Legalize / United Kingdom / Public General Act

Technical and Further Education Act 2017

Type Public General Act

Publication 2017-04-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Technical education

The Institute for Apprenticeships and Technical Education

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(1) The Institute for Apprenticeships is renamed the Institute for Apprenticeships and Technical Education (referred to in this Act as “the Institute”).

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

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

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

(5) Schedule 1—

(a) confers functions on the Institute in relation to technical education qualifications,

(b) makes provision about the sharing of information,

(c) makes provision about the charging of fees by the Institute in connection with evaluations of the quality of apprenticeship assessments, and

(d) makes transitional provision.

Information about technical education: access to English schools

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(1) The Education Act 1997 is amended as follows.

(2) After section 42A insert—

(42B) (1) The proprietor of a school in England within subsection (2) must ensure that there is an opportunity for a range of education and training providers to access registered pupils during the relevant phase of their education for the purpose of informing them about approved technical education qualifications or apprenticeships. (2) A school is within this subsection if it provides secondary education and is one of the following— (a) an Academy; (b) an alternative provision Academy; (c) a community, foundation or voluntary school; (d) a community or foundation special school (other than one established in a hospital); (e) a pupil referral unit. (3) The proprietor of a school in England within subsection (2) must prepare a policy statement setting out the circumstances in which education and training providers will be given access to registered pupils for the purpose of informing them about approved technical education qualifications or apprenticeships. (4) The proprietor must ensure that the policy statement is followed. (5) The policy statement must include— (a) any procedural requirements in relation to requests for access; (b) grounds for granting and refusing requests for access; (c) details of premises or facilities to be provided to a person who is given access. (6) The proprietor may revise the policy statement from time to time. (7) The proprietor must publish the policy statement and any revised statement. (8) The Secretary of State may by regulations make provision supplementing subsection (1), for example provision about who is to be given access to pupils, to which pupils they are to be given access and how and when. (9) For the purposes of this section the relevant phase of a pupil's education is the period— (a) beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 13, and (b) ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 18. (10) In this section “approved technical education qualification” means a qualification approved under section A2DA of the Apprenticeships, Skills, Children and Learning Act 2009.

(3) In section 42A (provision of careers guidance in schools in England), in subsection (7), omit the definition of “apprenticeship” (which has become outdated).

(4) In section 45A (guidance as to discharge of duties: schools in England), in subsection (2), for “42A(1) or (4)” substitute “ section 42A(1) or (4) or 42B ”.

(5) In section 46 (extension or modification of provisions of sections 43 to 45), in subsection (1)—

(a) after “42A,” insert “ 42B, ”;

(b) after “42A(6),” insert “ 42B(9) ”.

Part 2 — Further education bodies: insolvency etc

CHAPTER 1 — Introduction

Overview

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This Part is mainly about the insolvency of further education bodies—

(a) Chapter 2 ensures that normal insolvency procedures apply to further education bodies that are statutory corporations;

(b) Chapter 3 restricts the use of normal insolvency procedures;

(d) Chapter 5 is about the treatment of trust property held by certain bodies;

(e) Chapter 6 imposes restrictions on existing procedures for dissolution;

(f) Chapter 7 confers power to make provision about the disqualification of members of further education bodies.

“Further education body”

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(1) In this Part “further education body” means—

(a) a further education body in England, or

(b) a further education body in Wales.

(2) In this Part “further education body in England” means—

(a) a further education corporation in England,

(b) a sixth form college corporation, or

(3) In this Part “further education body in Wales” means—

(a) a further education corporation in Wales, or

(b) a company conducting a designated further education institution in Wales.

Other key definitions

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In this Part—

“appropriate national authority”—in relation to a further education body in England, means the Secretary of State;in relation to a further education body in Wales, means the Welsh Ministers;

“company” means a company within the meaning of the Companies Act 2006;

“designated further education institution” means an institution that—is designated under section 28 of the Further and Higher Education Act 1992, andis principally concerned with the provision of further education;

“further education corporation” means a body corporate that—is established under section 15 or 16 of the Further and Higher Education Act 1992, orhas become a further education corporation by virtue of section 33D or 47 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;

“sixth form college corporation” means a body corporate—designated as a sixth form college corporation under section 33A or 33B of the Further and Higher Education Act 1992, orestablished under section 33C of that Act.

CHAPTER 2 — Application of normal insolvency to statutory corporations

Application of normal insolvency procedures

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(1) The purpose of this section is to make the following insolvency procedures available in relation to further education bodies that are statutory corporations—

(a) voluntary arrangements,

(b) administration,

(d) winding up by the court,

and to make provision about receivers and managers of property.

(2) For that purpose, the relevant insolvency legislation applies in relation to further education bodies that are statutory corporations as it applies in relation to companies, subject to—

(a) any modifications or omissions specified in regulations made by the Secretary of State, and

(b) sections 9 to 12 (restrictions on normal insolvency procedures to facilitate special administration).

(3) The “relevant insolvency legislation” means any provision made by or under the following provisions of the Insolvency Act 1986—

(a) Part 1 (company voluntary arrangements);

(b) Part 2 (administration);

(d) Part 4 (winding up);

(e) Parts 6, 7 and 12 to 18 (supplementary provision).

(4) The modifications or omissions that may be made under subsection (2)(a) include modifications or omissions in connection with the interaction between the insolvency procedures made available in relation to further education bodies by this section and education administration under Chapter 4 of this Part.

(5) Regulations under this section that modify or omit a provision of an Act as it applies by virtue of this section are subject to the affirmative resolution procedure.

(6) Any other regulations under this section are subject to the negative resolution procedure.

