Further and Higher Education Act 1992

• (2) 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.

• (3) References in this section to anything done include anything done before the passing of this Act.

• (4) In this section “local authority” includes a non-metropolitan district council for an area for which there is a county council.

Finance and government of locally funded further and higher education

85

• (1) 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.

• (2) 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.

• (3) The authority may—

• (a) 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

• (b) 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.

Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies

86

Transfers of property, etc: supplementary provision

87

Schedule 7 to this Act has effect to supplement the provisions of this Act relating to the transfer of property, rights and liabilities.

Stamp duty

88

• (1) 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.

• (2) 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.

Orders, regulations and directions

89

• (1) Any power ...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

• (2) 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.

• (3) 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 —

• (a) in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;

• (b) in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.

• (3A) 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.

• (3B) An order falls within this subsection if—

• (a) 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

• (b) 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).

• (3C) 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.

• (4) 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.

• (5) 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.

• (6) 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—

• (a) 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

• (b) subsection (3C) were omitted.

Interpretation

90

• (1) In this Act—

• “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment,

• “the Education Acts” has the meaning given by section 578 of the Education Act 1996,

• “further education” has the meaning given by section 2(3) to (5) of that Act;

• “further education corporation in England” means a further education corporation established to conduct an institution in England;

• “further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;

• “governing body”, in relation to an institution, means, subject to subsection (2) below—in the case of an institution conducted by a further education corporation, a sixth form college corporation or a higher education corporation, the corporation,in the case of a university not falling within paragraph (a) above, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs,in the case of any other institution not falling within paragraph (a) or (b) above for which there is an instrument of government providing for the constitution of a governing body, the governing body so provided for, andin any other case, any board of governors of the institution or any persons responsible for the management of the institution, whether or not formally constituted as a governing body or board of governors,

• “higher education” has the same meaning as in the Education Reform Act 1988,

• “higher education corporation” means a body corporate established under section 121 or 122 of the Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section 122ZA or 122A of that Act,

• “interest in land” includes any easement, right or charge in, to or over land,

• “land” includes buildings and other structures, land covered with water and any interest in land,

• “liability” includes obligation, and

• “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).

• “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,

• ...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 a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is situated;in relation to a sixth form college, means the local authority in whose area the sixth form college, or its main site, is situated,

• “sixth form college corporation” means a body corporate—designated as a sixth form college corporation under section 33A or 33B, orestablished under section 33C,

• ...

• (2) 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—

• (a) a designated institution for the purposes of Part I or Part II of this Act, and

• (b) conducted by a company,

to be read as a reference to the governing body provided for in the instrument of government, or to the company or to both.

• (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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.

• (3A) In this Act references to a voluntary aided school are—

• (a) 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

• (b) in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.

• (4) 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.

• (5) 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..

Interpretation of Education Acts

91

• (1) This section applies for the interpretation of the Education Acts.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) References to institutions within the further education sector are to—

• (a) institutions conducted by further education corporations, and

• (b) designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), and

• (c) sixth form colleges,

and references to institutions outside the further education sector are to be read accordingly.

• (3A) References to sixth form colleges are to institutions conducted by sixth form college corporations.

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

• (5) References to institutions within the higher education sector are to—

• (za) 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,

• (a) universities receiving financial support under section 65 of this Act,

• (aa) universities that are regulated institutions,

• (b) institutions in Wales conducted by higher education corporations, and

• (c) designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act),

and references to institutions outside the higher education sector are to be read accordingly.

• (5ZA) For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).

• (5A) For the purposes of subsection (5)(aa), a regulated institution is an institution to which an approved plan, within the meaning given in section 7 of the Higher Education (Wales) Act 2015, relates.

• (6) References, in relation to a further education corporation or higher education corporation, to the institution—

• (a) 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

• (b) 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.

Index

92

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.

Amendments and repeals

93

• (1) Schedule 8 (which makes minor and consequential amendments) shall have effect.

• (2) The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column.

Short title, commencement, etc

94

• (1) This Act may be cited as the Further and Higher Education Act 1992.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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.

• (4) Subject to the following provisions of this section, this Act extends to England and Wales only.

• (5) Sections 63, 64 and 82 of this Act extend also to Scotland.

• (6) Section 80 extends also to Scotland and Northern Ireland.

• (7) 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.

SCHEDULE 1

Supplementary powers

1

• (1) 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—

• (a) acquiring and disposing of land and other property,

• (b) entering into contracts,

• (c) investing sums not immediately required for the purpose of the discharge of their functions, and

• (d) accepting gifts of money, land or other property.

