Further and Higher Education Act 1992

57 Intervention in the event of mismanagement or breach of duty

(1) If the Secretary of State is satisfied that the affairs of any institution within the further education sector have been or are being mismanaged, he may on the recommendation of the appropriate council by order—

(a) remove all or any of the members of the governing body of the institution and appoint new members in their places, and

(b) make such modifications of the instrument of government of the institution as he thinks fit.

(2) An appointment of a member of a governing body of an institution under subsection (1) above shall have effect as if made in accordance with the instrument of government and articles of government of the institution.

(3) If the Secretary of State is satisfied, either upon complaint by any person interested or otherwise, that—

(a) a council, or

(b) the governing body of any institution within the further education sector,

have failed to discharge any duty imposed on them by or for the purposes of the Education Acts, he may make an order under this subsection.

(4) An order under subsection (3) above shall declare the council or the governing body, as the case may be, to be in default in respect of that duty, and may give such directions for the purpose of enforcing the execution of that duty as appear to the Secretary of State to be expedient.

(5) A council or governing body in respect of which an order is made under subsection (3) above shall comply with any directions contained in the order.

(6) Section 93 of the [1944 c. 31.] Education Act 1944 (power to hold local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.