “higher education institution” means a university, an institution conducted by a higher education corporation or a designated institution.
In subsection (3A) “connected institution”, in relation to a higher education institution, means any college, school, hall or other institution which the HEFCW are satisfied has a sufficient connection with that institution for the purposes of that subsection.
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Before exercising their discretion under section 65(3)(a) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, the HEFCW shall consult such of the following bodies as appear to the HEFCW to be appropriate to consult in the circumstances—
such bodies representing the interests of higher education institutions as appear to the HEFCW to be concerned, and
the governing body of any particular higher education institution which appears to the HEFCW to be concerned.
In exercising their functions in relation to the provision of financial support for activities eligible for funding under section 65 of this Act the HEFCW shall have regard to the desirability of not discouraging any institution for whose activities financial support is provided under that section from maintaining or developing its funding from other sources.
In exercising those functions the HEFCW shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining—
what appears to them to be an appropriate balance in the support given by them as between institutions which are of a denominational character and other institutions, and
any distinctive characteristics of any institution within the higher education sector for whose activities financial support is provided under that section.
For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to the HEFCW that either—
at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,
any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
any of the property held for the purposes of the institution is held on trust for or in connection with— in accordance with the tenets of a religion or religious denomination.
the provision of education, or
the conduct of an educational institution,
In section 133 of the Education Reform Act 1988 (payments by PCFC in respect of persons employed in the provision of higher or further education) for subsection (1) there is substituted—
In subsection (2)(a) of that section (meaning of relevant expenditure) after “education authority” there is inserted “ the London Residuary Body or the London Pensions Fund Authority ”.
At the end of subsection (3) of that section (meaning of references to higher and further education) there is added “ and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date ”.
In subsection (4) of that section (duty to give information) after paragraph (a) there is inserted—.
That section as originally enacted shall have effect, or be treated as having had effect, as if—
in subsection (1), in relation to anything done before regulations for the purposes of that subsection were in force, the words “of any class or description prescribed for the purposes of this section” were omitted, and
in subsections (1) and (2) the references to a local authority included the London Residuary Body and the London Pensions Fund Authority.
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The Secretary of State may make grants to each of the councils of such amounts and subject to such terms and conditions as he may determine.
The terms and conditions subject to which grants are made by the Secretary of State to either of the councils—
may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by the council in respect of activities carried on by the institution, but
shall not otherwise relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.
Such terms and conditions may not be framed by reference to particular courses of study or programmes of research (including the contents of such courses or programmes and the manner in which they are taught, supervised or assessed) or to the criteria for the selection and appointment of academic staff and for the admission of students.
Such terms and conditions may in particular—
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.
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shall provide the Secretary of State with such information or advice relating to the provision for their area of higher education as he may from time to time require, and
may provide the Secretary of State with such information or advice relating to such provision as they think fit,
The HEFCW shall keep under review activities eligible for funding under section 65 of this Act.
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any land or other property is or was used or held for the purposes of an institution, and
the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event,
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the exercise by the Secretary of State of functions of his under any enactment, or
the doing by the Secretary of State of anything he has power to do apart from any enactment,
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institutions within the higher education sector, or
institutions within the further education sector, or maintained or assisted by local education authorities, at which prescribed courses of higher education are currently provided.
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Each council shall—
secure that provision is made for assessing the quality of education provided in institutions for whose activities they provide, or are considering providing, financial support under this Part of this Act, and
establish a committee, to be known as the “Quality Assessment Committee”, with the function of giving them advice on the discharge of their duty under paragraph (a) above and such other functions as may be conferred on the committee by the council.
The majority of the members of the committee—
shall be persons falling within subsection (3) below, and
shall not be members of the council.
Persons fall within this subsection if they appear to the council to have experience of, and to have shown capacity in, the provision of higher education in institutions within the higher education sector and, in appointing such persons, the council shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision.
Schedule 1 to this Act shall apply to a committee established under this section as it applies to committees established under paragraph 8 of that Schedule.
After section 124 of the Education Reform Act 1988 there is inserted—
In section 125 of that Act (articles of government) for “the Secretary of State” (in each place where it appears) there is substituted “ the Privy Council ”; but nothing in this subsection requires further approval to be given for anything approved by the Secretary of State under that section before the commencement of this subsection.
In Schedule 7 to that Act (constitution of higher education corporations)—
at the end of paragraph 7 (appointments) there is added—, and
in paragraph 18 (accounts) after sub-paragraph (2) there is inserted—
After that Schedule there is inserted the Schedule set out in Schedule 6 to this Act.
In section 129 of the Education Reform Act 1988 (designation of institutions)—
for subsections (1) and (2) there is substituted—, and
subsections (3) and (4) of that section are omitted.
An order in force immediately before the commencement of subsection (1) above designating an institution as falling within subsection (3) of that section shall have effect as if made under that section as amended by subsection (1) above.
In this Part of this Act “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of that Act has effect.
After section 129 of the Education Reform Act 1988 there is inserted—
Section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated institutions.
After section 122 of the Education Reform Act 1988 (orders incorporating higher education institutions maintained by local authorities) there is inserted—
An order under section 129 of the Education Reform Act 1988 (designation of institutions for the purposes of the higher education sector) in respect of any institution may revoke any order in respect of that institution under section 28 of this Act.
