Education Reform Act 1988

• (2) An institution falls within this subsection if its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of subsection (1)(b) above, a company is a successor company to a higher education corporation if-

• (a) it is a company limited by a guarantee formed and registered under the Companies Act 2006;

• (b) at the time when it was formed the persons participating in its formation were all members of a higher education corporation and constituted a majority of the members of that corporation;

• (c) its objects—

• (i) are exclusively charitable according to the law of England and Wales; and

• (ii) include the conduct of the institution which was at that time conducted by that corporation;

• (d) its articles of association have been approved by the Welsh Ministers; and

• (e) an order has been made under section 127A or 128 of this Act dissolving the corporation and transferring the property, rights and liabilities of the corporation to the company (whether or not that order has taken effect before the order under this section is made).

Government and conduct of designated institutions.

129A

• (1) This section has effect in relation to any designated institution, other than an institution conducted by a company.

• (2) For each such institution there shall be—

• (a) an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government); and

• (b) an instrument in accordance with which the institution is to be conducted (to be known as the articles of government),

each of which meets the requirements of subsection (3) below.

• (3) Those requirements are that the instrument—

• (a) was in force when the designation took effect; or

• (b) 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 Privy Council.

• (4) 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.

• (5) Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the body of persons responsible for the management of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.

• (6) If an instrument approved by the Privy Council for the purposes of this section—

• (a) 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

• (b) was made by the body of persons responsible for the management of the institution,

the instrument may be modified by those persons.

• (7) Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council’s consent.

• (8) Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult—

• (a) the governing body of the institution, and

• (b) where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,

so far as it appears to them to be practicable to do so.

• (9) Nothing in this section requires further approval for any instrument approved by the Secretary of State for the purposes of section 156 of this Act, and references in this section to instruments approved by the Privy Council for the purposes of this section include instruments so approved by the Secretary of State.

• (10) In this section and section 129B “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect but does not include any institution established by Royal Charter.

Designated institutions conducted by companies.

129B

• (1) This section has effect in relation to any designated institution conducted by a company.

• (2) The articles of association of the company shall incorporate—

• (a) 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

• (b) provision with respect to the conduct of the institution (to be known as the articles of government of the institution).

• (3) The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—

• (a) the articles of association of the company; or

• (b) any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,

are amended in such manner as they may specify in the direction.

• (4) 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 Privy Council for their approval and they have notified their approval to the company.

• (5) Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.

Transfer of property, etc., to certain designated institutions.

130

• (1) This section applies to an institution designated under section 129 of this Act in any case where—

• (a) the order designating the institution under that section so provides; and

• (b) immediately before the date on which the designation takes effect (referred to below in this section, in relation to such an institution, as the designation date) the institution is an institution assisted by a local authority (referred to below in this section as the former assisting authority).

• (2) Subject to subsection (4) below and section 198 of this Act, on the designation date in relation to any institution to which this section applies the property, rights and liabilities mentioned in subsection (3) below shall be transferred to, and by virtue of this Act vest in, the appropriate transferee.

• (3) The property, rights and liabilities referred to in subsection (2) above are—

• (a) all land or other property which, immediately before that date, was property of the former assisting authority used or held for the purposes of that institution; and

• (b) all rights and liabilities of that authority subsisting immediately before that date which were acquired or incurred for those purposes.

• (4) Subsection (2) above shall not apply to—

• (a) any liability of the former assisting authority in respect of the principal of, or any interest on, any loan; or

• (b) any liability of that authority in respect of compensation for premature retirement of any person formerly employed by them.

• (5) In subsection (2) above, “the appropriate transferee” means—

• (a) in relation to an institution conducted by a body corporate, that body; and

• (b) in relation to an institution not so conducted, any persons specified in the order designating the institution as persons appearing to the Secretary of State to be trustees holding property for the purposes of that institution.

• (6) Subject to subsection (7) below, where any persons so specified are the appropriate transferee for the purposes of subsection (2) above—

• (a) any land or other property or rights transferred to them under this section shall be held by them on the trusts applicable under such trust deed relating to or regulating that institution (if any) as may be so specified or, if no such trust deed is so specified, on trust for the purposes of the institution; and

• (b) 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.

• (7) Subsection (6)(a) above shall not apply in relation to any land or other property or rights which immediately before the designation date in relation to the institution concerned were vested in the former assisting authority as trustees for any particular purposes or (as the case may be) for the general purposes of the institution.

• (8) In this Act, “transfer date” means, in relation to an institution to which this section applies, the designation date in relation to that institution.

New arrangements for funding higher education

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131

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132

Payments ...in respect of persons employed in the provision of higher or further education.

133

• (1) The Office for Students has power to make payments, subject to such terms and conditions as it thinks fit, to—

• (a) any local authority in its area;

• (b) the London Residuary Body;

• (c) the London Pensions Fund Authority; and

• (d) the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.

• (2) In subsection (1) above “relevant expenditure” means—

• (a) in relation to a local authority the London Residuary Body or the London Pensions Fund Authority, expenditure in making payments to or in respect of persons employed or formerly employed at an institution which provides or (in the case of an institution which has ceased to exist since the employment in question came to an end) formerly provided higher education or further education (or both); and

• (b) in relation to the governing body of any institution so designated, expenditure in making payments to or in respect of persons employed or formerly employed at the institution.

