Part I Further education

Chapter III General

54 Duty to give information.

F681

Each of the following must give the Secretary of State such information as the Secretary of State may require for purposes connected with further education—

a

a local authority in England,

b

the governing body of any institution maintained by a local authority in England,

c

the governing body of a city technology college in England, a city college for the technology of the arts in England or an Academy,

d

the governing body of any institution in England within the further education sector or the higher education sector, and

e

any person or body who—

i

provides further education, and

ii

is receiving or has received funding to do so from the Secretary of State, a local authority in England F82, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

2

Each of the following must give the Welsh Ministers such information as the Welsh Ministers may require for the purposes of the exercise of any of the Welsh Ministers' functions under any enactment—

a

a local authority,

b

the governing body of any institution maintained by a local authority, and

c

the governing body of any institution within the further education sector or the higher education sector.

F673

Such information relating to the provision which has been made by a F28local authority in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under F1regulations under section 492 or 493 of the Education Act 1996 shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.

I1C155 Inspection etc. of F28local authority institutions, other than schools, and advice to Secretary of State.

F21

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F22

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F23

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4

In relation to any F28local authority institution maintained or assisted by them, a F28local authority

a

shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and

b

may cause an inspection to be made by persons authorised by them.

5

A F28local authority shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.

6

A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

7

In this section—

F3a

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F3b

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c

F28local authority institution” means an educational institution, other than a school, maintained or assisted by a F28local authority.

F456. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56AF10Intervention: England

F631

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.

F81e

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

F752A

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 F31Secretary of State may do one or more of the things listed in subsection (6).

F324

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5

F26At the same time as doing one or more of those things the F33Secretary 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 F33Secretary of State is satisfied;

b

the reasons why the F33Secretary of State is so satisfied;

c

the reasons why the F33Secretary of State has decided to do that thing or those things.

6

The F33Secretary 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 F27as the F33Secretary 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 F29

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.

F30b

a direction requiring a governing body to make a resolution under section 27A(1) F79, 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.

F78c

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.

F807A

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.

F767B

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.

F349

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.

F779A

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.

9C

The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.

F3510

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11

A governing body must comply with any directions given to them under this section.

12

An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F3656AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions

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F3756BIntervention policy: England

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F3856CDirections

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F3956DNotification by local authority or YPLA of possible grounds for intervention

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56EF25Intervention by F41Secretary of State : sixth form colleges

1

This section applies in relation to a sixth form college if the F42Secretary of State is satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

2

The matters are—

a

that the sixth form college's affairs have been or are being mismanaged by its governing body;

b

that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

c

that the sixth form college'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 sixth form college 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 accepted standard of education or training.

F74e

that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.

F692A

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 sixth form college when the education or training was provided.

2B

An approved local skills improvement plan applies to a sixth form college if the college 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 F43Secretary of State may do one or more of the things listed in subsection (6).

F404

Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).

4A

Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—

a

the trustees of the sixth form college, and

b

each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.

4B

After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—

a

what the Secretary of State has decided to do;

b

the reasons for the decision.

5

If the F44Secretary of State does one or more of the things listed in subsection (6), the Secretary of State must at the same time give the sixth form college's governing body a notice stating—

a

the matter or matters listed in subsection (2) as to which the F45Secretary of State is satisfied;

b

the reasons why the F46Secretary of State has decided to do that thing or those things.

6

F47The Secretary of State may—

a

remove all or any of the members of the sixth form college'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 F48Secretary of State thinks expedient as to the exercise of the body's powers and performance of the body's duties.

7

The directions that may be given to a governing body under this section include F49

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.

F50b

a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.

F72c

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.

F737A

A governing body to which a direction such as is mentioned in subsection (7)(b) is given—

a

is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and

b

must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.

F707B

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.

F519

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.

F719A

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.

9C

The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.

F5210

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11

A governing body must comply with any directions given to them under this section.

12

An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

F5356FAppointment by local authorities of members of sixth form college governing body

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F5456GIntervention policy: sixth form colleges

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F5556HIntervention by YPLA

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F5656IAppointment by YPLA of members of sixth form college governing body

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F5756JNotification by Chief Executive of Skills Funding of possible grounds for intervention

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F557 Intervention F11: Wales

1

This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution F12in Wales within the further education sector; and it is immaterial whether or not a complaint is made by any person.

2

These are the conditions—

a

F13the Welsh Ministers are satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

b

F14they are satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act F23or any Measure of the National Assembly for Wales;

c

F15they are satisfied 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 F24or any Measure of the National Assembly for Wales;

F20d

they are satisfied 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.

F16C23

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4

If this section applies F17the Welsh Ministers may by order—

a

declare which of the conditions is (or are) satisfied, and

b

do one or more of the things listed in subsection (5).

5

F18They 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 F19they think expedient as to the exercise of their powers and performance of their duties.

F215A

The directions that may be given to a governing body under this section include F58

a

a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction.F59, and

b

a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.

F605B

A governing body to which a direction such as is mentioned in subsection (5A)(b) is given 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.

6

Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

F226A

The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

6B

But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

7

A governing body must comply with any directions given to them under this section.

8

An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F99

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F6157AIntervention policy: Wales

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F6458 Reorganisations of schools involving establishment of further education corporation.

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F659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60 Saving as to persons detained by order of a court.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F860A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I261 Interpretation of Part I.

1

In this Part of this Act—

  • functions” includes powers and duties,

  • modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and

  • regulations” means regulations made by the Secretary of State F62or the Welsh Ministers.

2

References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—

a

rights or liabilities under a contract of employment, or

b

liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.

3

In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—

C3a

to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the M1Education Act 1944, and

F66b

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F6561A References to appropriate bodies

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