• (2) The council shall not borrow money.

Chief officer

2

• (1) One of the members of the council shall be the chief officer.

• (2) 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.

• (3) 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.

• (4) 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) if that person is not already a member of the council, appoint him as a member for the same term as the term of his appointment as chief officer, or

• (b) if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Tenure of members of councils

3

• (1) 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.

• (2) 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.

4

If the Secretary of State is satisfied that a member of the council—

• (a) has been absent from meetings of the council for a period longer than six consecutive months without the permission of the council, or

• (b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

5

• (1) The council—

• (a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and

• (b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

• (2) 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.

• (3) 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.

• (4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

House of Commons disqualification

6

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there are inserted at the appropriate places—

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.

Staff

7

• (1) The council may appoint such employees as they think fit.

• (2) The council shall pay to their employees such remuneration and allowances as the council may determine.

• (3) The employees shall be appointed on such other terms and conditions as the council may determine.

• (4) A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.

• (5) Employment with the council shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” there is inserted—

• Further Education Funding Council for England.
• Further Education Funding Council for Wales.
• Higher Education Funding Council for England.
• Higher Education Funding Council for Wales.

• (6) 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.

• (7) 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).

Committees

8

• (1) The council may establish a committee for any purpose.

• (2) 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.

• (3) Such a committee may include persons who are not members of the council.

• (4) The council shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Further Education Funding Council for England: regional committees

9

• (1) 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—

• (a) for further education, or

• (b) for full-time education (other than further education) suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,

as the council may from time to time require.

• (2) 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.

• (3) Paragraphs 3 and 4 above apply to members of a committee established under this paragraph as they apply to members of a council.

Delegation of Functions

10

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.

Proceedings

11

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) 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

• (b) 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.

12

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.

13

Subject to the preceding provisions of this Schedule, the council may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

14

The application of the seal of the council shall be authenticated by the signature—

• (a) of the chairman or of some other person authorised either generally or specially by the council to act for that purpose, and

• (b) of one other member.

15

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.

Accounts

16

• (1) It shall be the duty of the council—

• (a) to keep proper accounts and proper records in relation to the accounts,

• (b) to prepare in respect of each financial year of the council a statement of accounts, and

• (c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

• (2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

• (a) the information to be contained in it,

• (b) the manner in which the information contained in it is to be presented, or

• (c) the methods and principles according to which the statement is to be prepared,

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.

• (3) 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.

• (4) 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.

Status of council

17

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.

SCHEDULE 2

The descriptions of courses of further education referred to in section 3(1) of this Act are the following—

SCHEDULE 3

Enrolment numbers

1

• (1) The enrolment number for any institution at any time is the aggregate of—

• (a) the number of full-time students enrolled at that institution at that time to follow courses of further or higher education, and

• (b) the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in the first three entries in column 1 of the table in paragraph 2 below.

• (2) The total enrolment number for any institution at any time is the aggregate of—

• (a) the number of full-time students enrolled at that institution at that time to follow courses of further or higher education, and

• (b) the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in column 1 of the table in paragraph 2 below.

• (3) 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.

• (4) 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.

Table for calculating enrolment numbers for sandwich courses, etc.

2

The following table applies for the purpose of determining the numbers mentioned in paragraph 1(1)(b) and (2)(b) above—

Interpretation of paragraphs 1 and 2

3

• (1) 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.

• (2) For the purposes of paragraph 2 above—

• (a) a student’s mode of attendance at a course of any description is by way of a sandwich course if—

• (i) in following that course, he engages in periods of full-time study for the purposes of the course alternating with periods of full-time work experience which form part of that course, and

• (ii) his average period of full-time study for the purposes of the course for each academic year included in the course is nineteen weeks or more,

• (b) a student’s mode of attendance at a course of any description is by way of block release if—

• (i) the course involves a period of full-time study interrupted by a period of industrial training or employment (whether or not it also includes study on one or two days a week during any other period), and

• (ii) his average period of full-time study for the purposes of the course for each academic year included in the course is less than nineteen weeks,

• (c) a student’s mode of attendance at a course of any description is by way of day release if—

• (i) he is in employment, and

• (ii) he is released by his employer to follow that course during any part of the working week, and

• (d) a student’s mode of attendance at a course of any description is by way of open or distance learning if—

• (i) he is provided for the purposes of the course with learning material for private study, and

• (ii) his written work for the purposes of the course is subject to a marking and comment service provided for students following the course by private study (whether or not any additional advisory or teaching services are also provided for such students as part of the course).

