117 Obligation to enter pupils for prescribed public examinations.
(1) Subject to the following provisions of this section, the governing body of every maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.
(2) Subsection (1) above shall not require a governing body to secure that a pupil is entered for any examination, or for any examination in any syllabus for that examination, if either—
(a) the governing body consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus; or
(b) the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus. but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements ” has the meaning given by section 2(2)(c) of this Act and “key stage four ” means the period referred to in section 3(3)(d) of this Act
(3) Subsection (1) above shall not require a governing body to secure that a pupil is entered for any examination in any syllabus for that examination if the governing body have secured that pupil’s entry for another prescribed public examination in a corresponding syllabus.
(4) For the purposes of subsection (3) above, a syllabus for any such examination shall be regarded as corresponding to a syllabus for another such examination if the same course of study is provided at the school concerned in preparation for both syllabuses.
(5) As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school the governing body of a maintained school shall notify the parent of the pupil in writing of their determination in relation to each such syllabus.
118 General and supplementary provisions relating to charges.
(1) Nothing in the provisions of this Chapter relating to charges shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of any maintained school or any local education authority for voluntary contributions for the benefit of the school or any school activities.
(2) Any request or invitation made by or on behalf of any such body or authority for contributions for the benefit of any school or school activities shall not be regarded for the purposes of subsection (1) above as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—
(a) that there is no obligation to make any contribution; and
(b) that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.
(3) Nothing in section 106(6) of this Act shall prevent the parent of a registered pupil at a maintained school from being required to pay for or supply any materials for use for the purposes of the production in the course of the provision of education for the pupil at the school of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.
(4) Nothing in this Chapter relating to charges with respect to a registered pupil at a maintained school shall be read as relating to—
(a) charges made by persons other than the governing body or the local education authority; or
(b) charges to be paid by persons other than the parent of the pupil or the pupil himself.
(5) The Secretary of State may make regulations requiring, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—
(a) such information relevant for the purposes of this Chapter as to the school hours at the school; and
(b) such information as to the policies determined under section 110 which apply in relation to the school;
as may be prescribed.
(6) Any sum payable under section 108, 109 or 111 of this Act by the parent of any registered pupil at a maintained school shall be recoverable summarily as a civil debt.
(7) In this Chapter—
(a) “equipment ” does not include clothing;
(b) “the local education authority ” means, in relation to a maintained school which is a school maintained by a local education authority, the authority by whom the school is maintained;
(c) “maintained school ” means—
(i) any school maintained by a local education authority; and
(ii) any grant-maintained school;
(d) references to a public examination (including a prescribed public examination) are references to such an examination as it applies in relation to persons entered for any syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment for the purposes of determining the achievements of persons entered for that examination takes place;
(e) references to an examination requirement for a syllabus for any such examination are references to any requirement a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus; and
(f) “residential trip ” has the meaning given by section 106(10) of this Act.
(8) For the purposes of subsection (7) above an assessment for the purposes of determining the achievements of persons entered for any examination is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus whether that person has passed or failed and, if grades are assigned for the purposes of the examination, the grade to be assigned in his case.
(1) For the purposes of this Part of this Act—
(a) children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class; and
(b) “reception class ” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age.
(2) References in this Part, in relation to proposals under section 28, [. . ., 89 or 92] of this Act, to the date of publication of the proposals are references—
(a) to the date on which the requirements of this Act, or of regulations under this Act, with respect to the publication of the proposals (or of any notice relating to the proposals) are satisfied; or
(b) where different requirements such as are mentioned in paragraph (a) above are satisfied on different dates, to the last of those dates;
and references to the time at which such proposals are published shall be construed accordingly.
(3) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (2) above be taken to be satisfied on the first date in respect of which it is satisfied.