Application of other insolvency law

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(1) The Secretary of State may make regulations, in consequence of section 6 or regulations made under it—

(a) providing for any legislation about insolvency to apply in relation to a further education body that is a statutory corporation (with or without modifications);

(b) amending, or modifying, any legislation about insolvency as it applies in relation to a further education body that is a statutory corporation.

(2) In subsection (1) “legislation about insolvency” includes any legislation that makes provision by reference to anything that is or may be done under any provision of the Insolvency Act 1986, or under any provision of subordinate legislation made under that Act, as applied by section 6.

(3) Regulations under this section that apply, amend or modify a provision of an Act are subject to the affirmative resolution procedure.

(4) Any other regulations under this section are subject to the negative resolution procedure.

(5) In this section “legislation” means provision made by Schedule 3 to this Act or provision made by or under any other Act passed before or in the same session as this Act.

Records etc

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(1) The Secretary of State may by regulations make provision for or in connection with—

(a) the delivery to the registrar of companies of documents that relate to the insolvency of further education bodies;

(b) the registrar's function of keeping records of information contained in such documents under section 1080(1) of the Companies Act 2006;

(2) The regulations may, in particular, provide for any provision made by or under the following sections of the Companies Act 2006 to apply (with or without modifications) in relation to those documents or records.

Provision of Companies Act 2006	Description
sections 29 and 30	copies of resolutions etc to be forwarded to the registrar
section 859K	registration of enforcement of security
sections 1077 and 1079	public notice of receipt of certain documents
sections 1081, 1084 and 1085 to 1091	keeping and inspection of register of companies
sections 1093 to 1097	correction or removal of material on companies register
section 1104	documents relating to Welsh companies
sections 1112 to 1113	supplementary provisions

(3) The power under subsection (1) includes power—

(a) to impose requirements on a person who delivers a document to the registrar in relation to the insolvency of a further education body to provide supplementary information;

(b) to confer power on the registrar to make rules in accordance with section 1117 of the Companies Act 2006 imposing such requirements.

(4) Provision made under this section is in addition to any applicable provision made by Part 35 of the Companies Act 2006 or elsewhere.

(5) Regulations under this section are subject to the affirmative resolution procedure.

(6) Section 1114(1) of the Companies Act 2006 (meaning of document etc) applies for the purposes of this section.

CHAPTER 3 — Restrictions on use of normal insolvency procedures

Making of ordinary administration orders

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(1) This section applies if a person other than the appropriate national authority makes an ordinary administration application in relation to a further education body.

(2) The court must dismiss the application if—

(a) an education administration order is in force in relation to the further education body, or

(b) an education administration order has been made in relation to the further education body but is not yet in force.

(3) If subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the Insolvency Act 1986 (other than its power of adjournment) unless—

(a) notice of the application has been given to the appropriate national authority,

(b) a period of at least 14 days has elapsed since that notice was given, and

(4) Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an education administration application.

(5) In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.

Administrator appointments by creditors etc

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(1) Subsections (2) to (4) make provision about the appointment of an administrator under—

(a) paragraph 14 of Schedule B1 to the Insolvency Act 1986, in relation to a further education body that is a company, or

(b) paragraph 22 of Schedule B1 to the Insolvency Act 1986, in relation to any further education body.

(2) If in any case—

(a) an education administration order is in force in relation to the further education body,

(b) an education administration order has been made in relation to the further education body but is not yet in force, or

a person may not take any step to make an appointment.

(3) In any other case, an appointment takes effect only if each of the following conditions are met.

(4) The conditions are—

(a) that notice of the appointment has been given to the appropriate national authority, accompanied by a copy of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986,

(b) that a period of at least 14 days has elapsed since that notice was given,

(d) that the making of an education administration application in relation to the further education body has not resulted in the making of an education administration order which is in force or is still to come into force.

(5) Paragraph 44 of Schedule B1 to the Insolvency Act 1986 (interim moratorium) does not prevent, or require the permission of the court for, the making of an education administration application at any time before the appointment takes effect.

Winding-up order

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(1) This section applies if a person other than the appropriate national authority petitions for the winding up of a further education body.

(2) The court is not to exercise its powers on a winding-up petition unless—

(a) notice of the petition has been given to the appropriate national authority, and

(b) a period of at least 14 days has elapsed since that notice was given.

(3) If an education administration application is made in relation to the further education body before a winding-up order is made on the petition, the court may exercise its powers under sections 19 and 20 (instead of exercising its powers on the petition).

(4) References in this section to the court's powers on a winding-up petition are to—

(a) its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment), and

(b) its powers under section 135 of the Insolvency Act 1986.

Voluntary winding up

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(1) A further education body has no power to pass a resolution for voluntary winding up without the permission of the court.

(2) Permission may be granted by the court only on an application made by the further education body.

(3) The court may not grant permission unless—

(a) notice of the application has been given to the appropriate national authority, and

(b) a period of at least 14 days has elapsed since that notice was given.

(4) If an education administration application is made in relation to the further education body after an application for permission under this section has been made but before it is granted, the court may exercise its powers under sections 19 and 20 (instead of granting permission).

(5) In this section “a resolution for voluntary winding up” has the same meaning as in the Insolvency Act 1986.

Enforcement of security

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A person may not take any step to enforce a security over property of a further education body unless—

(a) notice of the intention to do so has been given to the appropriate national authority, and

(b) a period of at least 14 days has elapsed since the notice was given.

Interpretation of Chapter

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(1) In this Chapter—

“the court”, in relation to a further education body, means the court having jurisdiction to wind up the body;

“education administration application” has the meaning given by section 18;

“education administration order” has the meaning given by section 17.

(2) For the purposes of this Chapter an application made to the court is outstanding if it—

(a) has not yet been granted or dismissed, and

(b) has not been withdrawn.

(3) An application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

(4) An appeal is to be treated as pending for this purpose if—

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