Part I Further education
Chapter I Responsibility for further education
The new funding councils
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The new further education sector
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further functions
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjustment of local education authority sector
F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of further education in schools
F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter II Institutions within the further education sector
The further education corporations
I115 Initial incorporation of existing institutions.
1
Before the appointed day the Secretary of State shall by order specify—
a
each educational institution maintained by a F111local authority which appears to him to fall within subsection (2) below, and
b
each county school, controlled school or grant-maintained school which appears to him to fall within subsection (3) below.
2
An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule.
3
An institution falls within this subsection if on 17th January 1991 not less than 60 per cent. of the pupils at the institution were receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
4
On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date.
5
The name given in the order under subsection (1) above as the name of the institution shall be the initial name of the body corporate.
6
Where an educational institution, being an institution maintained by a F111local authority or a grant-maintained school, has been established since 1st November 1990 or, as the case may be, 17th January 1991 by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) or, as the case may be, subsection (3) above if it would have done so if the merger had taken place before that date.
7
In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) above.
I216 Orders incorporating further institutions.
C11
The Secretary of State may by order make provision for the establishment of a body corporate—
a
for the purpose of establishing and conducting an educational institution, or
b
for the purpose of conducting an existing educational institution,
but shall not make an order in respect of an existing institution without the consent of the governing body.
F152
Subsection (1) above does not apply to an institution which is maintained by a F111local authority.
3
The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
a
is maintained by a F111local authority, and
b
in his opinion, 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.
4
The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.
5
An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.
16AF117Publication of proposals
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.
I317“Further education corporation” and “operative date”.
1
2
In this Part of this Act “operative date”, in relation to a further education corporation and the institution, means—
a
in the case of a further education corporation established under section 15 of this Act, such date as the Secretary of State may by order appoint in relation to the corporations so established, and
b
in the case of a further education corporation established under section 16 of this Act, such date as the Secretary of State may by order appoint in relation to that corporation.
I418 Principal powers of a further education corporation.
1
A further education corporation may—
a
provide further and higher education, and
F17aa
provide secondary education F18suitable to the requirements of persons who have attained the age of fourteeen years,
ab
provide education which is secondary education by virtue of section 2(2B) of the M1Education Act 1996 (definition of secondary education),
ac
participate in the provision of secondary education at a school,
b
supply goods or services in connection with their provision of education,
F19and those powers are referred to in section 19 of this Act as the corporation’s principal powers.
F201A
A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such F111local authorities as they consider appropriate.
2
For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education corporation if they result from—
a
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
c
ideas of a person employed by them, or of one of their students, arising out of their provision of education.
3
For the purposes of that subsection, services are supplied in connection with the provision of education by a further education corporation if—
a
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
C9c
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I519 Supplementary powers of a further education corporation.
1
A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
2
A further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.
3
A further education corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties F22... ).
4
A further education corporation may—
a
acquire and dispose of land and other property,
b
enter into contracts, including in particular—
i
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
ii
contracts with respect to the carrying on by the corporation of any such activities,
F75bb
form, participate in forming or invest in a company,
bc
form, participate in forming or otherwise become a member of a charitable incorporated organisation F112(within the meaning of Part 11 of the Charities Act 2011),
c
borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under sections F19727 to F11927C or 33P of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,
d
invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
e
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and
f
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
F1804A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1814AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1824AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1204AC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1784B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1794C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1775
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236
A person has a learning difficulty if—
a
he has a significantly greater difficulty in learning than the majority of persons of his age, or
b
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
7
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
F768
A reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
F989
A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
F12119ADuty in relation to promotion of well-being of local area
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I620 Constitution of corporation and conduct of the institution.
1
For every further education corporation established to conduct an educational institution there shall be—
a
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
b
an instrument in accordance with which the corporation, and the institution, are to be conducted (to be known as articles of government).
F1832
Instruments of government and articles of government of further education corporations—
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.
3
The validity of any proceedings of a further education corporation, or of any committee of the corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
4
Every document purporting to be an instrument made or issued by or on behalf of a further education corporation and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
I721 Initial instruments and articles.
1
As from the date on which a further education corporation is established, the instrument of government and articles of government—
F24a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25. . . shall be such as is prescribed by regulations.
2
Such F26. . . regulations—
a
may provide for all or any of the persons who, on the date on which a corporation is established to conduct the F27. . . existing institution, are the members of the governing body of the institution to be the initial members of the corporation, and
b
may make such other provision in relation to F28. . . existing institutions as appears to the Secretary of State necessary or desirable to secure continuity in their government.