Amendment of paragraphs 1 to 3

4

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.

Exclusion of non-EEC students

5

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.

SCHEDULE 4

1

This Schedule applies in relation to—

• (a) a further education corporation,

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

• (c) a sixth form college corporation.

2

In this Schedule—

• “the body” means—in the case of a further education corporation or a sixth form college corporation, the corporation, andin the case of the governing body of a designated institution, the governing body;

• “the institution” means—in the case of a further education corporation, the institution which the corporation are established to conduct;in the case of the governing body of a designated institution, the institution;in the case of a sixth form college corporation, the relevant sixth form college;

• “instrument” means an instrument of government or articles of government.

3

• (1) An instrument must provide for—

• (a) the number of members of the body,

• (b) the eligibility of persons for membership,

• (c) the members to include—

• (i) staff and students at the institution, and

• (ii) in the case of a sixth form college corporation, parents of students at the institution aged under 19, and

• (d) the appointment of members, if the institution is in England, or the appointment or election of members, if the institution is in Wales.

• (2) In the case of an institution in Wales the provision made by an instrument must include provision—

• (a) for the members of the body to include—

• (i) the chief executive,

• (ii) at least two other members of staff at the institution,

• (iii) at least two students at the institution, and

• (iv) one or more representatives of local employers or businesses,

• (b) for at least one of the members who are members of staff to be a member of the teaching staff, and at least one to be a member of the non-teaching staff, elected at an election open to all members of staff from those nominated by any member of staff, and

• (c) for the members who are students to be elected at an election open to all the students at the institution from those nominated by any student or (if the body so determines) to be elected at an election open to all the members of an association which represents students at the institution, and is recognised by the body, from those nominated by any member of the association.

4

• (1) An instrument must make provision about the procedures of the body and the institution.

• (2) In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities.

5

• (1) An instrument must make provision for there to be—

• (a) a chief executive of the institution, and

• (b) a clerk to the body.

• (2) An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk.

• (3) The responsibilities of the body must include—

• (a) in the case of a sixth form college corporation to which section 33J applies, the preservation and development of the educational character and mission of the institution and the oversight of its activities;

• (b) in the case of any other sixth form college corporation, a further education corporation or a governing body, the determination and periodic review of the educational character and mission of the institution and the oversight of its activities;

• (c) in any case, the effective and efficient use of resources, the solvency of the institution and the body and the safeguarding of their assets.

6

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).

7

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.

8

An instrument must permit the body to change their name with the approval of—

• (a) in the case of an institution in England, the Secretary of State;

• (b) in the case of an institution in Wales, the Welsh Ministers.

9

An instrument must specify how the body may modify or replace the instrument of government and articles of government.

10

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.

11

An instrument must provide for—

• (a) a copy of the instrument to be given free of charge to every member of the body,

• (b) 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

• (c) 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.

12

An instrument must provide for the authentication of the application of the seal of the body.

SCHEDULE 5

Division and apportionment of property et ceteralaetc.

1

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

Identification of property, rights and liabilities

2

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

3

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

4

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

5

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

Documents of title

6

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

Third parties affected by vesting provisions

7

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

Delivery of documents to transferee

8

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

SCHEDULE 6

SCHEDULE 7

Proof of title by certificate

1

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.

Construction of agreements

2

• (1) 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—

• (a) the transferee had been a party to the agreement,

• (b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee,

• (c) any reference (whether express or implied and, if express, however worded) to a specified officer of the transferor or a person employed by the transferor in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to an officer or employee of the transferee who corresponds as closely as possible to the person referred to in the agreement,

• (d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part,

and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

• (2) 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.

3

• (1) 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.

• (2) 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.

4

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.

SCHEDULE 8

Part I — Amendments of the Education Acts

The Education Act 1944 (c. 31)

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

The Education Act 1946 (c. 50)

14

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

The Education (Miscellaneous Provisions) Act 1948 (c. 40)

15

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

16

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

The Education Act 1980 (c. 20)

17

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

The Education Act 1981 (c. 60)

18

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

The Education (Fees and Awards) Act 1983 (c. 40)

19

In section 1(3) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—

• (a) for paragraph (b) there is substituted—

• (b) after paragraph (c) there is inserted—

The Further Education Act 1985 (c. 47)

20

At the end of section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) there is added—

(4) In this Act “institution” does not include a school.