• (3) The reference in subsection (2)(a) above to higher education or further education (or both) shall be read, in the case of an institution which ceased to exist before the date on which section 120 of this Act comes into force, as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect immediately before that date 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.

• (4) Each of the following, that is to say—

• (a) a local authority;

• (aa) the London Residuary Body;

• (ab) the London Pensions Fund Authority; and

• (b) the governing body of any institution so designated;

shall give the Council such information as the Council may require for the purposes of the exercise of their power under subsection (1) above.

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

134

Supplementary

Inspection of accounts.

135

• (1) The accounts of—

• (a) any university;

• (b) any higher education corporation; ...

• (c) any designated institution within the meaning of section 129A of this Act or

• (d) any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017

shall be open to the inspection of the Comptroller and Auditor General.

• (2) In the case of any higher education corporation or of any such institution as is mentioned in subsection (1)(a), (c) or (d) above—

• (a) the power conferred by subsection (1) above; and

• (b) 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;

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 financial support has been given to them under section 65 of the Further and Higher Education Act 1992 or section 39 or 97 of the Higher Education and Research Act 2017.

Transfer to Polytechnics and Colleges Funding Council of property and staff of NAB.

136

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

Control of disposals of land.

137

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

Construction of references to land held for the purposes of an institution.

138

• (1) This section applies for the purpose of the construction of the following provisions of this Act—

• (a) section 126(4)(a);

• (b) section 130(3)(a); ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where at any time any land is used for the purposes of an institution to which any of those provisions applies, any interest of a local authority in that land subsisting at that time shall be taken for the purposes of that provision 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).

Chapter III

Further and higher education funding schemes

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139

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140

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141

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142

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143

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144

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145

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146

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147

Appointment and dismissal of staff during financial delegation

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

148

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149

Withdrawal of delegated powers

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

150

Government and conduct of maintained further and higher education institutions

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

151

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152

Government of designated assisted institutions

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153

Miscellaneous and supplementary

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154

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155

Chapter IV — Miscellaneous and Supplementary

Government and conduct of certain further and higher education institutions.

156

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

Variation of trust deeds, etc.

157

• (1) An order of the Privy Council may modify any trust deed or other instrument—

• (a) relating to or regulating any such institution as is mentioned in subsection (2) below; or

• (b) relating to any land or other property held by any person for the purposes of any such institution.

• (2) The institutions referred to in subsection (1) above are—

• (a) any institution conducted by a higher education corporation in Wales; and

• (b) any institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect, other than an institution established by Royal Charter.

• (3) Before making any modifications under subsection (1) above of any trust deed or other instrument the Privy Council shall so far as it appears to them to be practicable to do so consult—

• (a) the governing body of the institution;

• (b) 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

• (c) 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.

• (4) Any provision of any instrument relating to any land or other property held for the purposes of any institution maintained . . . by a local authority to which this subsection applies which—

• (a) confers on any person an option to acquire an interest in that land or other property; or

• (b) provides (in whatever terms) for the determination or forfeiture of any such interest;

in the event of the institution’s ceasing to be maintained . . . by a local authority or (as the case may be) by the authority in question shall, if the institution becomes an institution within the further education sector an institution within the higher education sector or a grant-aided institution, have effect as if the event referred to were the institution’s ceasing to be a publicly funded institution.

• (5) Subsection (4) above applies—

• (a) to an institution maintained by a local authority if it is an institution providing full-time education which is maintained by the authority in exercise of their further or higher education functions; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In that subsection “publicly funded institution” means an institution which is an institution of any one or more of the following descriptions, that is to say—

• (a) an institution maintained or assisted by a local authority;

• (b) an institution within the further education sector or an institution within the higher education sector; and

• (c) a grant-aided institution.

Reports and returns to Secretary of State.

158

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Information with respect to educational provision in institutions providing further or higher education.

159

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

Adjustments of block grant in respect of expenditure on advanced further education.

160

• (1) The block grant payable to a local authority in England for any year beginning on or after the date appointed for the purposes of section 126(1) of this Act shall not be subject to adjustment in accordance with paragraph 6 of Schedule 10 to the Local Government, Planning and Land Act 1980 (which relates to adjustments of block grant in respect of expenditure on advanced further education as between local authorities).

• (2) In relation to any expenditure incurred by such an authority on or after that date in the exercise of the authority’s functions as a local authority , sub-paragraphs (3)(a) and (5)(b) of paragraph 5 of that Schedule (which define certain expenditure for the purposes of that paragraph) shall each have effect as if the words “other than that to which paragraph 6 below applies" were omitted.

• (3) On that date Part I of that Schedule (which relates to adjustments of block grant in respect of expenditure on advanced further education as between England and Wales) shall cease to have effect.

• (4) Anything done by the Secretary of State before the passing of this Act for the purpose of making in the block grant payable to a local authority in England adjustments under paragraph 5 or 6 of that Schedule in respect of expenditure incurred in the years beginning in 1985, 1986 and 1987 by local authorities in England in connection with further education of an advanced character (including the training of teachers) shall be deemed to have been done in accordance with that paragraph.

