Further and Higher Education Act 1992

• (1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) , (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

• (2) Subsection (3) applies where a person—

• (a) seizes, retains or disposes of an item within subsection (2A) under section 85AC; and

• (b) proves that the seizure, retention or disposal was lawful.

• (2A) The items referred to in subsection (2)(a) are—

• (a) alcohol or its container;

• (b) a controlled drug;

• (c) a stolen article;

• (d) an article that is a prohibited item by virtue of section 85AA(3)(ea).

• (2B) Subsection (3) also applies where a person—

• (a) erases data or a file from an electronic device under section 85AC(6D); and

• (b) proves that the erasure was lawful.

• (3) That person is not liable in any proceedings in respect of—

• (a) the seizure, retention , disposal or erasure ; or

• (b) any damage or loss which arises in consequence of it.

• (4) Subsections (2) , (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

• (5) Regulations under section 85AC(7) may make provision corresponding to any provision of this section.

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

Effect of agreements made before date of transfer.

16A

• (1) The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.

• (2) A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.

• (3) In this section “the appropriate authority” means—

• (a) in relation to a proposal or order in respect of an institution in England, the Secretary of State;

• (b) in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.

22ZA

• (1) Subject to subsections (2) and (3), the Welsh Ministers may—

• (a) if a further education corporation in Wales submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in the terms of the draft or in such terms as they think fit, and

• (b) if such a corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in the terms of the draft or in such terms as they think fit.

• (2) The Welsh Ministers must not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in the terms of the draft, unless they have consulted the corporation.

• (3) If the institution conducted by a further education corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding, the Welsh Ministers must consult the Chief Executive of Skills Funding before making an order under subsection (1).

• (4) The Welsh Ministers may by order modify, replace or revoke any instrument of government or articles of government of any further education corporation in Wales.

• (5) An order under subsection (4) may relate to all further education corporations in Wales, to any category of such corporations specified in the order or to any such corporation so specified.

• (6) Before making an order under subsection (4), the Welsh Ministers must consult—

• (a) the further education corporation or (as the case may be) each further education corporation to which the order relates, and

• (b) the Chief Executive of Skills Funding, if the institution conducted by the corporation or (as the case may be) any corporation to which the order relates mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding.

• (7) A further education corporation in Wales may, with the consent of the Welsh Ministers—

• (a) make new articles of government in place of their existing articles, or

• (b) modify their existing articles.

• (8) The Welsh Ministers may by a direction under this section require further education corporations in Wales, any class of such corporations specified in the direction or any particular further education corporation so specified—

• (a) to modify, replace or revoke their articles of government, or

• (b) to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked,

in any manner so specified.

• (9) Before giving a direction under this section, the Welsh Ministers must consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.

27A

• (1) This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.

• (2) “The dissolution date” means the date specified in a resolution under subsection (1).

• (3) The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.

• (4) The corporation are dissolved on the dissolution date.

• (5) In this section, “the appropriate authority” has the meaning given in section 27.

• (6) See also section 27C (restrictions on dissolution in insolvency situations).

27B

• (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.

• (2) The corporation may do so only with the consent of the person or body concerned.

• (3) A transfer under subsection (1) has effect on the dissolution date.

• (4) Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

• (5) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

• (6) In this section, “the appropriate authority” has the meaning given in section 27.

27C

• (1) A further education corporation have no power under section 27A to resolve that the corporation should be dissolved if—

• (a) the corporation is in education administration under Chapter 4 of Part 2 of the Technical and Further Education Act 2017,

• (b) a voluntary arrangement in relation to the corporation has been proposed under Part 1 of the Insolvency Act 1986 and the matter has not been finally concluded,

• (c) the corporation is in administration under Part 2 of the Insolvency Act 1986,

• (d) paragraph 44 of Schedule B1 to the Insolvency Act 1986 applies (interim moratorium on proceedings where application to the court for an administration order has been made), or

• (e) the corporation is being wound up, whether voluntarily or by the court, under Part 4 of the Insolvency Act 1986 or a petition under that Part for winding up of the corporation by the court has been presented and not finally dealt with or withdrawn.

• (2) For the purposes of subsection (1)(b), the matter is finally concluded if—

• (a) no meetings are to be summoned under section 3 of the Insolvency Act 1986,

• (b) meetings summoned under that section fail to approve the arrangement with no, or the same, modifications,

• (c) an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act, has been fully implemented, or

• (d) the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the corporation has done whatever it is required to do under those directions.