In section 157 of the Education Reform Act 1988 (variation of trust deeds, etc.) for subsections (1) to (3) (variations by Secretary of State in connection with institutions in the higher education sector or designated assisted institutions) there is substituted—
The Privy Council may by order
specify any institution which provides higher education as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) and (b) below;
specify any institution ... within the further education sector as competent to grant in pursuance of this section an award of the kind mentioned in subsection (2A) below.
The kinds of award referred to in subsection (1)(a) above are— and in this section “award” means any degree, diploma, certificate or other academic award or distinction and “assessment” includes examination and test.
awards granted to persons who complete an appropriate course of study and satisfy an appropriate assessment, and
awards granted to persons who complete an appropriate programme of supervised research and satisfy an appropriate assessment,
An institution for the time being specified in such an order may grant any award of a kind mentioned in subsection (2)(a) or (b) or (2A) above which it is competent to grant by virtue of the order to persons who complete the appropriate course of study or, as the case may be, programme of supervised research on or after the date specified in the order.
The kind of award referred to in subsection (1)(b) above is a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment.
An institution specified in such an order as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above may also—
grant honorary degrees, and
grant degrees to members of the academic and other staff of the institution.
Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—
the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and
the Privy Council considers that the proposals are satisfactory and are likely to be carried out.
Subject to subsection (5A) below, any power conferred on an institution to grant awards in pursuance of this section includes power—
to authorise other institutions to do so on behalf of the institution,
to do so jointly with another institution, and
to deprive any person of any award granted to him by or on behalf of the institution in pursuance of this section (or, in the case of an award granted to him by the institution and another institution jointly, to do so jointly with the other institution).
Subject to subsection (6A) below, it shall be for the institution to determine in accordance with any relevant provisions of the instruments relating to or regulating the institution the courses of study or programmes of research, and the assessments, which are appropriate for the grant of any award and the terms and conditions on which any of the powers conferred under this section may be exercised.
Section 124D of the Education Reform Act 1988 applies in relation to orders under subsection (1) above as it applies in relation to the exercise of powers for the purposes of Part II of that Act.
An institution specified in such an order as competent to grant in pursuance of this section the kind of award mentioned in subsection (2A) above may also—
grant honorary foundation degrees, and
grant foundation degrees to members of the academic and other staff of the institution.
An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution's power to grant such awards does not include the power described in subsection (5)(a) above.
An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution is not to grant such an award to a person unless he was enrolled at the institution at the time he completed the course of study for which the award is granted.
Where— then, if the power is exercisable with the consent of the Privy Council, it may ... be exercised with the consent of the Privy Council so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body.
power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, and
the educational institution is in Wales and is within the higher education sector,
Where— then, the power may be exercised so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body, but only if the Office for Students (instead of the Privy Council) consents to that exercise of the power.
power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution,
the educational institution is a registered higher education provider, and
the power is exercisable with the consent of the Privy Council,
The reference in subsection (A1) or (1) above to a power to change the name of an institution or body includes any power (however expressed and whether or not subject to any conditions or restrictions) in the exercise of which the name of the institution or body may be changed; but the power as extended by subsections (A1) and (1) has effect subject to any such conditions or restrictions.
In exercising any power exercisable by virtue of this section to consent to a change in any name the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.
Subsections (A1) and (1) apply whether or not the educational institution would, apart from this section, be a university.
Any educational institution whose name includes the word “university” by virtue of the exercise of any power as extended by subsection (A1) or (1) above is to be treated as a university for all purposes , unless in that name that word is immediately followed by the word “college” or “collegiate”.
In exercising its power to give consent under subsection (A1), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.
Before giving guidance under subsection (3A), the Secretary of State must consult—
bodies representing the interests of English higher education providers,
bodies representing the interests of students on higher education courses provided by English higher education providers, and
such other persons as the Secretary of State considers appropriate.
In this section, “English higher education provider”, “higher education course” and “registered higher education provider” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see sections 83 and 85 of that Act).
For the purposes of subsection (1), an educational institution is in Wales if the institution's activities are carried on, or principally carried on, in Wales.
If the Secretary of State directs that any financial year specified in the direction of the higher education corporations in Wales, and subsequent financial years, are to begin with a date specified in the direction, then—
the financial year of the corporations immediately preceding the year specified in the direction shall end immediately before the date specified in the direction, and
the financial year specified in the direction and subsequent financial years shall be each successive period of twelve months.
Section 124B(7) of, and paragraph 18 of Schedule 7 to, the Education Reform Act 1988 (financial years) shall have effect subject to this section.
In this section “higher education corporation in Wales” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales.
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a local education authority,
the governing body of any institution within the higher education sector, and
the governing body of any institution at which prescribed courses of higher education are currently or have at any time been provided.
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The Secretary of State may by order provide—
for the dissolution of the Council for National Academic Awards, and
for all property, rights and liabilities to which the Council is entitled or subject immediately before the order comes into force to become property, rights and liabilities of such person as may be specified in the order.
If the order so provides the person so specified shall discharge any duty relating to accounts and records under the statutes of the Council for National Academic Awards in respect of any period ending before the dissolution of the council which would have fallen to be discharged by the council after the dissolution or fell to be so discharged before the dissolution but has not been discharged.
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In exercising their functions under this Part of this Act, each council shall comply with any directions under this section, and such directions shall be contained in an order made by the Secretary of State.
The Secretary of State may give general directions to a council about the exercise of their functions.
If it appears to the Secretary of State that the financial affairs of any institution within the higher education sector have been or are being mismanaged he may, after consulting the council and the institution, give such directions to the council about the provision of financial support in respect of the activities carried on by the institution as he considers are necessary or expedient by reason of the mismanagement.