21

• (1) In section 2(2) of that Act (power of LEAs to lend money for those purposes) for paragraphs (a) to (d) there is substituted—

(a) to a higher education corporation or further education corporation (within the meaning of the Further and Higher Education Act 1992); (b) in the case of the following institutions— (i) an institution within the higher education sector which is not conducted by a higher education corporation; (ii) an institution within the further education sector which is not conducted by a further education corporation; or (iii) an institution which provides higher education or further education and is assisted by a local authority , to the governing body of the institution or, if it is conducted by a company, to the company; or (c) to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below

.

• (2) In subsection (8) of that section for “(2)(d)” there is substituted “ (2)(c) ”.

The Education (No. 2) Act 1986 (c. 61)

22

In section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc.)—

• (a) in subsection (5)—

• (i) for paragraph (aa) there is substituted-

• “ (aa) any institution other than a university within the higher education sector ”,after paragraph (b) there is inserted—

• “ (ba) any institution within the further education sector ”, andparagraph (c) is omitted, and

• (b) in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.

23

In section 49(3) of that Act (appraisal of performance of teachers)—

• (a) paragraphs (d) and (da) are omitted,

• (b) after paragraph (da) there is inserted-

• (c) in paragraph (e) for “(da)” there is substituted “ (db) ”.

24

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

25

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

26

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

The Education Reform Act 1988 (c. 40)

27

The Education Reform Act 1988 is amended as follows.

28

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

29

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

30

In section 120 (functions of local authorities with respect to higher and further education)—

• (a) subsection (2) is omitted,

• (b) in subsection (3)(b) for “living outside their area” there is substituted “ from other areas ”,

• (c) in subsection (4)—

• (i) for “universities, institutions within the PCFC funding sector” there is substituted “ institutions within the higher education sector ”, and

• (ii) after “sector” there is inserted “ or the further education sector ”, and

• (d) subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.

31

In section 122 (orders incorporating higher education institutions maintained by local authorities) subsections (2) to (5) are omitted.

32

In section 123 (provisions supplementary to sections 121 and 122)—

• (a) 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

• (b) for subsection (3) there is substituted—

(3) Schedule 7 to this Act has effect with respect to each higher education corporation established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect. (4) A higher education corporation established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.

33

In section 124 (powers of a higher education corporation)—

• (a) 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

• (b) subsection (4) is omitted.

34

In section 128 (dissolution of higher education corporations)—

• (a) in subsection (1)(b)—

• (i) for sub-paragraphs (iii) and (iv) there is substituted—

(iii) a higher education funding council

, and

• (ii) after those sub-paragraphs there is inserted—

(v) a further education funding council

,

• (b) for subsection (4)(b) there is substituted—

• (c) after subsection (5) there is added—

(6) An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.

35

Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.

36

In section 135 (inspection of accounts)—

• (a) for subsection (1)(c) there is substituted—

• (b) 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. ”

37

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

38

In section 137(2) (control of disposals of land) “or 129(3)” is omitted.

39

In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by local authority)—

• (a) in subsection (4)—

• (i) the words “or assisted” in both places are omitted,

• (ii) after “becomes” there is inserted “ an institution within the further education sector ”, and

• (iii) for “the PCFC funding sector” there is substituted “ the higher education sector ”,

• (b) subsection (5)(b) is omitted, and

• (c) in subsection (6)—

• (i) at the beginning of paragraph (b) there is inserted “ an institution within the further education sector or ”, and

• (ii) in that paragraph for “the PCFC funding sector” there is substituted “ the higher education sector ”.

40

In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.

41

Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.

42

In section 161 (interpretation of Part II) subsection (1)(c) is omitted.

43

In section 197 (Education Assets Board)—

• (a) in subsection (4) after “this Act” there is inserted “ and section 36 of and Schedule 5 to the Further and Higher Education Act 1992 ”,

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

• (c) after subsection (7) there is inserted—

(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 1944 to 1992.

44

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 ”.

45

In section 205 (procedure for exercise of University Commissioners’ powers)—

• (a) for subsection (2)(d) there is substituted—

• (b) subsection (6) is omitted.

46

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

47

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

48

In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there is inserted “ by or under ”.

49

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

50

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

51

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

52

In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.

53

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

54

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

55

In section 230 (stamp duty)—

• (a) in subsection (1) “section 136(2)” is omitted, and

• (b) in subsection (3)—

• (i) for paragraph (b) there is substituted—

• “ (b) an institution within the higher education sector ”,paragraph (c)(ii) is omitted, andafter paragraph (c) there is inserted—

• “ (ca) an institution within the further education sector ”.

