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Further and Higher Education Act 1992
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Changes over time for: Section 33C
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Further and Higher Education Act 1992, Section 33C is up to date with all changes known to be in force on or before 14 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16(6) inserted by 2007 c. 25 s. 14(4)
- s. 17(2)(aa) inserted by 2007 c. 25 s. 14(5)(b)
- s. 27(3A) (3B) inserted by 2007 c. 25 s. 15(4)
- s. 27(9) inserted by 2007 c. 25 s. 15(7)
- s. 51(1)-(2A) substituted for s. 51(1)(2) by 2007 c. 25 s. 16(2)
- s. 76(8)(9) inserted by 2017 c. 29 s. 52(4)
- s. 85D inserted by 2009 c. 22 s. 247
- s. 85D(7) words inserted by S.I. 2016/413 reg. 140 (This amendment comes into force on the day that section 85D of the Further and Higher Education Act 1992 (c. 13) comes into force. That provision is still prospective.)
[F133CEstablishment of new bodies corporate as sixth form college corporationsE+W+S
(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 [F2a 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 [F3proposer has] published the proposal by the prescribed time and in the prescribed manner;
(b)the proposal as published contained prescribed information;
(c)the [F4proposer has] considered any representations about the proposal made to [F5the proposer] within the prescribed period.
(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.]
Textual Amendments
F1Ss. 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)
F2Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2
F3Words in s. 33C(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(3); S.I. 2012/924, art. 2
F4Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2
F5Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(b); S.I. 2012/924, art. 2
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