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will be more efficient, or
will enable them more effectively to discharge any of their functions.
A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State for the assessment by a person appointed by them of matters relating to the arrangements made by each institution in Wales and Scotland which is within the higher education sector for maintaining academic standards in the institution.
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In this section—
“relevant authority” means the Commission for Tertiary Education and Research or the Scottish Further and Higher Education Funding Council, and
references to institutions within the higher education sector include institutions within the higher education sector within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.
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The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish Further and Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.
A person listed in an entry in column 1 of the table in subsection (1B) may arrange for efficiency studies to be promoted or carried out by any person in respect of an institution listed in the corresponding entry in column 2 of that table.
A person promoting or carrying out efficiency studies at the request of a person listed in an entry in column 1 of the table in subsection (1B) may require the governing body of the institution concerned— as the person may reasonably require for that purpose.
to furnish the person, or any person authorised by him, with such information, and
to make available to him, or any person so authorised, for inspection their accounts and such other documents,
“Efficiency studies” are studies designed to improve economy, efficiency and effectiveness in the management or operations of an institution.
The table referred to in subsection (1) is— Person Institution . . . . . . The Secretary of State An institution in England within the further education sector, other than a sixth form college The Secretary of State A sixth form college . . . . . .
This section applies where—
(apart from this section) any land or other property of a local authority would on any date (“the date of transfer”) be transferred under ...Part II of the Education Reform Act 1988 to the governing body of an institution within the further education sector or the higher education sector, and
at any time before that date the authority, the governing body of the institution and the governing body of any other institution which will on that date be an institution within the further education sector or the higher education sector have agreed in writing that the land or property should be transferred on that or a subsequent date to the governing body of that other institution.
If the Secretary of State has approved the agreement at any time before the date of transfer, ... Part II of the Education Reform Act 1988 shall have effect as if they required the property to be transferred in accordance with the agreement.
References in this section to anything done include anything done before the passing of this Act.
In this section “local authority” includes a non-metropolitan district council for an area for which there is a county council.
Chapter III of Part II of the Education Reform Act 1988 (finance and government of locally funded further and higher education) shall cease to have effect; and section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated assisted institutions.
A local authority shall have the following powers in relation to any institution, not within the further education sector or the higher education sector, which is maintained by them in the exercise of their further or higher education functions.
The authority may—
make such provision as they think fit in respect of the government of the institution (including replacing any instrument of government or articles of government of the institution made under that Chapter or that section), and
delegate to the governing body of the institution such functions relating to the management of the finances of the institution, and such other functions relating to the management of the institution (including the appointment and dismissal of staff), as the authority may determine.
Where personal data are transferred under any provision of this Act to a body corporate established under this Act, section 5(1) of the Data Protection Act 1984 (prohibition of unregistered holding, etc, of personal data) shall not apply in relation to the holding by that body corporate of the data so transferred or any data of the same description as the data so transferred until the end of the period of six months beginning—
in the case of a body established to conduct an educational institution, the date on which the body begins to conduct the institution, and
in any other case, when the body is established.
Expressions used in subsection (1) above and in that Act have the same meaning in that subsection as in that Act.
Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
This section applies to premises, including playing fields and other premises for outdoor recreation, of—
any institution (other than a school) which is maintained by a local authority and provides further education or higher education (or both), ...
any institution within the further education sector, and
any 16 to 19 Academy.
If— has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
a police constable, or
a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,
In subsection (3) “the appropriate authority” means—
in relation to premises of an institution such as is mentioned in subsection (2)(a), a local authority, ...
in relation to premises of an institution within the further education sector, the governing body, and
in relation to premises of a 16 to 19 Academy, the proprietor.
No proceedings under this section shall be brought by any person other than—
a police constable, or
an authorised person.
In subsection (5) “authorised person” means—
in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a local authority, ...
in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings, and
in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.
Schedule 7 to this Act has effect to supplement the provisions of this Act relating to the transfer of property, rights and liabilities.
This section applies where a member of staff of an institution within the further education sector in England , or a 16 to 19 Academy, —
has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
falls within section 85AB(1).
The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
For the purposes of this section and section 85AC each of the following is a “prohibited item”—
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
alcohol, within the meaning of section 191 of the Licensing Act 2003;
a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;
a stolen article;
an article that the member of staff reasonably suspects has been, or is likely to be, used—
to commit an offence, or
to cause personal injury to, or damage to the property of, any person (including S);
an article of a kind specified in regulations.
In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
In this section and section 85AB—
“member of staff”, in relation to an institution within the further education sector or a 16 to 19 Academy , means any person who works at that institution whether or not as its employee;
The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
Subject to subsection (2) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: ... 27B, 27C, ... 33P, 34, 40(5) and (7), 63 and 80.
No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
A person may carry out a search under section 85AA only if that person—
is the principal of the institution; or
has been authorised by the principal to carry out the search.
An authorisation for the purposes of subsection (1)(b) may be given in relation to—
searches under section 85AA generally;
a particular search under that section;
a particular description of searches under that section.
Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England , or a principal of a 16 to 19 Academy, to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
A search under section 85AA may be carried out only where—
the member of staff and S are on the premises of the institution; or
they are elsewhere and the member of staff has lawful control or charge of S.
A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
A person carrying out a search of S under section 85AA—
may not require S to remove any clothing other than outer clothing;
must be of the same sex as S , unless the condition in subsection (6A) is satisfied ;
may carry out the search only in the presence of another member of staff , unless the condition in subsection (6A) is satisfied ; and
must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
The condition is satisfied if—
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).