3
I822F175Subsequent instruments and articles
A further education corporation may modify or replace their instrument of government or articles of government.
22AF113 Charitable status of a further education corporation
A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).
Transfer of property, etc., to further education corporations
F19523 Transfer of property, etc.: institutions maintained by local authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19524 Provisions supplementary to section 23.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19525 Transfer of property, etc. from foundation bodies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19526 Transfer of staff to further education corporations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dissolution of further education corporations
I927F174Proposals for dissolution of further education corporations
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.
27AF174Dissolution of further education corporations
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.
F2166
See also section 27C (restrictions on dissolution in insolvency situations).
27BF174Dissolution of further education corporations: transfer of property, rights and liabilities
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.
27CF214Restrictions on dissolution in insolvency situations
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.
Designation of institutions for funding by the councils
I1028 Designation of institutions.
1
F233The appropriate authority may by order designate F30for the purposes of this section any educational institution principally concerned with the provision of one or both of the following—
a
full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
b
courses of further or higher education,
if the institution meets the requirements of subsection (2) below.
2
The institution must be one of the following—
a
a voluntary aided school F31(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),
F32b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an institution which is grant-aided or eligible to receive aid by way of grant F33or
d
an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.
3
For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than F111local authorities who—
a
receive any grants under regulations made under F34section 485 of the Education Act 1996, or
b
are eligible to receive such grants.
F353A
F2323B
In this section “the appropriate authority”—
a
in relation to an educational institution in England, means the Secretary of State;
b
in relation to an educational institution in Wales, means the Welsh Ministers.
4
In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.
I1129Government and conduct of designated institutions
1
This section applies to a designated institution, other than—
a
an institution conducted by a company, or
b
an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption.
2
For each designated institution to which this section applies, there is to be—
a
an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and
b
an instrument in accordance with which the institution is to be conducted (to be known as the articles of government).
3
In sections 29A to 29C—
“instrument” means an instrument of government or articles of government;
“regulatory instrument”, in relation to an institution, means—
- a
an instrument of government or articles of government, or
- b
any other instrument relating to or regulating the institution.
- a
29AFirst post-designation instruments and articles of designated institutionsF186...
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)F184....
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.
F1856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
29BF176Changes to instruments and articles
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.
30F36 Special provision for certain institutions.
1
Notwithstanding anything in sections 29 to F18729B of this Act, the instrument of government of a designated institution to which this section applies must provide—
a
for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
b
for the majority of members of the governing body to be such governors.
2
This section applies to—
a
an institution which, when designated, was a voluntary aided school, and
b
an institution specified, or falling within a class specified, by the Secretary of State by order.
3
The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
4
The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.
I1231 Designated institutions conducted by companies.
F1991
This section has effect in relation to any designated institution F198in Wales conducted by a company.
2
The articles of association of the company shall incorporate—
a
provision with respect to the constitution of a governing body of the institution (to be known as the instrument of government of the institution), and
b
provision with respect to the conduct of the institution (to be known as the articles of government of the institution).
F1882A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks fit for securing that—
a
the F92articles of association of the company, or
b
any rules or bye-laws made in pursuance of any power conferred by the articles of association of the company,
are amended in such manner as he may specify in the direction.
4
No amendment of the F93articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Secretary of State for his approval and he has notified his approval to the company.
5
Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.
F20032 Transfer of property, etc., to designated institutions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20133 Provisions supplementary to section 32.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94Sixth form college corporations: England
33AInitial designation of existing bodies corporate as sixth form college corporations
1
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
2
A body corporate is within this subsection if it is—
a
a further education corporation established in respect of an institution in England, or
b
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
3
On the date specified in the order—
a
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
b
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
c
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
4
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a sixth form college corporation.
5
The power conferred by subsection (1)—
a
is exercisable only once;
b
is not exercisable after the date specified in an order made by the Secretary of State.
33BSubsequent designation of existing bodies corporate as sixth form college corporations
1
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
2
A body corporate is within this subsection if it is—
a
a further education corporation established in respect of an institution in England, or
b
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
3
An order under subsection (1) may be made only if—
a
an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
b
the institution is one within subsection (4).
4
An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
5
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
6
On the date specified in the order—
a
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
b
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
c
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
7
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a sixth form college corporation.
8
The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
33CEstablishment of new bodies corporate as sixth form college corporations
1
The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
2
An order under subsection (1) may be made only if—
a
a proposal relating to the order has been made by F122a person or body (“the proposer and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
b
it appears to the Secretary of State that the institution will when established be one within subsection (4).
