Further and Higher Education Act 1992

88A

• (1) A land transaction effected under or by virtue of section ... 27B, 27C, ... 33P or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.

• (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.

• (3) In this section—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.

85C

• (1) A member of the staff of an institution which is within the further education sector or is a 16 to 19 Academy may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

• (a) committing any offence,

• (b) causing personal injury to, or damage to the property of, any person (including the student himself), or

• (c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

• (2) The power conferred by subsection (1) may be exercised only where—

• (a) the member of the staff and the student are on the premises of the institution, or

• (b) they are elsewhere and the member of the staff has lawful control or charge of the student.

• (3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

• (4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

• (5) In this section, “member of the staff”, in relation to an institution within the further education sector or a 16 to 19 Academy, means any person who works at that institution whether or not as its employee.

85B

• (1) A member of staff of an institution within the further education sector in Wales who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—

• (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or

• (b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that student or his possessions for such articles and weapons.

• (2) A search under this section may be carried out only where—

• (a) the member of staff and the student are on the premises of the institution; or

• (b) they are elsewhere and the member of staff has lawful control or charge of the student.

• (3) A person may carry out a search under this section only if—

• (a) he is the principal of the institution; or

• (b) he has been authorised by the principal to carry out the search.

• (4) A person who carries out a search of a student under this section—

• (a) may not require the student to remove any clothing other than outer clothing;

• (b) must be of the same sex as the student; and

• (c) may carry out the search only in the presence of another member of staff who is also of the same sex as the student.

• (5) A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.

• (6) If, in the course of a search under this section, the person carrying out the search finds—

• (a) anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

• (b) any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

• (7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

• (8) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.

• (9) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

• (10) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

• (11) In this section—

• ‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;

• ‘outer clothing’ means—any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; ora hat, shoes, boots, gloves or a scarf;

• ‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.

• (12) The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.

49A

• (1) In exercising their functions the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers about consultation with—

• (a) persons who are or are likely to become students of the institution, or

• (b) employers,

in connection with the taking of decisions affecting them.

• (2) Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.

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

56A

• (1) This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—

• (a) an institution in England within the further education sector, other than a sixth form college, or

• (b) an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,

and, in either case, it is immaterial whether or not a complaint is made by any person.

• (2) The matters are—

• (a) that the institution's affairs have been or are being mismanaged by the institution's governing body;

• (b) that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

• (c) that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

• (d) that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.

• (e) that the education or training provided by the institution did not, or does not, adequately meet local needs.

• (2A) For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the institution when the education or training was provided.

• (2B) An approved local skills improvement plan applies to an institution if the institution provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.

• (2C) Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.

• (3) If this section applies the Secretary of State may do one or more of the things listed in subsection (6).

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

• (5) At the same time as doing one or more of those things the Secretary of State must give the institution's governing body a notice stating—

• (a) the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;

• (b) the reasons why the Secretary of State is so satisfied;

• (c) the reasons why the Secretary of State has decided to do that thing or those things.

• (6) The Secretary of State may—

• (a) remove all or any of the members of the institution's governing body;

• (b) appoint new members of that body if there are vacancies (however arising);

• (c) give to that body such directions as the Secretary of State thinks expedient as to the exercise of their powers and performance of their duties.

• (7) The directions that may be given to a governing body under this section include —

• (a) a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

• (b) a direction requiring a governing body to make a resolution under section 27A(1) , or take such other steps specified in the direction as may be required, for the body to be dissolved on a date specified in the direction.

• (c) a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.

• (7A) A governing body to which a direction is given requiring the body to make a resolution under section 27A(1)—

• (a) is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction, and

• (b) must, unless the Secretary of State directs otherwise, exercise its powers under section 27B to transfer property, rights or liabilities on the dissolution date.

• (7B) A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.

• (8) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

• (9) The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.

• (9A) Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.

• (9B) Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.