S's possessions may not be searched under section 85AA except in the presence of—
S; and
another member of staff , unless the condition in subsection (7A) is satisfied .
The condition is satisfied if—
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.
In this section—
Any power ...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.
For the purposes of subsection (1) above the excepted provisions are sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and sections ... 29A(3)(c), ... 30(2)(b), 33A(5)(b), 33J(2), 33K(1), 38, 44(2)(c), 46 and 57; but section 14 of the Interpretation Act 1978 (implied power to amend) applies to orders made under those sections ... as it applies to orders made by statutory instrument.
A statutory instrument containing any order or regulations under this Act, other than one falling within subsection (3A) or (3B) or an order under section 94, shall be subject to annulment in pursuance of —
in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;
in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.
Orders or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person or body making the order or regulations thinks fit.
A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a local authority under that Act.
An order falls within this subsection if—
it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or
it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).
An order made by the Secretary of State under section 28 or 29(1)(b) is to be published in such manner as the Secretary of State considers appropriate.
This section applies in relation to an order made by the Secretary of State under section 28 or 29(1)(b) that revokes or varies an order under those provisions made before the coming into force of section 32(3) of the Skills and Post-16 Education Act 2022 as if—
in subsection (2), the words “sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and” were omitted, and
subsection (3C) were omitted.
A person carrying out a search under section 85AA may seize any of the following found in the course of the search— but may not seize alcohol from S under this section where S is aged 18 or over.
anything which that person has reasonable grounds for suspecting is a prohibited item;
any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,
A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
A person who seizes a controlled drug under subsection (1)—
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
may dispose of it if the person thinks that there is a good reason to do so.
A person who seizes a stolen article under subsection (1)—
must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
deliver the item to a police constable as soon as reasonably practicable,
return the item to its owner,
retain the item, or
dispose of the item.
Subsections (6C) and (6D) apply to an item that—
has been seized under subsection (1),
is a prohibited item by virtue of section 85AA(3)(ea), and
is an electronic device.
The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.
Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.
In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.
Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
A person who, under subsection (1), seizes— must deliver it to a police constable as soon as reasonably practicable.
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
an offensive weapon; or
anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
In this Act—
in the case of the governing body of a designated institution, the institution;
“ (ba) any institution designated by order under section 28 of the Further and Higher Education Act 1992 ”, and “ (c) any institution designated by order made or having effect as if made under section 129 of the Education Reform Act 1988. ”
...
“functions” includes powers and duties,
In section 49(3) of that Act (appraisal of performance of teachers)—
In section 98(2) of the Environmental Protection Act 1990 (definitions)—
In section 135 (inspection of accounts)—
...
“sixth form college corporation” means a body corporate—
The Secretary of State may by order provide for any reference in the Education Acts to the governing body of an institution, in relation to an institution which is— to be read as a reference to the governing body provided for in the instrument of government, or to the company or to both.
a designated institution for the purposes of Part I or Part II of this Act, and
conducted by a company,
In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university (except where the context otherwise requires); but where a college or institution would not, apart from this subsection, fall to be treated separately it shall not be so treated for the purpose of determining whether any institution is in England or in Wales.
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References in this Act to institutions within the PCFC funding sector are to be construed in accordance with section 132(6) of the Education Reform Act 1988.
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Subject to the provisions of this Act, expressions used in this Act and in the Education Act 1996 have the same meaning in this Act as in that Act and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned..
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In this Act references to a voluntary aided school are—
in relation to any time before the appointed day within the meaning of the School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.
The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) , (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
Subsection (3) applies where a person—
seizes, retains or disposes of an item within subsection (2A) under section 85AC; and
proves that the seizure, retention or disposal was lawful.
The items referred to in subsection (2)(a) are—
alcohol or its container;
a controlled drug;
a stolen article;
an article that is a prohibited item by virtue of section 85AA(3)(ea).
Subsection (3) also applies where a person—
erases data or a file from an electronic device under section 85AC(6D); and
proves that the erasure was lawful.
That person is not liable in any proceedings in respect of—
the seizure, retention , disposal or erasure ; or
any damage or loss which arises in consequence of it.
Subsections (2) , (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
Regulations under section 85AC(7) may make provision corresponding to any provision of this section.
This section applies for the interpretation of the Education Acts.
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References to institutions within the further education sector are to— and references to institutions outside the further education sector are to be read accordingly.
institutions conducted by further education corporations, and
designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), and
sixth form colleges,
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References to sixth form colleges are to institutions conducted by sixth form college corporations.
References to institutions within the higher education sector are to— and references to institutions outside the higher education sector are to be read accordingly.
tertiary education providers registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022, other than providers that are also institutions within the further education sector or schools,
registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017,
institutions in Wales , other than ones falling within paragraph (a), conducted by higher education corporations, and
designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act) , other than institutions falling within paragraph (a),
References, in relation to a further education corporation or higher education corporation, to the institution—
in relation to any time before the operative date for the purposes of Part I of this Act (defined in section 17 of this Act) or, as the case may be, the transfer date for the purposes of the Education Reform Act 1988 (defined in section 123 of that Act), are to the institution the corporation is established to conduct, and
in relation to any later time or to any corporation which is a further education corporation by virtue of section 47 of this Act or a higher education corporation by virtue of section 122ZA or 122A of that Act, are to any institution for the time being conducted by the corporation in the exercise of their powers under this or that Act.
For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).