3
The requirements are that—
a
the F123proposer has published the proposal by the prescribed time and in the prescribed manner;
b
the proposal as published contained prescribed information;
4
An institution is within this subsection if—
a
the institution is in England, and
b
on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
5
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
6
An order under subsection (1)—
a
must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
b
may make provision as to the initial name of the corporation as a sixth form college corporation.
33DConversion of sixth form college corporations into further education corporations
1
The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
2
An order under subsection (1) may be made only if—
a
an application for the order has been made by the governing body of the relevant sixth form college, F202...
F202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
F2034
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
6
An order under subsection (1) may—
a
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
b
make provision as to the initial name of the corporation as a further education corporation.
33EPrincipal powers of a sixth form college corporation
1
A sixth form college corporation may do any of the following—
a
provide further and higher education,
b
provide secondary education suitable to the requirements of persons who have attained the age of 14,
c
provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
d
participate in the provision of secondary education at a school,
e
supply goods or services in connection with their provision of education.
2
The powers conferred by subsection (1) F126and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) are referred to in section 33F as the corporation's principal powers.
3
A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such F111local authorities as they consider appropriate.
4
For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
a
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
c
ideas of a person employed by them, or one of their students, arising out of their provision of education.
5
For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
a
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
b
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
c
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
33FSupplementary powers of a sixth form college corporation
1
A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
2
A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
3
In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
4
A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
5
The facilities include—
a
boarding accommodation and recreational facilities for students and staff, and
b
facilities to meet the needs of students with learning difficulties.
6
A sixth form college corporation may—
a
acquire and dispose of land and other property,
b
enter into contracts, including in particular—
i
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
ii
contracts with respect to the carrying on by the corporation of any such activities,
c
form, participate in forming or invest in a company,
d
form, participate in forming or otherwise become a member of a charitable incorporated organisation F114(within the meaning of Part 11 of the Charities Act 2011),
e
borrow such sums as the corporation think fit for the purposes of—
i
carrying on any activities they have power to carry on, or
ii
meeting any liability transferred to them under sections 23 to F12727C or 33P ,
f
in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
g
invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
h
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
i
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
F1287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
For the purposes of this section a person has a learning difficulty if—
a
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
b
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
9
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
10
A reference in this section F129... to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
11
A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
F13033GFurther provision about supplementary powers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13133HDuty in relation to promotion of well-being of local area
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33IConstitution of sixth form college corporation and conduct of sixth form college
1
For every sixth form college corporation there is to be—
a
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
b
an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
2
Instruments of government and articles of government—
a
must comply with the requirements of F189...Schedule 4, and
F132b
subject to that, may make such other provision as may be necessary or desirable.
3
Subsection (2) is subject to section 33J.
4
The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
a
a vacancy among the members, or
b
a defect in the appointment or nomination of a member.
5
Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
a
duly executed under the seal of the corporation, or
b
signed or executed by a person authorised by the corporation to act in that behalf.
6
The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
33JSpecial provision for certain institutions
1
Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
a
for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
b
for the majority of members of the governing body of the relevant sixth form college to be such governors.
F1331A
A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).
2
This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
3
The F134references in subsections (1)(a) and (1A) to the established character of a sixth form college are , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, F135references to the character which the sixth form college is intended to have on its establishment.
33KInstrument and articles of new sixth form college corporations
1
The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the F136Secretary of State by order .
F1372
An order under subsection (1) may not be made unless—
a
the Secretary of State has consulted the corporation, and
b
in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.
33LF138Changes to instruments and articles
1
A sixth form college corporation may modify or replace their instrument of government or articles of government.
2
A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.
33MCharitable status of a sixth form college corporation
33NF118Proposals for dissolution of sixth form college corporations
1
This section applies if a sixth form college corporation propose that the corporation should be dissolved.
2
The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations.
3
The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.
33OF118Dissolution of sixth form college corporations
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.
F2175
See also section 33Q (restrictions on dissolution in insolvency situations).
33PDissolution of sixth form college corporations: transfer of property, rights and liabilities
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).
33QF215Restrictions on dissolution in insolvency situations
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.
Property, rights and liabilities: general
F20434 Making additional property available for use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20535 Voluntary transfers of staff in connection with section 34.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20636 General provisions about transfers under Chapter II.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9937 Attribution of surpluses and deficits.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20738 Payments ... in respect of loan liabilities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Control of disposals of land.
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Wrongful disposals of land.
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Control of contracts.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 Wrongful contracts.
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10043 Remuneration of employees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
I13C1344 Collective worship.
F411
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).
C102A
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 F42joined the further education sector.
4
In all F43other 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 F44an 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.
F456
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F467
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).
I1445 Religious education.
