Part I Further education
Chapter II Institutions within the further education sector
Miscellaneous
I1C844 Collective worship.
F11
This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
2
An institution is of voluntary origin for the purposes of this section if—
a
immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
b
immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
c
it is designated for the purposes of this paragraph by order of the Secretary of State, or
d
it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
C52A
The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.
3
In an institution of voluntary origin such act of collective worship shall —
a
be in such forms as to comply with the provisions of any trust deed affecting the institution, and
b
reflect the religious traditions and practices of the institution before it F2joined the further education sector.
4
In all F3other institutions to which this section applies such act of collective worship shall be wholly or mainly of a broadly Christian character in that it shall reflect the broad traditions of Christian belief but need not be distinctive of any particular Christian denomination.
5
If the governing body of F4an institution to which this section applies considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain.
F56
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F67
In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).
I245 Religious education.
F71
This section applies to any institution to which section 44 of this Act applies.
2
An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
2A
The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.
3
The governing body of F8an institution to which this section applies shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend.
4
For the purposes of this section religious education may take the form of a course of lectures or classes or of single lectures or classes provided on a regular basis and may include a course of study leading to an examination or the award of a qualification.
5
The form and content of religious education provided pursuant to this section shall be determined from time to time by the governing body of F9institution to which this section applies and—
a
in the case of an institution of voluntary origin—
i
shall be in accordance with the provisions of any trust deed affecting the institution, and
ii
shall not be contrary to the religious traditions of the institution before it F10joined the further education sector;
b
in the case of all F11other institutions to which this section appliesshall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.
F126
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F137
In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).
I346 Variation of trust deeds.
1
The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument—
a
relating to or regulating an institution within the further education sector, or
b
relating to any land or other property held by any person for the purposes of such an institution.
2
Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult—
C1a
the governing body of the institution,
b
where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and
c
where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.
I447 Transfer of higher education institutions to further education sector.
1
The Secretary of State may by order provide for the transfer of a higher education corporation to the further education sector.
2
Where an order is made under this section in respect of a higher education corporation, sections 20 and 21 of this Act shall have effect as if, on the date the order has effect, the corporation were established as a further education corporation; and the order may make F14provision as to the initial name of the corporation as a further education corporation.
3
On such date as may be specified in the order the corporation shall cease to be a higher education corporation and become a further education corporation.
4
An order under section 28 of this Act in respect of any institution may revoke any order in respect of that institution under section 129 of the M1Education Reform Act 1988 (designation of institutions).
48 Statutory conditions of employment.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I549 Avoidance of certain contractual terms.
1
This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
2
In so far as a contract to which this section applies provides that the employee—
a
shall not be dismissed by reason of redundancy, or
b
if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under F16Part XI of the Employment Rights Act 1996,
the contract shall be void and of no effect.
F4049AConsultation
F361
In exercising their functions the governing body of an institution within the further education sector F35 in Wales must have regard to any guidance given from time to time by the F35Welsh 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.
F353
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49BF41Destinations
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 Welsh Ministers 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 Welsh Ministers 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.
I650 Information with respect to institutions within the further education sector.
C21
The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about—
a
the educational provision made or proposed to be made for their students,
b
the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),
c
the financial and other resources of the institution and the effectiveness of the use made of such resources, and
d
the careers of their students after completing any course or leaving the institution.
2
For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show—
a
the numbers of students not undertaking any career, and
b
the persons providing students with education, training or employment.
3
The information shall be published in such form and manner and at such times as may be prescribed.
4
The published information shall not name any student to whom it relates.
5
In this section “prescribed” means prescribed by regulations.
F37I751 Publication of proposals.
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C6C7C9C1051AF25Duty to provide for named individuals: England
1
This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.
2
A F34local authority may by notice given to the governing body of such an institution—
a
require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;
b
withdraw such a requirement.
3
A F34local authority may specify an individual in a notice under subsection (2) only if the individual—
a
is in the authority's area, and
b
is over compulsory school age but under the age of 19.
4
Before giving a notice under subsection (2) imposing a requirement on a governing body, a F34local authority must consult—
a
the governing body, and
b
such other persons as the authority think appropriate.
5
The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.
6
In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a F34local authority in England must have regard to any guidance given from time to time by the Secretary of State.
I8C352 Duty to provide for named individualsF27: Wales
1
2
F22The F28... National Assembly for Wales may by notice given to the governing body of such an institution—
a
require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or
b
withdraw such a requirement.
3
The governing body of such an institution shall, for any academic year in respect of which they receive financial support from F23the F29... National Assembly for Wales, secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by F24the F30... National Assembly for Wales under subsection (2) above and has not been withdrawn.
52AF18 Duty to safeguard pupils receiving secondary education.
1
This section applies where secondary education is provided to F19persons of compulsory school age—
a
by a further education corporation F20by virtue of section 18(1)(aa) or (ab) of this Act,
F31aa
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 F34local 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 F21persons of compulsory school age are for the time being receiving secondary education.
52BF42Duty to review provision in relation to local needs: England
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.
I953 Inspection of accounts.
1
The accounts of—
a
any further education corporation,
F32aa
any sixth form college corporation, and
b
any designated institution,
shall be open to the inspection of the Comptroller and Auditor General.
C42
In the case of any such corporation or institution—
a
the power conferred by subsection (1) above, and
b
the powers under sections 6 and 8 of the M2National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,
shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under F33section 15ZA F38or 18A of the Education Act 1996, section 14 of the Education Act 2002 or section F39... 100 of the Apprenticeships, Skills, Children and Learning Act 2009.