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A member of staff of an institution within the further education sector in Wales who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions— may search that student or his possessions for such articles and weapons.
an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or
an offensive weapon (within the meaning of the Prevention of Crime Act 1953),
A search under this section may be carried out only where—
the member of staff and the student are on the premises of the institution; or
they are elsewhere and the member of staff has lawful control or charge of the student.
A person may carry out a search under this section only if—
he is the principal of the institution; or
he has been authorised by the principal to carry out the search.
A person who carries out a search of a student under this section—
may not require the student to remove any clothing other than outer clothing;
must be of the same sex as the student; and
may carry out the search only in the presence of another member of staff who is also of the same sex as the student.
A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.
If, in the course of a search under this section, the person carrying out the search finds— he may seize and retain it.
anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
In this section— ‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee; ‘outer clothing’ means— any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf; ‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.
The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions. Expression Relevant provision appropriate further education funding council section 1(6) contract of employment, etc. section 90(1) council (in Part I), or learning and skills council sections 61A(1) and 90(2A) . . . . . . designated institution (in Part I) section 28(4) designated institution (in Part II) section 72(3) the Education Acts section 90(1) functions section 61(1) further education section 90(1) further education corporation section 17(1) further education corporation in England section 90(1) further education corporation in Wales section 90(1) governing body section 90(1) and (2) . . . . . . higher education section 90(1) higher education corporation section 90(1) institution in Wales (in relation to the HEFCW) section 62(7) institutions within or outside the further education sector section 91(3) institutions within or outside the higher education sector sections 61(3)(a) and 91(5) institutions within the PCFC funding sector section 90(4) interest in land section 90(1) land section 90(1) liability section 90(1) local authority section 90(1) modification section 61(1) operative date sections 17 and 33(4) . . . . . . regulations section 61(1) relevant sixth form college section 90(1) . . . . . . sixth form college section 91(3A) sixth form college corporation section 90(1) . . . . . . . . . . . . transfer of rights or liabilities section 61(2) university section 90(3) . . . . . .
A member of the staff of an institution which is within the further education sector or is a 16 to 19 Academy may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—
committing any offence,
causing personal injury to, or damage to the property of, any person (including the student himself), or
prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.
The power conferred by subsection (1) may be exercised only where—
the member of the staff and the student are on the premises of the institution, or
they are elsewhere and the member of the staff has lawful control or charge of the student.
Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.
The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
In this section, “member of the staff”, in relation to an institution within the further education sector or a 16 to 19 Academy, means any person who works at that institution whether or not as its employee.
Schedule 8 (which makes minor and consequential amendments) shall have effect.
The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column.
This Act may be cited as the Further and Higher Education Act 1992.
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This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.
Subject to the following provisions of this section, this Act extends to England and Wales only.
Sections 63, 64 and 82 of this Act extend also to Scotland.
Section 80 extends also to Scotland and Northern Ireland.
The amendment by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
A land transaction effected under or by virtue of section ... 27B, 27C, ... 33P or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.
Relief under this section must be claimed in a land transaction return or an amendment of such a return.
In this section—
Sections 1, 9, 62 and 70.
Subject to sub-paragraph (2) below, the council may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular— The council shall not borrow money.
One of the members of the council shall be the chief officer. The first chief officer shall be appointed as such by the Secretary of State and shall hold and vacate office in accordance with the terms of his appointment. Each subsequent chief officer shall be appointed by the council with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the council may with the approval of the Secretary of State determine. On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the council and the terms and conditions of his appointment, the Secretary of State shall—
A person shall hold and vacate office as a member or as chairman or chief officer of the council in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the council.
If the Secretary of State is satisfied that a member of the council— the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.
has been absent from meetings of the council for a period longer than six consecutive months without the permission of the council, or
is unable or unfit to discharge the functions of a member,
The council— If a person ceases to be a member of the council and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the council to make to that person a payment of such amount as the Secretary of State may determine. The council shall pay to the members of any of their committees who are not members of the council such travelling, subsistence and other allowances as the Secretary of State may determine. A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Any member of the Further Education Funding Council for England in receipt of remuneration. Any member of the Further Education Funding Council for Wales in receipt of remuneration. Any member of the Higher Education Funding Council for England in receipt of remuneration. Any member of the Higher Education Funding Council for Wales in receipt of remuneration.
The council may appoint such employees as they think fit. The council shall pay to their employees such remuneration and allowances as the council may determine. The employees shall be appointed on such other terms and conditions as the council may determine. A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury. Further Education Funding Council for England. Further Education Funding Council for Wales. Higher Education Funding Council for England. Higher Education Funding Council for Wales. The council shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act. Where an employee of the council is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the council, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 5 above).
The council may establish a committee for any purpose. The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the council. Such a committee may include persons who are not members of the council. The council shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
There shall be established for each region of England determined by the Secretary of State a committee of the Further Education Funding Council for England to advise the council on such matters relating to the facilities for the population of the region— as the council may from time to time require. The number of the members of a committee established under this paragraph shall be determined by the Secretary of State and he shall appoint the members of the committee. Paragraphs 3 and 4 above apply to members of a committee established under this paragraph as they apply to members of a council.
The council may authorise the chairman, the chief officer or any committee established under paragraph 8 above to exercise such of their functions as they may determine.
Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the council under this Act—
a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the council or of any committee of the council, and
the council shall provide the Secretary of State with such copies of any documents distributed to members of the council or of any such committee as he may require.