• (5) In this section—

• “local authority” means a body which is a local authority for the purposes of Part VI of that Act; and

• “year” has the same meaning as in that Part.

Interpretation of Part II.

161

• (1) In this Part of this Act, except where the context otherwise requires—

• (a) references to courses of advanced further education shall be read in accordance with section 121(4);

• (b) references to the further or higher education functions of a local authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15ZA, 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);

• (ba) “further education corporation in England” means a further education corporation established to conduct an institution whose activities are carried on, or principally carried on, in England;

• (bb) “further education corporation in Wales” means a further education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) “governing body” includes, in relation to any institution, a board of governors of the institution or any persons responsible for the management of the institution (but not formally constituted as such a body or board).

• (e) “higher education corporation in England” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in England;

• (f) “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.

• (2) References in this Part of this Act to the total full-time equivalent enrolment number of any institution at any time are references to the aggregate of its full-time equivalent enrolment numbers at that time for courses of all descriptions then offered by that institution.

• (3) For the purposes of this Part of this Act the full-time equivalent enrolment number at any time of any institution for courses of any description shall be determined in accordance with Schedule 9 to this Act.

Part III — Education in Inner London

Reorganisation of provision of education in inner London

Abolition of ILEA.

162

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New local education authorities for areas in inner London.

163

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In this Part, “inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London.

Extension of functions of London Residuary Body.

164

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Disposal of functions and property of ILEA

Development plans for education.

165

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166

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167

Transfers of property, rights and liabilities.

168

• (1) The Secretary of State may by an order or orders made at any time before the abolition date provide for the transfer to each inner London council of—

• (a) such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, need to be so transferred for the purpose of enabling that council properly to perform its LEA functions; and

• (b) such of the rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, it is appropriate to transfer to that council for the purposes of or in connection with the exercise by that council by virtue of section 166 of this Act of functions in relation to, or in relation to registered pupils at, any grant-maintained school which were formerly exercisable by ILEA.

• (2) The Secretary of State may by such an order or orders provide for the transfer to any local authority other than an inner London council of such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as do not in his opinion fall to be transferred to such a council by virtue of subsection (1) above.

• (3) Any transfer for which provision is made by order under this section may be on such terms, including financial terms, as the Secretary of State thinks fit and the Secretary of State may by order create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient.

• (4) The Secretary of State may by order confer on any inner London council or local authority to which property is transferred by or under the order any statutory functions which before the abolition date were exercisable in relation to that property by ILEA.

• (5) In this section “excepted rights and liabilities” means rights and liabilities arising under contracts of employment between ILEA and its employees.

Approval of management structure and senior appointments in initial period.

169

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Staff

Establishment and functions of staff commission.

170

• (1) The Secretary of State shall establish a staff commission for the purpose of—

• (a) advising the Secretary of State on the steps necessary to safeguard the interests of the staff employed by relevant authorities so far as affected by any provision made by or under this Part;

• (b) considering and keeping under review—

• (i) the arrangements for the recruitment of staff by those authorities in consequence of any such provision; and

• (ii) the arrangements for any transfer of the staff of those authorities in consequence of any such provision; and

• (c) considering such staffing problems arising in consequence of, and such other matters relating to staff of any body affected by, any such provision as may be referred to the commission by the Secretary of State.

• (2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to—

• (a) the implementation of any advice given by the commission; and

• (b) the payment by a relevant authority of any expenses incurred by the commission in doing anything requested by the authority;

and it shall be the duty of the commission and of a relevant authority to comply with any direction given to it under this subsection.

• (3) Any expenses incurred by the staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State.

• (4) The relevant authorities for the purposes of this section are—

• (a) ILEA and the inner London councils;

• (b) the London Residuary Body; and

• (c) any local authority other than an inner London council to which functions or property of ILEA will be or have been transferred by order under section 168 of this Act.

Remuneration of employees.

171

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Power to transfer staff.

172

• (1) This section applies to any person who—

• (a) immediately before the abolition date is in the service of ILEA under a contract of employment which would have continued but for the abolition of ILEA; and

• (b) is designated for the purposes of this section by an order made by the Secretary of State.

• (2) The contract of employment between a person to whom this section applies and ILEA shall not be terminated by the abolition of ILEA but shall have effect as from the abolition date as if originally made between him and such successor authority (“the new employer”) as may be specified in relation to that person by the order designating him for the purposes of this section.

• (3) Without prejudice to subsection (2) above—

• (a) all ILEA’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 on the abolition date to the new employer; and

• (b) anything done before that date by or in relation to ILEA in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

• (4) 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.

• (5) An order under this section may designate a person either individually or as a member of a class or description of employees.

• (6) In this section “successor authority” means—

• (a) an inner London council;

• (b) the London Residuary Body; and

• (c) any local authority other than an inner London council to which functions or property of ILEA are transferred by order under section 168 of this Act.

Compensation for loss of employment or loss or diminution of emoluments.

173

• (1) This section applies to any person who suffers loss of employment or loss or diminution of emoluments which—

• (a) is attributable to any provision made by or under this Part; and

• (b) occurs in the circumstances mentioned in subsection (2) below.