(1) Alocal authority authority shall no longer be under a duty to secure the provision for their area of facilities for higher education, that is to say, education provided by means of a course of any description mentioned in Schedule 6 to this Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A local authority shall have power—
(a) to secure the provision for their area of such facilities for higher education as appear to them to be appropriate for meeting the needs of the population of their area;
(b) to secure the provision of higher education for persons from other areas; and
(c) to do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.
(4) In exercising their power under subsection (3)(a) above a local authority shall have regard to any facilities for higher education provided by institutions within the higher education sectoror the further education sector and other bodies which are provided for, or available for use by persons living in, their area.
(4A) In exercising its powers under subsection (3) a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The Secretary of State may by order amend Schedule 6 to this Act.
122 Orders incorporating higher education institutions maintained by local authorities in Wales.
(1) Subject to subsection (2) below, if at any time it appears to the Secretary of State, in the case of any institution maintained by a local authority in Wales, that its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number he may make an order under this section with respect to that institution.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) An order under this section with respect to any institution shall make provision for the establishment of a body corporate for the purpose of conducting that institution as from the transfer date applicable in relation to that body corporate.
122ZA Orders for further education corporations in England to become higher education corporations
(1) The Secretary of State may by order provide for a further education corporation in England to become a higher education corporation.
(2) The first members of the higher education corporation are to be appointed by the governing body of the further education corporation.
(3) On such date as may be specified in the order—
(a) the corporation ceases to be a further education corporation and becomes a higher education corporation, and
(b) any member of the further education corporation who is not re-appointed by the governing body as a member of the higher education corporation ceases to hold office.
122A Orders transferring further education corporations in Wales to higher education sector.
(1) The Secretary of State may by order provide for the transfer of a further education corporation in Wales to the higher education sector if it appears to him that the full-time equivalent enrolment number of the institution conducted by the corporation for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.
(2) Where an order under this section is made in respect of a further education corporation, sections 124A and 125 of this Act shall have effect as if—
(a) on the date the order has effect, the corporation were established as a higher education corporation, and
(b) the Secretary of State were the appointing authority in relation to the first members of the higher education corporation.
(3) In determining in pursuance of subsection (2)(b) above the number of members to appoint within each variable category of members, the Secretary of State shall secure that at least half of all the members of the higher education corporation as first constituted are independent members; and in this subsection “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.
(4) On such date as may be specified in the order the corporation shall cease to be a further education corporation and become a higher education corporation and any member of the further education corporation who is not re-appointed by the Secretary of State in pursuance of subsection (2)(b) above shall cease to hold office on that date.
123 Provisions supplementary to sections 121 to 122A.
(1) References in this Act to a higher education corporation are references to a body corporate established under section 121 or 122 of this Act or which has become a higher education corporation by virtue of section 122ZA or 122A of this Act.
(2) In this Act “transfer date” means, in relation to a higher education corporation, the date appointed under section 126 of this Act in relation to the transfer under that section of property, rights and liabilities to that corporation.
(3) Schedule 7 to this Act has effect with respect to each higher education corporation in Wales established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect.
(4) A higher education corporation in Wales established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.
123A Principal powers of a higher education corporation in England
(1) A higher education corporation in England has power—
(a) to provide higher education;
(b) to provide further education;
(c) to provide secondary education suitable to the requirements of persons who have attained the age of 14 years;
(d) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education);
(e) to participate in the provision of secondary education at a school; and
(f) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.
(2) A higher education corporation in England may not provide education of a kind specified in subsection (1)(c) or (d) unless they have consulted such local authorities as they consider appropriate.
123B Supplementary powers of a higher education corporation in England
(1) A higher education corporation in England has power to do anything 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) The corporation's “principal powers” are the powers conferred by section 123A(1).
124 Powers of a higher education corporation in Wales.
(1) A higher education corporation in Wales shall have power—
(a) to provide higher education;
(b) to provide further education; and
(ba) to provide secondary education suitable to the requirements of persons who have attained the age of fourteeen years,
(bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
(bc) to participate in the provision of secondary education at a school,
(c) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.