The validity of any proceedings of the council or of any committee of the council shall not be affected by a vacancy among the members or by any defect in the appointment of a member.
Subject to the preceding provisions of this Schedule, the council may regulate their own procedure and that of any of their committees.
The application of the seal of the council shall be authenticated by the signature—
of the chairman or of some other person authorised either generally or specially by the council to act for that purpose, and
of one other member.
Every document purporting to be an instrument made or issued by or on behalf of the council and to be duly executed under the seal of the council, or to be signed or executed by a person authorised by the council to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
It shall be the duty of the council— The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to— and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament. The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament. In this paragraph “financial year” means the period beginning with the date on which the council is established and ending with the second 31st March following that date, and each successive period of twelve months.
The council shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the council shall not be regarded as property of, or property held on behalf of, the Crown.
Sections 3 and 6. The descriptions of courses of further education referred to in section 3(1) of this Act are the following— a course which prepares students to obtain a vocational qualification which is, or falls within a class, for the time being approved for the purposes of this sub-paragraph by the Secretary of State, a course which prepares students to qualify for— the General Certificate of Secondary Education, or the General Certificate of Education at Advanced Level or Advanced Supplementary Level (including Special Papers), a course for the time being approved for the purposes of this sub-paragraph by the Secretary of State which prepares students for entry to a course of higher education, a course which prepares students for entry to another course falling within paragraphs (a) to (c) above, a course for basic literacy in English, a course to improve the knowledge of English of those for whom English is not the language spoken at home, a course to teach the basic principles of mathematics, in relation to Wales, a course for proficiency or literacy in Welsh, a course to teach independent living and communication skills to persons having learning difficulties which prepares them for entry to another course falling within paragraphs (d) to (h) above.
a course which prepares students to obtain a vocational qualification which is, or falls within a class, for the time being approved for the purposes of this sub-paragraph by the Secretary of State,
a course which prepares students to qualify for—
the General Certificate of Secondary Education, or
the General Certificate of Education at Advanced Level or Advanced Supplementary Level (including Special Papers),
a course for the time being approved for the purposes of this sub-paragraph by the Secretary of State which prepares students for entry to a course of higher education,
a course which prepares students for entry to another course falling within paragraphs (a) to (c) above,
a course for basic literacy in English,
a course to improve the knowledge of English of those for whom English is not the language spoken at home,
a course to teach the basic principles of mathematics,
in relation to Wales, a course for proficiency or literacy in Welsh,
a course to teach independent living and communication skills to persons having learning difficulties which prepares them for entry to another course falling within paragraphs (d) to (h) above.
Sections 15 and 16.
The enrolment number for any institution at any time is the aggregate of— The total enrolment number for any institution at any time is the aggregate of— The number for any mode of attendance at a course is that arrived at by multiplying by the appropriate multiplier the number of students enrolled at the institution at the time in question to follow the course by that mode of attendance. In sub-paragraph (3) above “the appropriate multiplier” means, in relation to a mode of attendance, the figure given in relation to that mode of attendance in column 2 of the table.
The following table applies for the purpose of determining the numbers mentioned in paragraph 1(1)(b) and (2)(b) above— (1)Mode of attendance (2)Multiplier 1. Sandwich course 0.7 2. Block release 1.0 3. Day release 0.3 4. Part-time (other than day release but including some day-time study) 0.2 5. Part-time (evening only study) 0.1 6. Open or distance learning 0.075
For the purposes of paragraph 1(1)(a) and (2)(a) above a student is a full-time student in relation to a course of any description if all his studies for the purposes of that course are full-time studies. For the purposes of paragraph 2 above—
The Secretary of State may by order amend paragraphs 1 to 3 above except so far as they apply for calculating an institution’s enrolment number, or total enrolment number, on 1st November 1990.
For the purpose of calculating under those paragraphs any enrolment number at any time of any institution, any student enrolled at the institution whose ordinary place of residence then was or is in a country or territory other than a member State shall be disregarded.
This Schedule applies in relation to—
a further education corporation,
the governing body of a designated institution, and
a sixth form college corporation.
In this Schedule—
In section 128 (dissolution of higher education corporations)—
An instrument must provide for— In the case of an institution in Wales the provision made by an instrument must include provision—
An instrument must make provision about the procedures of the body and the institution. In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities.
An instrument must make provision for there to be— An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk. The responsibilities of the body must include—
An instrument must require the body to publish arrangements for obtaining the views of staff and students on the matters for which the body are responsible under paragraph 5(3)(a) or (b).
In the case of an institution in Wales, an instrument must require the body to consult persons in the locality of the institution receiving education or training, employers in that locality and bodies representing persons living in that locality as to the education provided at the institution and the planning of its curriculum.
An instrument must permit the body to change their name with the approval of—
in the case of an institution in England, the Secretary of State;
in the case of an institution in Wales, the Welsh Ministers.
An instrument must specify how the body may modify or replace the instrument of government and articles of government.
An instrument must prohibit the body from making changes to the instrument of government or articles of government that would result in the body ceasing to be a charity.
An instrument must provide for—
a copy of the instrument to be given free of charge to every member of the body,
a copy of the instrument to be given free of charge, or at a charge not exceeding the cost of copying, to anyone else who requests it, and
a copy of it to be available for inspection at the institution on request, during normal office hours, to every member of staff of, and student at, the institution.
An instrument must provide for the authentication of the application of the seal of the body.
Section 36.
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Section 71.
Section 87.
The Education Assets Board may issue a certificate stating that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, was or was not transferred by virtue of this Act to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact.