• (2) Those circumstances are—

• (a) in the case of loss of employment, the employment in question is employment with ILEA or the London Residuary Body and the loss is suffered on or after the abolition date; and

• (b) in the case of loss or diminution of emoluments, the loss or diminution arises from the termination of the employment of the person concerned with ILEA or that Body and is suffered on or after such date as may be specified in regulations made for the purposes of this section under section 24 of the Superannuation Act 1972 (“compensation regulations”).

• (3) Compensation in respect of any such loss or diminution suffered by a person to whom this section applies shall, subject to subsection (4) below, be paid only in accordance with compensation regulations; and accordingly neither ILEA nor the London Residuary Body shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

• (4) Subsection (3) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 21st November 1987.

• (5) Compensation regulations shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination on or before the abolition date of a contract made after 17th February 1988 which provides for the employment of that person for a fixed term extending beyond the abolition date.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . ., nothing in this section shall be construed as affecting any entitlement to . . .any payment by virtue of any provision of the Act of 1972 mentioned above other than section 24.

Continuity of employment in certain cases of voluntary transfer.

174

• (1) This section applies to a person who at any time on or after such date as may be specified by order made by the Secretary of State ceases to be employed by ILEA or the London Residuary Body (his “former employer”) if—

• (a) the termination of his employment is attributable to any provision made by or under this Part;

• (b) he is subsequently employed by another person (his “new employer”); and

• (c) by virtue of section 84, 94 or 95 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.

• (2) Where this section applies to a person Chapter I of Part XIV of the Employment Rights Act 1996 (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, that is to say—

• (a) the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

• (b) the change of employer shall not break the continuity of the period of employment.

• (3) Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

Offers of employment by inner London councils.

175

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Functions of London Residuary Body

Provision of services and facilities by London Residuary Body.

176

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

Repayment by London Residuary Body of loans to ILEA.

177

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

Liability of London Residuary Body for redundancy and compensation payments.

178

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

Payment of pensions and pensions increase by London Residuary Body.

179

• (1) All liabilities of ILEA in respect of pensions payable by it shall on the abolition date become liabilities of the London Residuary Body.

• (2) The reference in subsection (1) above to pensions includes a reference to allowances, grants or other benefits in respect of past service, death, injury or disease (whether of the pensioner or another person) and any such compensation as is mentioned in section 8(1)(b) or (c) of the Pensions (Increase) Act 1971.

• (3) At the end of Part II of Schedule 2 to that Act (pensions payable out of local funds) there shall be inserted—

(64C) A pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.

• (4) In paragraph 1(5) of Schedule 3 to that Act (cases where increase of pension is to be reimbursed by the last employing authority) after “64B” there shall be inserted the words “and 64C”.

• (5) The London Residuary Body shall pay—

• (a) any increase which by virtue of regulations under section 5(2) of that Act would have been payable on or after the abolition date by ILEA; and

• (b) any payment which is analogous to a pensions increase and would have been payable on or after that date by ILEA by virtue of regulations under section 13(3) of that Act.

Custody of residuary property, etc.

180

• (1) On the abolition date all residuary property, rights and liabilities of ILEA shall vest in the London Residuary Body.

• (2) In subsection (1) above “residuary property, rights and liabilities” means—

• (a) any property for the vesting of which provision is not otherwise made by or under this Part; and

• (b) subject to subsection (3) below, any rights and liabilities which are not transferred, extinguished or otherwise dealt with by any provision so made.

• (3) This section shall not be construed—

• (a) as continuing in force any contract of employment made by ILEA; or

• (b) as imposing any liability on the London Residuary Body in respect of the termination of any such contract by the abolition of ILEA;

but the rights and liabilities to which this section applies shall include any rights and liabilities attributable to anything done or omitted under or in respect of such a contract before the abolition date except any liability to make a payment prohibited by section 173(3) of this Act.

• (4) The Secretary of State may by order confer on the London Residuary Body any statutory functions which before the abolition date were exercisable by ILEA in relation to any property, rights or liabilities which are vested in that body by this section.

• (5) Without prejudice to section 232(5) of this Act, the provision that may be made by an order under subsection (4) above includes provision amending any enactment or any instrument made under any enactment.

Power of London Residuary Body to pay compensation.

181

• (1) The London Residuary Body may pay compensation—

• (a) to any former officer of ILEA who sustained an injury in the course of his employment with ILEA; or

• (b) to the widow or widower or child of any former officer of ILEA who, in the course of his employment with ILEA, died or sustained an injury resulting in death.

• (2) Subsection (1) above applies irrespective of whether the employment with ILEA of the officer in question came to an end on or before the abolition date.

• (3) The London Residuary Body may pay compensation to any person in respect of loss suffered by him in consequence of any damage to property in respect of which it appears to them that a claim might have been brought against ILEA had ILEA not been abolished.

• (4) Any compensation payable under this section may be paid either—

• (a) by way of a lump sum; or

• (b) by way of periodical payments of such amounts and payable at such times and for such periods as the London Residuary Body may from time to time determine having regard to all the circumstances of the case.