(1A) A higher education corporation in Wales may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local authorities as they consider appropriate.
(2) A higher education corporation in Wales shall also have power to do anything which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of the powers conferred on the corporation by subsection (1) above, including in particular power—
(a) to conduct an educational institution for the purpose of carrying on activities undertaken in exercise of any of those powers and, in particular, to assume the conduct as from the transfer date applicable in relation to the corporation of the institution in respect of which the corporation is established and for that purpose to receive any property, rights and liabilities transferred to the corporation under section 126 of this Act;
(b) to provide facilities of any description appearing to the corporation to be necessary or expedient for the purposes of or in connection with carrying on any such activities (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties . . .);
(c) to supply goods and services;
(d) to acquire and dispose of land and other property;
(e) to 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 such activities; and
(ii) contracts with respect to the carrying on by the corporation of any such activities;
(f) to form, participate in forming or invest in a company for the purpose of carrying on any such activities;
(fa) to form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011) for the purpose of carrying on any such activities;
(g) to 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 section 126 of this Act and, in connection with such borrowing, to grant any mortgage, charge or other security in respect of any land or other property of the corporation;
(h) to invest any sums not immediately required for any of the purposes mentioned in paragraph (g) above;
(i) to accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes; and
(j) to do anything incidental to the conduct of an educational institution providing higher or further education.
(3) The power under subsection (2)(j) above includes in particular power—
(a) to found scholarships or exhibitions; and
(b) to make grants and give prizes.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of subsection (2)(b) 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 higher education sector for persons of his age.
(6) 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.
(7) The 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.
124ZA Instrument of government of higher education corporations in England
(1) For each higher education corporation in England there is to be an instrument providing for the constitution of the corporation (to be known as the instrument of government).
(2) A higher education corporation in England may vary, replace or revoke the instrument of government.
(3) The corporation must not make changes to the instrument of government that (but for section 125A) would result in the corporation ceasing to be a charity.
124ZB Proceedings etc. of higher education corporations in England
(1) The validity of any proceedings of a higher education corporation in England, or of a committee of such a corporation, is not affected by—
(a) a vacancy among the members, or
(b) a defect in the appointment or nomination of a member.
(2) The application of the seal of a higher education corporation in England must be authenticated by the signature of—
(a) the chair of the corporation or some other person authorised for that purpose by the corporation, and
(b) any other member of the corporation.
(3) A document purporting to be duly executed under the seal of a higher education corporation in England or signed on the corporation's behalf—
(a) is to be received in evidence, and
(b) is to be taken to be executed or signed in that way, unless the contrary is shown.
(4) The members for the time being of a higher education corporation in England are to be known as the board of governors of the institution conducted by the corporation.
124A Constitution and conduct of higher education corporations in Wales.
(1) For each higher education corporation in Wales established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.
(2) The initial instrument of government of a higher education corporation in Wales established on or after that day shall be such as is prescribed by an order of the Privy Council.
(3) An order of the Privy Council may—
(a) make an instrument of government of any higher education corporation in Wales with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in Wales in place of the instrument prescribed under subsection (2) above; or
(b) modify an instrument made in pursuance of this subsection.
(4) An instrument of government of a higher education corporation in Wales—
(a) shall comply with the requirements of Schedule 7A to this Act; and
(b) may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.
(5) An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.
(6) The validity of any proceedings of a higher education corporation in Wales for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
(7) Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation in Wales for which an instrument of government has effect 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.
(8) In relation to a higher education corporation in Wales for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.
(9) The Secretary of State may by order amend or repeal any of paragraphs 2 to 11 of Schedule 7A to this Act.
(9A) Before making an order under subsection (9) the Welsh Ministers must consult—
(a) the Commission for Tertiary Education and Research, and
(b) any other persons they think appropriate.