• (3) In this section—

• (a) a reference to paragraph 44 of Schedule B1 to the Insolvency Act 1986 is to that paragraph as it applies to a further education corporation by virtue of—

• (i) section 6 of the Technical and Further Education Act 2017 (application of normal insolvency procedures), or

• (ii) Schedule 3 to the Technical and Further Education Act 2017 (special education administration);

• (b) any other reference to a provision of the Insolvency Act 1986 is to that provision as it applies to a further education corporation by virtue of section 6 of the Technical and Further Education Act 2017.

29A

• (1) The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3)....

• (2) The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect.

• (3) The instrument must meet one of the following requirements—

• (a) the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority;

• (b) the instrument—

• (i) is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and

• (ii) (in either case) is approved for the purposes of this section by the appropriate authority;

• (c) the instrument is made by the appropriate authority by order.

• (4) An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument.

• (5) Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult—

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

• (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.

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

• (7) In this section “the appropriate authority”—

• (a) in relation to an institution in England, means the Secretary of State;

• (b) in relation to an institution in Wales, means the Welsh Ministers.

29B

• (1) This section applies to a designated institution to which section 29 applies.

• (2) The governing body of the institution may modify or replace its instrument of government and articles of government.

• (3) If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution.

• (4) The instrument of government and articles of government (as modified or replaced)—

• (a) must comply with the requirements of Schedule 4, and

• (b) subject to that, may make such other provision as may be necessary or desirable.

29C

• (1) This section applies to a designated institution in Wales which is an institution to which section 29 applies.

• (2) Subject to subsection (3), the governing body of the institution may modify, replace or revoke its instrument of government and articles of government if —

• (a) the instrument falls within section 29A(3)(a),

• (b) the instrument was made by the governing body, or

• (c) the instrument was made in pursuance of a power under a regulatory instrument, where there is no other power to modify it.

• (3) An instrument approved under section 29A(3)(a) or (b) by the Welsh Ministers may not be modified, replaced or revoked without the consent of the Welsh Ministers.

• (4) The Welsh Ministers may by order modify, replace or revoke the instrument of government or articles of government of the institution.

• (5) Before making an order under subsection (4), the Welsh Ministers must, so far as it appears practicable to do so, consult—

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

• (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.

Inspection of accounts.

Appointment by local authorities of members of sixth form college governing body

33O

• (1) This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date.

• (2) “The dissolution date” means the date specified in a resolution under subsection (1).

• (3) The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable.

• (4) The corporation are dissolved on the dissolution date.

• (5) See also section 33Q (restrictions on dissolution in insolvency situations).

33P

• (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4).

• (2) The corporation may do so only with the consent of the person or body concerned.

• (3) A transfer under subsection (1) has effect on the dissolution date.

• (4) In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college.

• (5) Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

• (6) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

• (7) Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).

Intervention policy: Wales

Power of members of staff to search students for prohibited items: England

Grants to the HEFCW.

Grants to the HEFCW.

Further power of designation.

Power of members of staff to search students for prohibited items: England

Power of search under section 85AA: supplementary

Section 85AC: supplementary

Efficiency studies.

Part 1 — General

Part 2 — England

Part 3 — Wales

13

This Part applies in relation to further education corporations in Wales.

14

Provision made by an instrument in relation to the appointment of members of the corporation must take into account the members who may be appointed by the Welsh Ministers under section 39 of the Learning and Skills Act 2000.

15

• (1) An instrument must provide for—

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

• (b) the eligibility of persons for membership, and

• (c) the appointment of members.

• (2) An instrument may provide for the nomination of any person for membership by another, including by a body nominated by the Welsh Ministers.

16

An instrument must provide for one or more officers to be chosen from among the members.

17

An instrument may—

• (a) provide for the corporation to establish committees, and

• (b) permit such committees to include persons who are not members of the corporation.

18

An instrument may provide for the delegation of functions of the corporation to—

• (a) officers or committees, or

• (b) the principal of the institution.

19

An instrument may provide for the corporation to pay allowances to its members.

20

An instrument must provide for the authentication of the seal of the corporation.

21

An instrument must require the corporation to—

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

• (b) prepare in respect of each financial year of the corporation a statement of accounts.

22

An instrument must—

• (a) provide for the appointment of a principal of the institution, and

• (b) determine which functions exercisable in relation to the institution are to be exercised by the corporation, its officers or committees and which by the principal of the institution.

23

An instrument must make provision about the procedures of the corporation and the institution.