Where any rights or liabilities transferred by virtue of this Act are rights or liabilities under an agreement to which the transferor was a party immediately before the date on which the transfer took effect (referred to in this Schedule as the “transfer date”), the agreement shall, unless the context otherwise requires, have effect on and after the transfer date as if— and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor. This paragraph applies to any agreement whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned by the transferor.
Without prejudice to the generality of paragraph 2 above, the transferee under a transfer made by virtue of this Act and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or liability of the transferee. Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act, or to any agreement relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.
The provisions of paragraphs 2 and 3 above shall have effect for the interpretation of agreements subject to the context, and shall not apply where the context otherwise requires.
Section 93
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for subsection (1) there is substituted—
in subsection (2) for “pupil in attendance” there is substituted “person receiving education”,
in subsection (3) for “pupil”, in each place, there is substituted “person”,
for subsection (4) there is substituted—, and
after subsection (4) there is added—
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for “pupils” (where it first appears) there is substituted “persons”, and
in paragraph (c)—
for “pupils” (where it first appears) there is substituted “persons”, and
the words from “including” to the end are omitted.
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for paragraph (b) there is substituted—
after paragraph (c) there is inserted—
At the end of section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) there is added—
(a) to a higher education corporation or further education corporation (within the meaning of the Further and Higher Education Act 1992); In subsection (8) of that section for “(2)(d)” there is substituted “ (2)(c) ”.
in subsection (5)—
for paragraph (aa) there is substituted-
after paragraph (b) there is inserted—, and
paragraph (c) is omitted, and
in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.
In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)—
paragraphs (d) and (da) are omitted,
after paragraph (da) there is inserted-
in paragraph (e) for “(da)” there is substituted “ (db) ”.
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in subsection (2)(b) the words from “made” to the end are omitted,
subsections (5) and (6) are omitted,
in subsection (8) for “(1) to (6)” there is substituted “(1) and (2)”, and
after subsection (12) there is added—
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subsections (3), (4) and (5)(a) are omitted, and
in subsection (5)(ab) “and are not designated establishments of higher or further education” is omitted.
The Education Reform Act 1988 is amended as follows.
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for the words from “a reference” to second “and” there is substituted “except in relation to a local education authority, a reference to”,
in sub-paragraph (ii) after “a university” there is inserted “or an institution within the higher education sector”, and
and
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In section 120 (functions of local authorities with respect to higher and further education)—
subsection (2) is omitted,
in subsection (3)(b) for “living outside their area” there is substituted “ from other areas ”,
in subsection (4)—
for “universities, institutions within the PCFC funding sector” there is substituted “ institutions within the higher education sector ”, and
after “sector” there is inserted “ or the further education sector ”, and
subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.
In section 122 (orders incorporating higher education institutions maintained by local authorities) subsections (2) to (5) are omitted.
In section 123 (provisions supplementary to sections 121 and 122)—
at the end of subsection (1) there is added “ or which has become a higher education corporation by virtue of section 122A of this Act ”, and
for subsection (3) there is substituted—
In section 124 (powers of a higher education corporation)—
in subsection (2)(b) for “disabled students” there is substituted “ students having learning difficulties within the meaning of section 41(9) of the Education Act 1944 ”, and
subsection (4) is omitted.
in subsection (1)(b)—
for sub-paragraphs (iii) and (iv) there is substituted—, and
after those sub-paragraphs there is inserted—,
for subsection (4)(b) there is substituted—
after subsection (5) there is added—
Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.
for subsection (1)(c) there is substituted—
in subsection (2) for the words from “grants” to the end there is substituted “ financial support has been given to them under section 65 of the Further and Higher Education Act 1992. ”
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in subsection (2) for “Polytechnics and Colleges Funding Council” there is substituted “Higher Education Funding Council for England”, and
subsections (3) to (7) are omitted.
In section 137(2) (control of disposals of land) “or 129(3)” is omitted.
In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by local authority)—
in subsection (4)—
the words “or assisted” in both places are omitted,
after “becomes” there is inserted “ an institution within the further education sector ”, and
for “the PCFC funding sector” there is substituted “ the higher education sector ”,
subsection (5)(b) is omitted, and
in subsection (6)—
at the beginning of paragraph (b) there is inserted “ an institution within the further education sector or ”, and
in that paragraph for “the PCFC funding sector” there is substituted “ the higher education sector ”.
In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.
Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.
In section 161 (interpretation of Part II) subsection (1)(c) is omitted.
In section 197 (Education Assets Board)—
in subsection (4) after “this Act” there is inserted “ and section 36 of and Schedule 5 to the Further and Higher Education Act 1992 ”,
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after subsection (7) there is inserted—
In section 198(5) (transfers under Parts I and II) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”.
for subsection (2)(d) there is substituted—
subsection (6) is omitted.
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after paragraph (b) there is inserted—, and
paragraph (c) is omitted.
In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there is inserted “ by or under ”.
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in subsection (1)(f) for “pupils” there is substituted “persons receiving education”,
in subsection (7)(b) for “pupils attending” there is substituted “persons receiving education at”,
in subsection (10)—
after paragraph (a) there is inserted-, and
paragraph (b) is omitted, and
in subsection (11) for “the PCFC funding sector” there is substituted “the higher education sector in receipt of financial support under section 65 of the Further and Higher Education Act 1992”.
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In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.