(9B) An order made under subsection (9) may, where it is necessary in consequence of amendments made to Schedule 7A to this Act, repeal or amend the following provisions of this Act—
(a) subsection 122A(3);
(b) in subsection (4) of this section, the words “any provision authorised to be made by that Schedule and”;
(c) in section 124C—
(i) in subsection (1), the words beginning with “and, in determining” to the end;
(ii) subsection (2).
(10) In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.
(1) It shall be the duty of each corporation—
(a) to keep proper accounts and proper records in relation to the accounts; and
(b) to prepare in respect of each financial year of the corporation a statement of accounts.
(2) The statement shall—
(a) give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and
(b) in the case of a higher education corporation in Wales, comply with any directions given by the Commission for Tertiary Education and Research as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(3) The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.
(4) The accounts (including any statement prepared under this section) shall be audited by persons appointed in respect of each financial year by the corporation.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) A corporation in Wales shall consult, and take into account any advice given by, the Auditor General for Wales before appointing any auditor under subsection (4) above in respect of their first financial year.
(6) No person shall be qualified to be appointed auditor under subsection (4) above except—
(a) an individual, or firm, eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006;
(b) a member of the Chartered Institute of Public Finance and Accountancy; or
(c) a firm each of the members of which is a member of that institute.
(7) In this section, in relation to a corporation—
“the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and
“financial year” means that period and each successive period of twelve months.
124C Initial and transitional arrangements : Wales.
(1) The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation in Wales established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members.
(2) In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.
(3) The following provisions apply where an instrument of government is made under section 124A of this Act for a higher education corporation in Wales with respect to which Schedule 7 to this Act has effect.
(4) The instrument shall apply, subject to subsection (5) below, as if the persons who, immediately before its coming into effect, were the members of the corporation had been appointed in accordance with the instrument for the residue of the term of their then subsisting appointment.
(5) Any local authority nominee, teacher nominee, general staff nominee or student nominee (within the meaning, in each case, of Schedule 7 to this Act) shall cease to hold office.
(1) This section applies in relation to the exercise of powers for the purposes of this Part of this Act.
(2) A power vested in the Privy Council may be exercised by any two or more of the lords and others of the Council.
(3) An act of the Privy Council shall be sufficiently signified by an instrument signed by the clerk of the Council.
(4) An order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council.
(5) An instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.
124E Articles of government: higher education corporations in England
(1) An institution conducted by a higher education corporation in England is to be conducted in accordance with articles of government made by the corporation.
(2) The articles of government may make provision with respect to the powers of the corporation under section 123B.
(3) A higher education corporation in England may vary, replace or revoke the articles of government.
(4) The corporation must not make changes to the articles of government that (but for section 125A) would result in the corporation ceasing to be a charity.
125 Articles of government : higher education corporations in Wales.
(1) Any institution conducted by a higher education corporation in Wales shall be conducted in accordance with articles of government, to be made by the corporation with the approval of the Privy Council.
(2) The articles of government—
(a) shall determine the functions to be exercised in relation to the institution by the board of governors of the institution, the principal of the institution and the academic board of the institution; and
(b) may regulate the constitution and functions of committees of the corporation and of the academic board of the institution and provide for the delegation of functions of the board of governors and the academic board to such committees, to the chairman of the corporation or to the principal.
(3) The articles of government shall also make provision with respect to the procedure for meetings of the board of governors, of the academic board and of committees of the corporation and the procedure in relation to the appointment of members of the corporation (including in either case quorum and proxies), and may make provision with respect to—
(a) procedures for the appointment, promotion, suspension and dismissal of staff;
(b) procedures for the admission, suspension and expulsion of students; and
(c) the appointment and functions of a clerk to the board of governors.
(4) The articles of government may also make provision authorising the board of governors to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws with respect to—
(a) the conduct of students and staff or either of them; and
(b) any such procedures as are mentioned in subsection (3)(a) or (b) above.
(5) Articles of government made under this section may be varied or revoked by subsequent articles made by the corporation with the approval of the Privy Council.
