Statutory Instruments
Education
Insolvency
Made
5th November 2018
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 47(2) of the Technical and Further Education Act 2017(1).
1. These Regulations may be cited as the Technical and Further Education Act 2017 (Commencement No. 4) Regulations 2018.
2. Section 40 of the Technical and Further Education Act 2017 comes into force on 12th November 2018.
3. The following provisions of the Technical and Further Education Act 2017 come into force on 31st January 2019—
(a)Part 2 (sections 3 to 39);
(b)Schedule 2;
(c)Schedule 3; and
(d)Schedule 4.
Anne Milton
Minister of State for Apprenticeships and Skills
Department for Education
5th November 2018
(This note is not part of the Regulations)
These Regulations bring into force certain provisions of the Technical and Further Education Act 2017 (c. 19) (“the 2017 Act”). These are the fourth commencement regulations made under the 2017 Act.
Regulation 2 provides that section 40 of the 2017 Act comes into force on 12th November 2018. Section 40 of the 2017 Act amends section 54 of the Further and Higher Education Act 1992 to ensure that the Secretary of State can obtain information from providers of further education who receive funding from combined authorities.
Regulation 3 provides that Part 2, which consists of sections 3 to 39, of and Schedules 2, 3 and 4 to the 2017 Act come into force on 31st January 2019. The provisions commenced provide for certain insolvency proceedings, described in the 2017 Act as “normal insolvency proceedings” to apply to further education bodies (defined in section 4 of the 2017 Act) which are statutory corporations. They further create a special administration regime to apply to all further education bodies.
(This note is not part of the Regulations)
The following provisions of the Technical and Further Education Act 2017 (c. 19) have been brought into force by commencement Regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1(5) (partially) | 16th August 2017 | 2017/844 |
| Section 1(5) (partially) | 8th November 2017 | 20171055 |
| Section 1(5) (partially) | 2nd January 2018 | 20171055 |
| Section 1(5) (partially) | 9th February 2018 | 2018/140 |
| Section 2 | 2nd January 2018 | 20171055 |
| Section 41 | 2nd January 2018 | 20171055 |
| Paragraph 1 of Schedule 1 (partially) | 16th August 2017 | 2017/844 |
| Paragraph 1 of Schedule 1 (partially) | 8th November 2017 | 20171055 |
| Paragraph 1 of Schedule 1 (partially) | 2nd January 2018 | 20171055 |
| Paragraph 1 of Schedule 1 (partially) | 9th February 2018 | 2018/140 |
| Paragraph 2(1) of Schedule 1 (partially) | 8th November 2017 | 20171055 |
| Paragraph 2(2) of Schedule 1 | 8th November 2017 | 20171055 |
| Paragraph 3(1) of Schedule 1 (partially) | 9th February 2018 | 2018/140 |
| Paragraph 3(2) of Schedule 1 | 9th February 2018 | 2018/140 |
| Paragraphs 7 to 12 of Schedule 1 | 8th November 2017 | 20171055 |
| Paragraphs 13 and 14 of Schedule 1 | 16th August 2017 | 2017/844 |
| Paragraphs 17 to 20 of Schedule 1 | 8th November 2017 | 20171055 |
| Paragraph 22 of Schedule 1 | 8th November 2017 | 20171055 |
| Paragraphs 25 to 28 of Schedule 1 | 2nd January 2018 | 20171055 |
| Paragraph 31 of Schedule 1 | 2nd January 2018 | 20171055 |
| Paragraphs 32 (partially), 33 and 34 of Schedule 1 | 8th November 2017 | 20171055 |