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In section 230 (stamp duty)— “ (b) an institution within the higher education sector ”, paragraph (c)(ii) is omitted, and after paragraph (c) there is inserted— “ (ca) an institution within the further education sector ”.
in subsection (1) “section 136(2)” is omitted, and
in subsection (3)—
for paragraph (b) there is substituted—
paragraph (c)(ii) is omitted, and
after paragraph (c) there is inserted—.
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in subsection (2) “140(1), 141(6), 145(6), 151(4), 156(10)” is omitted,
in subsection (3) “or 227” is omitted, and
in subsection (4)(b) “227” is omitted.
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in subsection (1) for “the PCFC funding sector” there is substituted “the higher education sector other than a university”, and
subsection (2)(b) is omitted.
In section 235 (general interpretation) subsection (2)(a) and (h) are omitted.
In Schedule 7 (Higher Education Corporations)—
for paragraph 1(4) there is substituted—,
in paragraph 18—
in sub-paragraph (2)(b) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”, and
for sub-paragraph (5) there is substituted—, and
paragraph 19 is omitted.
Schedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
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Where a transfer by virtue of section 126 or 130 relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.
In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—
for “131 or 132 of the Education Reform Act 1988” there is substituted “ 65 of the Further and Higher Education Act 1992 ”, and
for the words from “institutions designated” to “local education authorities” there is substituted “ institutions receiving recurrent grants towards their costs from a further education funding council ”.
Further Education Funding Council for England. Further Education Funding Council for Wales. Higher Education Funding Council for England. Higher Education Funding Council for Wales.
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In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” after paragraph (a)(i) there is inserted—.
Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any institution within the further education sector or the higher education sector. The provisions of sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person or description of persons shall be a public body for the purposes of that Act). An order under that section may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an institution within the further education sector or the higher education sector specified in the order.
for paragraph (aa) there is substituted—
after paragraph (b) there is inserted—
In Schedule 1 to the Superannuation Act 1972 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council are omitted.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council are omitted.
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Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows. for subsections (3) and (4) there is substituted— In subsection (5)— In subsection (6)— In subsection (9) (interpretation)—
For section 6(1) of that Act (review of expected leaving dates from full-time education of disabled persons) there is substituted—
after paragraph (b) there is inserted—
for paragraph (c) there is substituted—
In section 76(1) of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled)— “ (f) of a building intended for the purposes of an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.
in paragraph (d) for “the PCFC funding sector” there is substituted “ the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and
after paragraph (e) there is inserted—
paragraph (a) is omitted,
for paragraph (d) there is substituted—
after paragraph (d) there is inserted—
Section 93. Chapter Short title Extent of repeal 1944 c. 31. The Education Act 1944. Section 8(3). Section 67(4A). In section 85(2) and (3) “for providing primary or secondary education”. In section 114(1), the definitions of “part-time senior education” and “post-school age education”. Section 114(1A), (1B) and (1C). 1948 c. 40. The Education (Miscellaneous Provisions) Act 1948. Section 3(3). 1972 c. 11. The Superannuation Act 1972. In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part III of Schedule 1 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council. 1986 c. 61. The Education (No. 2) Act 1986. Section 43(5)(c) and, in subsection (7), paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment”. Section 49(3)(d) and (da). In section 51, in subsection (2)(b) the words from “made” to the end and subsections (5) and (6). Section 58(3), (4) and (5)(a) and in subsection (5)(ab) “and are not designated establishments of higher or further education”. 1988 c. 40. The Education Reform Act 1988. In section 105(2)(b) “but not the age of nineteen years”. Section 120(2), (6), (7), (8), (9)(a)(ii) and (9)(b). Section 122(2) to (5). Section 124(4). Section 129(3) and (4). Sections 131 and 132. Section 134. Section 136(3) to (7). In section 137(2) “or 129(3)”. Chapter III of Part II. Section 156. In section 157 the words “or assisted” in both places in subsection (4) and subsection (5)(b). Section 158(2)(a)(i) and (iii) and (b). Section 159(2)(b). Section 161(1)(c). Section 205(6). Section 211(c). Section 218(10)(b). Section 219(1)(b), (2)(d) and (e) and (3)(c)(ii). In section 221, subsection (1)(c) and, in subsection (3), the definition of “relevant institution”. In section 222, subsection (2)(b) and, in subsection (3)(c), “or institutions required to be covered by schemes under section 139 of this Act”. Section 227(2) to (4). In section 230, in subsection (1) “section 136(2)” and subsection (3)(c)(ii). In section 232, in subsection (2) “140(1), 141(6), 145(6), 151(4), 156(10)”, in subsection (3) “or 227” and in subsection (4)(b) “227”. Section 234(2)(b). Section 235(2)(a) and (h). Paragraph 19 of Schedule 7. Paragraphs 68, 69(2), 70, 100(2) and 101(4) of Schedule 12. 1990 c. 43. The Environmental Protection Act 1990. Section 98(2)(a).
In this Schedule—
An application for approval of an arrangement by the Secretary of State for the purposes of section 60A of this Act (“an application”) shall be made jointly by the parties to the arrangement. An application shall be in such form and contain such information as may be prescribed by regulations. In addition, the participating bodies shall provide the Secretary of State with such further information as he may require for the purpose of deciding whether or not to grant the approval.
Subject to any provision of the arrangement to the contrary and to sub-paragraph (2) below, a partnership arrangement to which section 60A of this Act applies shall continue in force indefinitely. The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies. The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.
The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except— If a question arises whether a change to an arrangement would be a significant change, that question shall be determined by the Secretary of State.
Regulations may provide— In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).