56

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

57

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

58

In section 235 (general interpretation) subsection (2)(a) and (h) are omitted.

59

In Schedule 7 (Higher Education Corporations)—

• (a) for paragraph 1(4) there is substituted—

(4) A corporation may change their name with the consent of the Privy Council.

,

• (b) in paragraph 18—

• (i) in sub-paragraph (2)(b) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”, and

• (ii) for sub-paragraph (5) there is substituted—

(5) No person shall be qualified to be appointed auditor under that sub-paragraph except— (a) an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989; (b) a member of the Chartered Institute of Public Finance and Accountancy; or (c) a firm each of the members of which is a member of that institute.

, and

• (c) paragraph 19 is omitted.

60

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.

61

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

62

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

63

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

64

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

65

In paragraph 4 of that Schedule at the beginning there is inserted—

(1) 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. (2)

.

66

In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.

The Education (Student Loans) Act 1990 (c. 6)

67

In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—

• (a) for “131 or 132 of the Education Reform Act 1988” there is substituted “ 65 of the Further and Higher Education Act 1992 ”, and

• (b) 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 ”.

Part II — Amendments of other Acts

The Public Records Act 1958 (c. 51)

68

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there is inserted in the appropriate place—

• 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 Charities Act 1960 (c. 58)

69

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

The Veterinary Surgeons Act 1966 (c. 36)

70

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—

(iA) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992

.

The Local Authorities (Goods and Services) Act 1970 (c. 39)

71

• (1) 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.

• (2) 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).

• (3) 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.

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

72

In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)—

• (a) for paragraph (aa) there is substituted—

• (b) after paragraph (b) there is inserted—

The Superannuation Act 1972 (c. 11)

73

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.

The House of Commons Disqualification Act 1975 (c. 24)

74

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.

The Sex Discrimination Act 1975 (c. 65)

75

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

76

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

77

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

78

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

79

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

80

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

81

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

82

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

83

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

The Race Relations Act 1976 (c. 74)

84

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

85

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

86

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

87

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

88

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

The Employment Protection (Consolidation) Act 1978 (c. 44)

89

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

The Public Passenger Vehicles Act 1981 (c. 14)

90

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

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

91

• (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows.

• (2) for subsections (3) and (4) there is substituted—

(3) In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”. (3A) The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state— (a) his name and address; and (b) whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received; and shall be given not earlier than twelve months, nor later than eight months, before that date. (3B) Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is— (a) full-time education at a school; or (b) full-time further or higher education at an institution other than a school; it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer. (3C) That notification shall state— (a) his name and address; and (b) the leaving date; and shall be given not earlier than twelve months, nor later than eight months, before the leaving date. (4) If at any time it appears to the responsible authority— (a) that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and (b) that no notification has been given under subsection (3B), but (c) that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him, that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.

• (3) In subsection (5)—

• (a) for “any person under subsection (3)” there is substituted “ a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and

• (b) for “notification under subsection (3)” there is substituted “ notification under subsection (3A) or (3B) ”.

• (4) In subsection (6)—

• (a) for “(3)” in both places there is substituted “ (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and

• (b) for the words from “a local education authority” to “establishment of further or higher education” there is substituted “ the responsible authority that the person will be receiving relevant full-time education ”.

• (5) In subsection (9) (interpretation)—

• (a) in the definition of “child” after “school or” there is inserted “ as a student at ”,

• (b) in the definition of “the responsible authority” for paragraph (b) there is substituted—

(b) in relation to a person receiving full-time further education or higher education at an institution within the further education sector or the higher education sector, means the governing body of the institution; and (c) in relation to a person for whom a further education funding council has secured full-time further education at an institution (other than a school) outside the further education sector or the higher education sector, the council

,

• (c) after “the Education Act 1944” there is inserted “ or the Further and Higher Education Act 1992 ”, and

• (d) for “that Act” there is substituted “ those Acts ”.

92

For section 6(1) of that Act (review of expected leaving dates from full-time education of disabled persons) there is substituted—

(6) (1) The responsible authority shall for the purposes of section 5 above keep under review the date when any disabled student is expected to cease to receive relevant full-time education.