• (5) The payment of compensation under this section shall not affect any right or claim to damages or compensation which—

• (a) any such officer as is mentioned in subsection (1)(a) or (b) above or his widow or widower or child; or

• (b) any such person as is mentioned in subsection (3) above;

may have against any person other than the London Residuary Body or, except so far as may be agreed when the compensation is granted, against the London Residuary Body by virtue of section 180 of this Act.

Preparation of ILEA’s final accounts.

182

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

Directions of Secretary of State.

183

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

Financial provisions and winding up of London Residuary Body

Preparatory expenditure of inner London councils.

184

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

London Residuary Body: financial provisions.

185

• (1) The London Residuary Body may in respect of any financial year beginning on or after the abolition date make levies on the rating authorities in inner London to meet all liabilities falling by virtue of this Part to be discharged by it for which provision is not otherwise made.

• (2) The amount to be levied by that body in respect of any financial year from each such authority shall be determined by apportioning the total amount to be levied by that body under this section in respect of that year between those authorities in proportion to the population of their respective areas.

• (3) For the purposes of subsection (2) above the population of any area shall be taken to be—

• (a) in relation to any financial year in respect of which the London Residuary Body makes any levy under section 74 of the 1985 Act, the number applicable by virtue of subsection (2) of that section; and

• (b) in relation to any other financial year, the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time direct.

• (4) In section 74 of the 1985 Act, as it applies in relation to the London Residuary Body—

• (a) subsection (1) shall not apply in relation to liabilities of that body to which subsection (1) above applies; and

• (b) the reference in subsection (2) to the total amount to be levied by that body in respect of any financial year shall not include any amount to be so levied by virtue of this section;

but subsections (3) to (5) of that section (procedure for the levy and application of enactments relating to precepts and rates) shall apply in relation to a levy under this section as they apply in relation to a levy under that section.

• (5) A demand issued under subsection (3) of that section to a rating authority in inner London relating to a payment or payments in respect of a levy under that section may relate also to a payment or payments in respect of a levy under this section, but if it does so shall state separately the payment or payments required in respect of each levy.

• (6) Without prejudice to the borrowing powers of the London Residuary Body by virtue of section 75 of the 1985 Act but subject to subsection (7) below, that body may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of defraying any expenses incurred by it before the abolition date which are attributable to any provision made by or under this Part.

• (7) The sums borrowed by that body under subsection (6) above—

• (a) shall not exceed such amount as the Secretary of State may determine; and

• (b) shall be repaid before the end of the financial year beginning with the abolition date.

• (8) Section 77 of the 1985 Act (treatment and distribution of capital and other money) shall apply in relation to capital money received by the London Residuary Body of any description specified for the purposes of this section by an order made by the Secretary of State as if—

• (a) subsection (2) were omitted and any reference to an authority or authorities to which subsection (1) of that section applies were a reference to a charging authority or (as the case may be) the charging authorities in inner London; and

• (b) the references in subsection (4) of that section to the area for which that body is established and to a levy were respectively references to inner London and to a levy under this section.

• (9) Except as provided by subsection (8) above section 77 shall not apply in relation to capital money of a description within that subsection.

• (10) The Secretary of State may by order provide, in relation to capital money received by the London Residuary Body of any description not within subsection (8) above, for the application of that money, or of such part of that money as may be specified in the order, for such purposes connected with the abolition of ILEA as may be so specified.

• (11) In this section—

• (a) references to inner London are references to the area comprising the areas of all the inner London councils; and

• (b) “capital money” has the same meaning as in section 77 of the 1985 Act.

Transitional functions of London Residuary Body in respect of block grant.

186

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

Winding-up of London Residuary Body.

187

• (1) Except as respects any of its functions under this Part for the discharge of which provision will be or is likely to be required after the end of the period of three years beginning with the abolition date, it shall be the duty of the London Residuary Body to use its best endeavours to secure that its work under this Part is completed as soon as practicable and in any event before the end of that period.

• (2) As respects—

• (a) any such functions; and

• (b) any property, rights and liabilities transferred to it, or held, acquired or incurred by it by virtue of, or in the exercise of any of its functions under, this Part;

that body shall if it considers it appropriate to do so make such arrangements as are practicable for their transfer to a local authority or to some other body or bodies or submit proposals to the Secretary of State for effecting such transfers by orders made by him for the purpose.

• (3) Any such arrangements or proposals shall be made or (as the case may be) submitted, so far as practicable, before the end of the period of two years beginning with the abolition date.

• (4) Not later than the end of that period of two years, the London Residuary Body shall submit to the Secretary of State a scheme for the winding up of that body and the disposal of its remaining functions, property, rights and liabilities so far as not dealt with in pursuance of subsection (2) above.

• (5) The Secretary of State may by order provide—

• (a) for any such transfer or disposal as is mentioned in subsection (2) above; and

• (b) for giving effect (with or without modifications) to any scheme submitted to him under subsection (4) above.

• (6) The power under subsection (5)(a) above applies irrespective of whether or not the London Residuary Body has submitted proposals with respect to the transfer or disposal in question and, if it has, whether the provision made is in accordance with those proposals or not.