24

An instrument must provide—

• (a) for the appointment, promotion, suspension and dismissal of staff, and

• (b) for the admission, suspension and expulsion of students.

25

An instrument may make provision authorising the corporation to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws about the conduct of students, staff or both.

27

• (1) This section applies if a further education corporation propose that the corporation should be dissolved.

• (2) The corporation must publish—

• (a) details of the proposal, and

• (b) such other information as may be prescribed by regulations made by the appropriate authority.

• (3) The publication is to be in accordance with regulations made by the appropriate authority.

• (4) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.

• (5) In this section, “the appropriate authority” means—

• (a) in relation to a further education corporation in England, the Secretary of State, and

• (b) in relation to a further education corporation in Wales, the Welsh Ministers.

27A

• (1) This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date.

• (2) “The dissolution date” means the date specified in a resolution under subsection (1).

• (3) The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.

• (4) The corporation are dissolved on the dissolution date.

• (5) In this section, “the appropriate authority” has the meaning given in section 27.

27B

• (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority.

• (2) The corporation may do so only with the consent of the person or body concerned.

• (3) A transfer under subsection (1) has effect on the dissolution date.

• (4) Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes.

• (5) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

• (6) In this section, “the appropriate authority” has the meaning given in section 27.

Effect of agreements made before date of transfer.

49B

• (1) The Secretary of State may provide destination information to the governing body of an institution in England within the further education sector.

• (2) The Commission for Tertiary Education and Research may provide destination information to the governing body of an institution in Wales within the further education sector.

• (3) In this section “destination information”, in relation to an institution, means information which—

• (a) relates to a former student of the institution, and

• (b) includes information as to prescribed activities of the former student after leaving the institution.

• (4) Regulations under subsection (3)(b) which prescribe activities as to which the Commission for Tertiary Education and Research may provide information are to be made by the Welsh Ministers.

• (5) Subject to subsection (6)(a), information received under this section is not to be published in any form which identifies the individual to whom it relates.

• (6) This section—

• (a) does not affect any power to provide or publish information which exists apart from this section, and

• (b) is subject to any express restriction on the provision of information imposed by another enactment.

Dissolution of existing councils.

Power to search further education students for weapons : Wales

Interpretation.

Index.

Power to search further education students for weapons : Wales

Interpretation.

Interpretation of Education Acts.

Index.

33Q

• (1) A sixth form college corporation have no power under section 33O to resolve that the corporation should be dissolved if—

• (a) the corporation is in education administration under Chapter 4 of Part 2 of the Technical and Further Education Act 2017,

• (b) a voluntary arrangement in relation to the corporation has been proposed under Part 1 of the Insolvency Act 1986 and the matter has not been finally concluded,

• (c) the corporation is in administration under Part 2 of the Insolvency Act 1986,

• (d) paragraph 44 of Schedule B1 to the Insolvency Act 1986 applies (interim moratorium on proceedings where application to the court for an administration order has been made), or

• (e) the corporation is being wound up, whether voluntarily or by the court, under Part 4 of the Insolvency Act 1986 or a petition under that Part for winding up of the corporation by the court has been presented and not finally dealt with or withdrawn.

• (2) For the purposes of subsection (1)(b), the matter is finally concluded if—

• (a) no meetings are to be summoned under section 3 of the Insolvency Act 1986,

• (b) meetings summoned under that section fail to approve the arrangement with no, or the same, modifications,

• (c) an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act, has been fully implemented, or

• (d) the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the corporation has done whatever it is required to do under those directions.

• (3) In this section—

• (a) a reference to paragraph 44 of Schedule B1 to the Insolvency Act 1986 is to that paragraph as it applies to a sixth form college corporation by virtue of—

• (i) section 6 of the Technical and Further Education Act 2017 (application of normal insolvency procedures), or

• (ii) Schedule 3 to the Technical and Further Education Act 2017 (special education administration);

• (b) any other reference to a provision of the Insolvency Act 1986 is to that provision as it applies to a sixth form college corporation by virtue of section 6 of the Technical and Further Education Act 2017.

Short title, commencement, etc.

52B

• (1) The governing body of an institution in England within the further education sector must—

• (a) from time to time review how well the education or training provided by the institution meets local needs, and

• (b) in light of that review, consider what action the institution might take (alone or in conjunction with action taken by one or more other educational institutions) in order to meet those needs better.

• (2) In carrying out its review, the governing body must have regard to any guidance published under this section by the Secretary of State.

• (3) The governing body must publish its review on the institution’s website.

Amendments and repeals.