The Employment Act 1989 (c. 38)

93

In section 5(6) of the Employment Act 1989 (exemption for discrimination in connection with certain educational appointments)—

• (a) after paragraph (b) there is inserted—

• (b) for paragraph (c) there is substituted—

The Town and Country Planning Act 1990 (c. 8)

94

In section 76(1) of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled)—

• (a) 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

• (b) after paragraph (e) there is inserted—

The Environmental Protection Act 1990 (c. 43)

95

In section 98(2) of the Environmental Protection Act 1990 (definitions)—

• (a) paragraph (a) is omitted,

• (b) for paragraph (d) there is substituted—

• (c) after paragraph (d) there is inserted—

SCHEDULE 9

Initial incorporation of existing institutions.

22A

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).

Transfer of property, etc.: institutions maintained by local authorities

Transfer of staff to further education corporations.

52A

• (1) This section applies where secondary education is provided to persons of compulsory school age—

• (a) by a further education corporation by virtue of section 18(1)(aa) or (ab) of this Act,

• (aa) by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act, or

• (b) by a designated institution in pursuance of arrangements made—

• (i) by a local authority, or

• (ii) by the governing body of a school on behalf of such an authority.

• (2) 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.

Instrument and articles of new sixth form college corporations

60A

61A

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

Dissolution of existing councils.

Further power of designation.

85A

• (1) 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.

• (2) This section applies to premises, including playing fields and other premises for outdoor recreation, of—

• (a) any institution (other than a school) which is maintained by a local authority and provides further education or higher education (or both), ...

• (b) any institution within the further education sector, and

• (c) any 16 to 19 Academy.

• (3) If—

• (a) a police constable, or

• (b) a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

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.

• (4) In subsection (3) “the appropriate authority” means—

• (a) in relation to premises of an institution such as is mentioned in subsection (2)(a), a local authority, ...

• (b) in relation to premises of an institution within the further education sector, the governing body, and

• (c) in relation to premises of a 16 to 19 Academy, the proprietor.

• (5) No proceedings under this section shall be brought by any person other than—

• (a) a police constable, or

• (b) an authorised person.

• (6) In subsection (5) “authorised person” means—

• (a) in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a local authority, ...

• (b) 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

• (c) 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.

Administration of funds: supplementary.

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

The descriptions of courses of further education referred to in section 3(1) of this Act are the following—

1A

Provision made by an instrument under this Schedule in relation to the appointment of members of a further education corporation shall take into account the members who may be appointed by—

• (a) the Chief Executive of Skills Funding under section 56AA, or

• (b) the National Assembly for Wales under section 39 of the Learning and Skills Act 2000.

SCHEDULE 5A

Interpretation

1

In this Schedule—

• “the participating bodies”, in relation to an arrangement, means—the parties to the arrangement,the Further Education Funding Council for Wales, andeach governing body of a school which has consented to the arrangement; and

• “the parties”, in relation to an arrangement, means—each local education authority, andeach governing body of an institution (or institutions) within the further education sector,which is a party to the arrangement.

Approval by the Secretary of State

2

• (1) 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.

• (2) An application shall be in such form and contain such information as may be prescribed by regulations.

• (3) 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.

Termination of arrangement etc

3

• (1) 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.

• (2) The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies.

• (3) The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.

Variation of arrangement

4

• (1) The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except—

• (a) with the consent of the other participating bodies, and

• (b) if the change amounts to a significant change to the arrangement, with the consent of the Secretary of State.

• (2) 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.

Interpretation of existing enactments

5

• (1) Regulations may provide—

• (a) for any reference in an enactment to secondary education to be construed as including further education provided under a partnership arrangement to which section 60A of this Act applies, and

• (b) for any enactment containing such a reference to apply in relation to such further education with such modifications (if any) as may be specified in the regulations.

• (2) In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Editorial notes

[^c11061541]: This Act extends to England and Wales only with the exception of certain provisions see s. 94(5)-(7). The amending provisions of this Act are co-extensive with the enactments so amended see s. 94(7)

[^c11061551]: Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

[^c11061561]: Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

[^c11061571]: Act modified (1.4.1993) by S.I. 1993/563, art.2, Sch. 1, Sch. 2.

[^c11061581]: Act excluded (16.7.1998) by 1998 c. 30, ss. 26(11), 46(3) (with s. 42(8))

[^c11061591]: Certain powers transferred as specified (1.7.1999) by S.I. 1999/672, art. 2, Sch.1.

[^c11061621]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061661]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061681]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061701]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061911]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061931]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11061961]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11062001]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11062041]: Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

[^c11062071]: S. 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

[^c11062101]: S. 11 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)