• (7) Without prejudice to the generality of the power under subsection (5) above and to section 232(5) of this Act, the provision that may be made by an order under subsection (5) above includes provision—

• (a) amending any enactment or any instrument made under an enactment; or

• (b) establishing new bodies corporate to receive any functions, property, rights or liabilities transferred by the order.

Control of ILEA’s contracts and disposals

Control of contracts.

188

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

Control of disposals.

189

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

Wrongful contracts or disposals.

190

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

Penalties for contravention of section 188 or 189.

191

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

Miscellaneous and supplementary

Charities.

192

• (1) Where immediately before the abolition date—

• (a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and

• (b) the charity is primarily for the benefit of the area of a single inner London council;

that property shall on that date vest for the like purposes in that council.

• (2) Where immediately before that date any power with respect to any such charity as is mentioned in subsection (1)(b) above was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in, or in the holder of the corresponding office connected with, the inner London council concerned.

• (3) Where in the case of any such power vested in the holder of any office connected with ILEA there is no corresponding office connected with the inner London council concerned, that power shall on that date vest in the holder of such other office connected with that council as the Charity Commissioners may with the consent of that council and the office-holder concerned appoint.

• (4) Where immediately before that date—

• (a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and

• (b) subsection (1) above does not apply to that property;

that property shall on that date vest for the like purposes in the London Residuary Body or in such other person as the Charity Commissioners may appoint.

• (5) Where immediately before that date any power with respect to any charity, other than any such charity as is mentioned in subsection (1)(b) above, was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in the London Residuary Body or in such other person as the Charity Commissioners may appoint.

• (6) References above in this section to a power with respect to a charity shall not include references to any power of any person by virtue of being a charity trustee of that charity; but where under the trusts of any charity the charity trustees immediately before the abolition date included ILEA or the holder of an office connected with ILEA then, as from that date, those trustees shall instead include—

• (a) such of the inner London councils;

• (b) the holder of such office connected with such of those councils; or

• (c) such other person;

as the Charity Commissioners may appoint.

• (7) If in any case an appointment is not made by the Charity Commissioners for the purposes of any of subsections (3) to (6) above before the abolition date, the London Residuary Body shall be treated as having been so appointed pending the making of such an appointment by those Commissioners; but an appointment made by those Commissioners after the abolition date must be made before the end of the period of two years beginning with that date.

• (8) References in subsections (2), (5) and (6) above to a charity shall not include a charity which is a company as defined in section 1(1) of the Companies Act 2006 or incorporated by charter.

• (9) For the purposes of this section, a charity is a charity primarily for the benefit of the area of a single inner London council if the charity is established for purposes which are by their nature or by the trusts of the charity directed wholly or mainly to the benefit of an area which falls wholly or mainly within that council’s area.

• (10) Nothing in this section shall affect the power of Her Majesty, the court or any other person to alter the trusts of any charity.

• (11) In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meanings as in the Charities Act 1993.

Information and access to documents.

193

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

Concurrent employment.

194

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

Continuity of exercise of functions.

195

• (1) The abolition of ILEA shall not affect the validity of anything done by ILEA before the abolition date.

• (2) Anything which at that date is in process of being done by or in relation to ILEA in the exercise of or in connection with any statutory functions which by virtue of any provision made by or under this Part become functions of the inner London councils in respect of their respective areas or (as the case may be) of some other local authority or of the London Residuary Body may be continued by or in relation to the successor authority.

• (3) References in this section, in relation to any statutory functions, to the successor authority are references to the inner London council or other local authority or body by which those functions become exercisable or (as the case may be) become exercisable in respect of the area in question.

• (4) Any instrument made by ILEA in exercise of or in connection with any functions to which subsection (2) above applies, and any other thing done by or in relation to ILEA before the abolition date in exercise of or in connection with any such functions shall, so far as required for continuing its effect on and after that date, have effect as if made by, or done by or in relation to, the successor authority.

• (5) Any reference above in this section to any instrument made by, or to any other thing done by or in relation to, ILEA includes a reference to any instrument or other thing which by virtue of any enactment is treated as having been made by, or done by or in relation to, ILEA.

• (6) So far as is required for giving effect to the preceding provisions of this section—

• (a) any reference in any document to ILEA shall be construed as a reference to the successor authority; and

• (b) any reference in any document to ILEA’s area (whether as the Inner London Education Area or otherwise), or to any part of that area comprising the successor authority’s area, shall be construed as a reference to the successor authority’s area.

• (7) For the purposes of subsection (6)(b) above, the London Residuary Body’s area shall be taken to be the area comprising the areas of all the inner London councils.

• (8) Any question under this section as to which is the successor authority in respect of any particular functions may be determined by a direction given by the Secretary of State.

• (9) The preceding provisions of this section—

• (a) are without prejudice to any provision made by this Part in relation to any particular functions; and

• (b) shall not be construed as continuing in force any contract of employment made by ILEA.

• (10) The Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the preceding provisions of this section or make such other transitional provision as he thinks necessary or expedient.

Interpretation of Part III.

196

• (1) In this Part—

• “the 1985 Act” has the meaning given by section 164(3);

• “the abolition date” has the meaning given by section 162(2);

• “ILEA” has the meaning given by section 162(1)(a);

• “inner London council” has the meaning given by section 163(2); and

• “statutory functions” means functions conferred or imposed by an enactment or a statutory instrument.

