Part 3Protection for learners

Chapter 2Education administration and administration of further education bodies

I125Further education bodies in education administration: transfer schemes

1

The Technical and Further Education Act 2017 is amended as follows.

2

In Schedule 2 (education administration: transfer schemes), after paragraph 6 insert—

6A

1

A transfer scheme may not transfer property which is subject to a security (other than a floating charge) free of that security except—

a

in accordance with an order of the court under paragraph 71 of Schedule B1 to the Insolvency Act 1986 as applied by Schedule 3 or 4, or

b

where—

i

an amount is attributed to the transfer of the property in the transfer scheme,

ii

the secured creditor agrees with that amount, and

iii

the secured creditor is paid that amount.

2

In sub-paragraph (1), “floating charge” means a charge which is a floating charge on its creation.

3

In Schedule 3 (conduct of education administration: statutory corporations), in paragraph 19—

a

for “sub-paragraph (1),” substitute

sub-paragraph (1)—

a

after “dispose” there were inserted “(whether by way of a transfer scheme under Schedule 2 to the Technical and Further Education Act 2017 or otherwise)”, and

b

the text from “the words” to the end of the paragraph becomes paragraph (b).

4

In Schedule 4 (conduct of education administration: companies), after paragraph 17 insert—

17A

Paragraph 71 is to have effect as if in sub-paragraph (1), after “dispose” there were inserted “(whether by way of a transfer scheme under Schedule 2 to the Technical and Further Education Act 2017 or otherwise)”.