(6) The Privy Council may by a direction under this section require higher education corporations in Wales, any class of such corporations specified in the direction or any particular higher education corporation in Wales so specified—
(a) to amend their articles of government; or
(b) to secure that any rules or bye-laws made in pursuance of their articles of government are amended by the board of governors;
in any manner so specified.
(7) Before giving a direction under this section, the Privy Council shall consult the board of governors of the higher education corporation or (as the case may be) of each higher education corporation to which the direction applies.
(8) The Welsh Ministers may by order amend or repeal any of subsections (2) to (4) of this section.
(9) Before making an order under subsection (8) the Welsh Ministers must consult—
(a) the Commission for Tertiary Education and Research, and
(b) any other persons they think appropriate.
125A Charitable status of a higher education corporation.
A higher education corporation shall be a charity and—
(a) a higher education corporation in England is, in accordance with Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act, and
(b) a higher education corporation in Wales is, in accordance with regulations made in compliance with section 31(3) of that Act, excepted from registration under that Act.
126 Transfer of property, etc., to higher education corporations.
(1) In the case of a higher education corporation established under section 121 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to the corporations so established.
(2) In the case of a higher education corporation established under section 122 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to that corporation.
(3) Subject to subsection (5) below and section 198 of this Act, on the transfer date applicable in relation to a higher education corporation the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, that corporation.
(4) The property, rights and liabilities referred to in subsection (3) above are—
(a) all land or other property which, immediately before that date, was property of any local authority used or held for the purposes of the transferred institution; and
(b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.
(5) Subsection (3) above shall not apply to—
(a) rights and liabilities under any contract of employment;
(b) any liability of any such authority in respect of the principal of, or any interest on, any loan; or
(c) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.
(6) In this section “the transferred institution” means, in relation to any higher education corporation, the institution the corporation is established to conduct.
127 Transfer of staff to higher education corporations.
(1) This section applies to any person who immediately before the transfer date applicable in relation to a higher education corporation established under section 121 or 122—
(a) is employed by the transferor authority to work solely at the institution the corporation is established to conduct; or
(b) is employed by that authority to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.
(2) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the corporation.
(3) Without prejudice to subsection (2) above—
(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the transfer date; and
(b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.
(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
(5) An order under this section may designate a person either individually or as a member of a class or description of employees.
(6) References in this section, in relation to a higher education corporation, to the transferor authority, are references to the local authority by whom the institution that corporation is established to conduct is maintained immediately before the transfer date.
128 Dissolution of higher education corporations in Wales.
(1) Subject to the following provisions of this section, the Secretary of State may by order provide for—
(a) the dissolution of any higher education corporation in Wales; and
(b) the transfer of property, rights and liabilities of the corporation to—
(i) any person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;
(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) any body corporate established for purposes which include the provision of such facilities or services;
(iii) the Commission for Tertiary Education and Research (“the Commission”)
(iv) ...
(v) ... the National Assembly for Wales.
(2) An order under sub-paragraph (i) or (ii) of subsection (1)(b) above shall not provide for transferring the property, rights or liabilities of a higher education corporation in Wales to any person or body without the consent of that person or body; and where the recipient of a transfer under any order under subsection (1)(b) is not an educational charity any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(3) For the purposes of subsection (2) above, a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes.
(4) Before making an order under this section in respect of a higher education corporation in Wales the Secretary of State shall consult—
(a) the corporation; and
(b) the Commission.
(5) In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011.
(6) An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.
127A Dissolution of higher education corporations in England
(1) If requested to do so by notice given by a higher education corporation in England, the Secretary of State may make an order providing for—
(a) the dissolution of the corporation, and
(b) the transfer of property, rights and liabilities of the corporation to—
(i) a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;
(ii) a body corporate established for purposes which include the provision of such facilities or services;
(iii) the Office for Students.