• (2) References in this Part, in relation to an inner London council, to its LEA functions shall be read in accordance with section 165(1)(a).

Part IV — Miscellaneous and General

Establishment and functions of Education Assets Board

Education Assets Board.

197

• (1) There shall be established a body corporate to be known as the Education Assets Board.

• (2) The Board shall consist of a chairman and not less than two nor more than ten other members appointed by the Secretary of State.

• (3) In appointing the members of the Board 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, property management, local government or education.

• (4) The principal functions of the Board are those conferred or imposed on them under sections 198 to 201 of and Schedule 10 to this Act and section 36 of and Schedule 5 to the Further and Higher Education Act 1992; and the Board may also undertake such other activities as they consider it necessary or expedient to undertake for the purposes of or in connection with carrying out any of their functions.

• (5) The Secretary of State may make grants to the Board of such amounts and subject to such conditions as he may determine.

• (6) In exercising their functions under the Education Acts the Board shall comply with any directions given to them by the Secretary of State.

• (7) Any local authority and any governing body of a maintained . . . school shall give the Board such information as the Board may require for the purposes of the exercise of any of their functions under the Education Acts.

• (7A) A local authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act.

• (7B) The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under the Education Acts.

• (8) The Board 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 Board’s property shall not be regarded as property of, or property held on behalf of, the Crown.

• (9) Schedule 8 to this Act has effect with respect to the Board.

• (10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.

Transfers under Parts I and II.

198

• (1) This section applies to any transfer under any of the following provisions, namely—

• (a) section 126 or 130 of this Act,

• (b) Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or

• (c) any regulations made—

• (i) under section 21(5) or (9) of that Act, or

• (ii) under paragraph 10 of Schedule 2 or paragraph 5 of Schedule 8 to that Act; or

• (d) Part 3 of Schedule 4 to the School Standards and Organisation (Wales) Act 2013;

and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act.

• (1A) However, nothing in—

• (a) the provisions of that Schedule other than paragraph 2(4), or

• (b) subsection (3) below,

applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act.

• (2) Schedule 10 to this Act has effect for the purpose of—

• (a) dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body 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 school or other educational institution;

• (b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer;

• (c) providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and

• (d) making supplementary and consequential provisions in relation to such transfers.

• (3) In carrying out the functions conferred or imposed on them by that Schedule—

• (a) the Education Transfer Council—

• (i) shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but

• (ii) shall seek to ensure that all such persons’ interests are protected; and

• (b) it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act.

• (4) Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer—

• (a) it may not be done by the transferee; and

• (b) in doing it the Council shall be regarded as acting on behalf and in the name of the transferee;

and in a case where the transferee is a body corporate established under this Act or the 1998 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 or the 1998 Act.

• (5) Not later than the end of the period of six months beginning with the transfer date applicable in relation to any transfer to a higher education corporation under section 126 of this Act, the Council shall provide the Commission for Tertiary Education and Research with a written statement giving such particulars of all property, rights and liabilities transferred to that corporation as are then available to the Council.

• (6) If in any case within subsection (5) 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 Council shall provide the Commission for Tertiary Education and Research 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.

Loan liabilities excepted from transfer under Part II.

199

• (1) The amount of any liability of a local authority in respect of the principal of any loan which is an excepted liability in relation to an institution to which this section applies shall be treated on and after the operative date as having been borrowed from that authority by the default on such terms as to repayment and the payment of interest as may be agreed between the Education Assets Board and the authority or determined by the Secretary of State under this section.

• (2) This section applies to any institution conducted by a higher education corporation and any institution designated under section 129 of this Act; and in relation to any such institution—

• (a) a liability is an excepted liability for the purposes of this section if it would have been transferred under section 126(3) but for subsection (5)(b) of that section or (as the case may be) under section 130(2) of this Act but for subsection (4)(a) of that section; and

• (b) references, in relation to an excepted liability, to the default transferee and the operative date are references respectively to the body or persons to whom and the date on which that liability would have been so transferred.

• (3) It shall be the duty of the authority and the Board, whether before or after the operative date, so far as practicable to arrive at such written agreements as may be necessary for determining the amount of any excepted liability and the terms to apply in relation to the liability imposed on the default transferee under this section by reference to that liability.

• (4) Notwithstanding any terms agreed or determined as mentioned in subsection (1) above, any liability in respect of any sum treated by virtue of that subsection as having been borrowed from a local authority may at any time be discharged by a single payment of a sum equal to the aggregate of—

• (a) the amount of the principal of the loan outstanding at the time of the payment; and

• (b) the amount of any interest accrued before that time.

• (5) The Board shall notify the Secretary of State if it appears to them that it is unlikely the case of any matter on which agreement is required to be reached under subsection (3) above that such an agreement will be reached.

• (6) Where the Secretary of State has received a notification from the Board under subsection (5) above he may, whether before or after the operative date, give a direction determining the matter, and may include in the direction any provision which might have been included in an agreement under subsection (3) above.

• (7) The Secretary of State shall consult the authority before giving a direction under this section.

• (8) The Board shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this section.

• (9) The Board shall deliver any agreement made under subsection (3) above to the default transferee.