F471
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 F48an 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 F49institution 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 F50joined the further education sector;
b
in the case of all F51other 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.
F526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F537
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).
I1546 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—
C2a
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.
I1647 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 F54provision 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 M2Education Reform Act 1988 (designation of institutions).
48 Statutory conditions of employment.
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1749 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 F56Part XI of the Employment Rights Act 1996,
the contract shall be void and of no effect.
F17349AConsultation
F1401
In exercising their functions the governing body of an institution within the further education sector F139 in Wales must have regard to any guidance given from time to time by the F139Welsh 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.
F1393
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49BF196Destinations
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.
I1850 Information with respect to institutions within the further education sector.
C31
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.
F141I1951 Publication of proposals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C12C14C1551AF95Duty 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 F111local 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 F111local 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 F111local 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 F111local authority in England must have regard to any guidance given from time to time by the Secretary of State.
I20C452 Duty to provide for named individualsF102: Wales
1
2
F72The F103... 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 F73the F104... 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 F74the F105... National Assembly for Wales under subsection (2) above and has not been withdrawn.
52AF58 Duty to safeguard pupils receiving secondary education.
1
This section applies where secondary education is provided to F59persons of compulsory school age—
a
by a further education corporation F60by virtue of section 18(1)(aa) or (ab) of this Act,
F106aa
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 F111local 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 F61persons of compulsory school age are for the time being receiving secondary education.
52BF231Duty 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.
I2153 Inspection of accounts.
1
The accounts of—
a
any further education corporation,
F107aa
any sixth form college corporation, and
b
any designated institution,
shall be open to the inspection of the Comptroller and Auditor General.
C52
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 M3National 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 F108section 15ZA F142or 18A of the Education Act 1996, section 14 of the Education Act 2002 or section F143... 100 of the Apprenticeships, Skills, Children and Learning Act 2009.
Chapter III General
54 Duty to give information.
F2131
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 F235, 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.
F2123
Such information relating to the provision which has been made by a F111local 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 F62regulations 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.
I22C655 Inspection etc. of F111local authority institutions, other than schools, and advice to Secretary of State.
F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In relation to any F111local authority institution maintained or assisted by them, a F111local 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 F111local 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—
F64a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56AF77Intervention: England
F2081
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.
F230e
that the education or training provided by the institution did not, or does not, adequately meet local needs.
F2242A
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 F146Secretary of State may do one or more of the things listed in subsection (6).
F1474
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F109At the same time as doing one or more of those things the F148Secretary 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 F148Secretary of State is satisfied;
b
the reasons why the F148Secretary of State is so satisfied;
c
the reasons why the F148Secretary of State has decided to do that thing or those things.
6
The F148Secretary 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);
7
The directions that may be given to a governing body under this section include F144—
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.
F145b
a direction requiring a governing body to make a resolution under section 27A(1) F228, 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.
F227c
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.
F2297A
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.
F2257B
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.
F1499
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.
F2269A
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.
F15010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F15156AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15256BIntervention policy: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15356CDirections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15456DNotification by local authority or YPLA of possible grounds for intervention
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56EF96Intervention by F156Secretary of State : sixth form colleges
1
This section applies in relation to a sixth form college if the F157Secretary 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.
F223e
that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.
F2182A
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 F158Secretary of State may do one or more of the things listed in subsection (6).
F1554
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 F159Secretary 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 F160Secretary of State is satisfied;
b
the reasons why the F161Secretary of State has decided to do that thing or those things.
6
F162The 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 F163Secretary 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 F164—
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.
F165b
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.
F221c
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.
F2227A
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.
F2197B
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.
F1669
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.
F2209A
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.
F16710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F16856FAppointment by local authorities of members of sixth form college governing body
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16956GIntervention policy: sixth form colleges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17056HIntervention by YPLA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17156IAppointment by YPLA of members of sixth form college governing body
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17256JNotification by Chief Executive of Skills Funding of possible grounds for intervention
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6657 Intervention F78: Wales
1
This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution F79in 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
F80the Welsh Ministers are satisfied that the institution’s affairs have been or are being mismanaged by its governing body;
b
c
F87d
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.
F83C73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
If this section applies F84the 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
F85They 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 F86they think expedient as to the exercise of their powers and performance of their duties.
F885A
The directions that may be given to a governing body under this section include F190—
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.F191, 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.
F1925B
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.
F896A
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.
F709
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19357AIntervention policy: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20958 Reorganisations of schools involving establishment of further education corporation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60 Saving as to persons detained by order of a court.
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6960A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2361 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 F194or 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—
C8a
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 M4Education Act 1944, and
F211b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21061A References to appropriate bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)