(2) An order under this section must not provide for transferring the property, rights or liabilities of a higher education corporation in England to a person or body without the consent of the person or body.
(3) Subsection (4) applies where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes.
(4) Any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(5) Before making an order under this section the Secretary of State must consult the Office for Students.
(6) In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011.
(7) An order under this section may apply section 127 with such modifications as the Secretary of State may consider necessary or desirable.
(1) The Welsh Ministers may by order designate for the purposes of this section —
(a) any institution in Wales which appears to them to fall within subsection (2) below; and
(b) any institution in Wales which is, or is to be, conducted by a successor company to a higher education corporation.
(2) An institution falls within this subsection if its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of subsection (1)(b) above, a company is a successor company to a higher education corporation if-
(a) it is a company limited by a guarantee formed and registered under the Companies Act 2006;
(b) at the time when it was formed the persons participating in its formation were all members of a higher education corporation and constituted a majority of the members of that corporation;
(c) its objects—
(i) are exclusively charitable according to the law of England and Wales; and
(ii) include the conduct of the institution which was at that time conducted by that corporation;
(d) its articles of association have been approved by the Welsh Ministers; and
(e) an order has been made under section 127A or 128 of this Act dissolving the corporation and transferring the property, rights and liabilities of the corporation to the company (whether or not that order has taken effect before the order under this section is made).
129A Government and conduct of designated institutions.
(1) This section has effect in relation to any designated institution, other than an institution conducted by a company.
(2) For each such institution there shall 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),
each of which meets the requirements of subsection (3) below.
(3) Those requirements are that the instrument—
(a) was in force when the designation took effect; or
(b) is made in pursuance of a power under a regulatory instrument, or is made under subsection (5) below,
and is approved for the purposes of this section by the Privy Council.
(4) In this section “regulatory instrument”, in relation to an institution, means any instrument of government or articles of government and any other instrument relating to or regulating the institution.
(5) Where there is no such power as is mentioned in subsection (3)(b) above to make the instrument, it may be made by the body of persons responsible for the management of the institution and an instrument made by them under this subsection may replace wholly or partly any existing regulatory instrument.
(6) If an instrument approved by the Privy Council for the purposes of this section—
(a) falls within subsection (3)(a) above or was made in pursuance of a power under a regulatory instrument and, apart from this section, there is no power to modify it; or
(b) was made by the body of persons responsible for the management of the institution,
the instrument may be modified by those persons.
(7) Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council’s consent.
(8) Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult—
(a) the governing body of the institution, and
(b) where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power,
so far as it appears to them to be practicable to do so.
(9) Nothing in this section requires further approval for any instrument approved by the Secretary of State for the purposes of section 156 of this Act, and references in this section to instruments approved by the Privy Council for the purposes of this section include instruments so approved by the Secretary of State.
(10) In this section and section 129B “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of this Act has effect but does not include any institution established by Royal Charter.
129B Designated institutions conducted by companies.
(1) This section has effect in relation to any designated institution 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).
(3) The Privy Council may give to the persons who appear to them to have effective control over the company such directions as they think fit for securing that—
(a) the articles 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 they may specify in the direction.
(4) No amendment of the articles of association of the company (other than one required under subsection (3)(a) above) shall take effect until it has been submitted to the Privy Council for their approval and they have notified their approval to the company.
(5) Before giving any directions under subsection (3) above the Privy Council shall consult the persons who appear to them to have effective control over the company.
130 Transfer of property, etc., to certain designated institutions.
(1) This section applies to an institution designated under section 129 of this Act in any case where—
(a) the order designating the institution under that section so provides; and
(b) immediately before the date on which the designation takes effect (referred to below in this section, in relation to such an institution, as the designation date) the institution is an institution assisted by a local authority (referred to below in this section as the former assisting authority).
(2) Subject to subsection (4) below and section 198 of this Act, on the designation date in relation to any institution to which this section applies the property, rights and liabilities mentioned in subsection (3) below shall be transferred to, and by virtue of this Act vest in, the appropriate transferee.