• (10) Any such agreement shall be treated as made between the authority and the default transferee.

Grant-maintained schools: school property.

200

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

Wrongful disposals.

201

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

Academic tenure

The University Commissioners.

202

• (1) There shall be a body of Commissioners known as the University Commissioners (in this section and sections 203 to 207 of this Act referred to as “the Commissioners”) who shall exercise, in accordance with subsection (2) below, in relation to qualifying institutions, the functions assigned to them by those sections.

• (2) In exercising those functions, the Commissioners shall have regard to the need—

• (a) to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions;

• (b) to enable qualifying institutions to provide education, promote learning and engage in research efficiently and economically; and

• (c) to apply the principles of justice and fairness.

• (3) The following are qualifying institutions for the purposes of this section and sections 203 to 206 of this Act, namely—

• (a) any university or other institution to which, during the period of three years beginning 1st August 1987, grants in aid are or have been made by the Universities Funding Council, or by the Secretary of State acting on the advice of the University Grants Committee;

• (b) any constituent college, school or hall or other institution of a university falling within paragraph (a) above; and

• (c) any institution not falling within paragraph (a) above which is authorised by charter to grant degrees and to which, during the period of three years beginning 1st August 1987, grants are or have been made by the Secretary of State.

• (4) Schedule 11 to this Act shall have effect with respect to the Commissioners.

Duty of Commissioners.

203

• (1) The Commissioners shall exercise the powers conferred by section 204 of this Act with a view to securing that the statutes of each qualifying institution include—

• (a) provision enabling an appropriate body, or any delegate of such a body, to dismiss any member of the academic staff by reason of redundancy;

• (b) provision enabling an appropriate officer, or any delegate of such an officer, acting in accordance with procedures determined by the Commissioners, to dismiss any member of the academic staff for good cause;

• (c) provision establishing disciplinary procedures determined by the Commissioners for dealing with any complaints made against any member of the academic staff relating to his appointment or employment;

• (d) provision establishing procedures determined by the Commissioners for hearing and determining appeals by any members of the academic staff who are dismissed or under notice of dismissal (whether or not in pursuance of such provision as is mentioned in paragraph (a) or (b) above) or who are otherwise disciplined; and

• (e) provision establishing procedures determined by the Commissioners for affording to any member of the academic staff opportunities for seeking redress for any grievances relating to his appointment or employment.

• (2) No provision such as is mentioned in subsection (1)(a) or (b) above which is included in the statutes of a qualifying institution by virtue of section 204 of this Act shall enable any member of the academic staff to be dismissed unless the reason for his dismissal may in the circumstances (including the size and administrative resources of the institution) reasonably be treated as a sufficient reason for dismissing him.

• (3) Where any such provision as is mentioned in subsection (1) above is included in the statutes of a qualifying institution (whether by virtue of section 204 of this Act or otherwise) and—

• (a) there is no requirement for any instrument which would have the effect of modifying the provision to be approved by Her Majesty in Council or to be laid before both Houses of Parliament; and

• (b) but for this subsection, there would be no requirement for such an instrument to be approved by the Privy Council;

the Commissioners shall exercise the powers conferred by that section with a view to securing that no instrument which would have the effect of modifying the provision shall have that effect unless it has been approved by the Privy Council.

• (4) Any reference in this section to academic staff includes a reference to persons whose terms of appointment or contracts of employment are, in the opinion of the Commissioners, so similar to those of academic staff as to justify their being treated as academic staff for the purposes of this section.

• (5) For the purposes of this section the dismissal of a member of staff shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to—

• (a) the fact that the institution has ceased, or intends to cease, to carry on the activity for the purposes of which he was appointed or employed by the institution, or has ceased, or intends to cease, to carry on that activity in the place in which he carried out his work; or

• (b) the fact that the requirements of that activity for members of staff to carry out work of a particular kind, or for members of staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

• (6) For the purposes of this section “good cause”, in relation to a member of the academic staff of a qualifying institution, means a reason which is related to his conduct or to his capability or qualifications for performing work of the kind which he was appointed or employed to do; and in this subsection—

• (a) “capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and

• (b) “qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by him.

• (7) In this section—

• “appropriate”, in relation to a body or officer of a qualifying institution, means appearing to the Commissioners to be appropriate having regard to the nature and circumstances of the institution;

• “dismiss” and “dismissal”—

• (a) include remove or, as the case may be, removal from office; and

• (b) in relation to employment under a contract, shall be construed in accordance with Part X of the Employment Rights Act 1996.

• (8) In this section and sections 204 to 206 of this Act “statutes”, in relation to an institution, includes any regulations, ordinances or other instruments which, in the opinion of the Commissioners, serve as statutes for the purposes of that institution and are designated as such by the Commissioners.

Powers of Commissioners.

204

• (1) For the purpose of performing the duty imposed on them by section 203 of this Act, the Commissioners may make such modifications of the statutes of any qualifying institution as they consider necessary or expedient.

• (2) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(a) of this Act shall not apply in relation to a person unless—

• (a) his appointment is made, or his contract of employment is entered into, on or after 20th November 1987; or

• (b) he is promoted on or after that date.