(3) The property, rights and liabilities referred to in subsection (2) above are—
(a) all land or other property which, immediately before that date, was property of the former assisting authority used or held for the purposes of that institution; and
(b) all rights and liabilities of that authority subsisting immediately before that date which were acquired or incurred for those purposes.
(4) Subsection (2) above shall not apply to—
(a) any liability of the former assisting authority in respect of the principal of, or any interest on, any loan; or
(b) any liability of that authority in respect of compensation for premature retirement of any person formerly employed by them.
(5) In subsection (2) above, “the appropriate transferee” means—
(a) in relation to an institution conducted by a body corporate, that body; and
(b) in relation to an institution not so conducted, any persons specified in the order designating the institution as persons appearing to the Secretary of State to be trustees holding property for the purposes of that institution.
(6) Subject to subsection (7) below, where any persons so specified are the appropriate transferee for the purposes of subsection (2) above—
(a) any land or other property or rights transferred to them under this section shall be held by them on the trusts applicable under such trust deed relating to or regulating that institution (if any) as may be so specified or, if no such trust deed is so specified, on trust for the purposes of the institution; and
(b) they shall incur no personal liability by virtue of any liability so transferred, but may apply any property held by them on trust for the purposes of the institution in meeting any such liability.
(7) Subsection (6)(a) above shall not apply in relation to any land or other property or rights which immediately before the designation date in relation to the institution concerned were vested in the former assisting authority as trustees for any particular purposes or (as the case may be) for the general purposes of the institution.
(8) In this Act, “transfer date” means, in relation to an institution to which this section applies, the designation date in relation to that institution.
133 Payments ...in respect of persons employed in the provision of higher or further education.
(1) The Office for Students has power to make payments, subject to such terms and conditions as it thinks fit, to—
(a) any local authority in its area;
(b) the London Residuary Body;
(c) the London Pensions Fund Authority; and
(d) the governing body of any institution designated under section 129 of this Act, as originally enacted;
in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section.
(2) In subsection (1) above “relevant expenditure” means—
(a) in relation to a local authority the London Residuary Body or the London Pensions Fund Authority, expenditure in making payments to or in respect of persons employed or formerly employed at an institution which provides or (in the case of an institution which has ceased to exist since the employment in question came to an end) formerly provided higher education or further education (or both); and
(b) in relation to the governing body of any institution so designated, expenditure in making payments to or in respect of persons employed or formerly employed at the institution.
(3) The reference in subsection (2)(a) above to higher education or further education (or both) shall be read, in the case of an institution which ceased to exist before the date on which section 120 of this Act comes into force, as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect immediately before that date and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date.
(4) Each of the following, that is to say—
(a) a local authority;
(aa) the London Residuary Body;
(ab) the London Pensions Fund Authority; and
(b) the governing body of any institution so designated;
shall give the Council such information as the Council may require for the purposes of the exercise of their power under subsection (1) above.
(1) The accounts of—
(a) any university;
(b) any higher education corporation; ...
(c) any designated institution within the meaning of section 129A of this Act or
(d) any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017
shall be open to the inspection of the Comptroller and Auditor General.
(2) In the case of any higher education corporation or of any such institution as is mentioned in subsection (1)(a), (c) or (d) above—
(a) the power conferred by subsection (1) above; and
(b) the powers under sections 6 and 8 of the National 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 financial support has been given to them under section 65 of the Further and Higher Education Act 1992 or section 39 or 97 of the Higher Education and Research Act 2017.
138 Construction of references to land held for the purposes of an institution.
(1) This section applies for the purpose of the construction of the following provisions of this Act—
(a) section 126(4)(a);
(b) section 130(3)(a); ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where at any time any land is used for the purposes of an institution to which any of those provisions applies, any interest of a local authority in that land subsisting at that time shall be taken for the purposes of that provision to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).