Law

Further and Higher Education Act 1992

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-07-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 80f55c91e0752f068b75b86ec288cd80862516ae7dacfe81b259b788600379f5

Contents: 157 provisions
  1. Title and introductory text
  2. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  3. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  4. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  5. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  6. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  7. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  8. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  9. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  10. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  11. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  12. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  13. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  14. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  15. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  16. 15 Initial incorporation of existing institutions.
  17. 16 Orders incorporating further institutions.
  18. 16A Publication of proposals
  19. 17 “Further education corporation” and “operative date”.
  20. 18 Principal powers of a further education corporation.
  21. 19 Supplementary powers of a further education corporation.
  22. 19A Duty in relation to promotion of well-being of local area
  23. 20 Constitution of corporation and conduct of the institution.
  24. 21 Initial instruments and articles.
  25. 22 Subsequent instruments and articles
  26. 22A Charitable status of a further education corporation
  27. 23 Transfer of property, etc.: institutions maintained by local authorities
  28. 24 Provisions supplementary to section 23.
  29. 25 Transfer of property, etc. from foundation bodies.
  30. 26 Transfer of staff to further education corporations.
  31. 27 Proposals for dissolution of further education corporations
  32. 27A Dissolution of further education corporations
  33. 27B Dissolution of further education corporations: transfer of property, rights and liabilities
  34. 27C Restrictions on dissolution in insolvency situations
  35. 28 Designation of institutions.
  36. 29 Government and conduct of designated institutions
  37. 29A First post-designation instruments and articles of designated institutions...
  38. 29B Changes to instruments and articles
  39. 30 Special provision for certain institutions.
  40. 31 Designated institutions conducted by companies.
  41. 32 Transfer of property, etc., to designated institutions.
  42. 33 Provisions supplementary to section 32.
  43. 33A Initial designation of existing bodies corporate as sixth form college corporations
  44. 33B Subsequent designation of existing bodies corporate as sixth form college corporations
  45. 33C Establishment of new bodies corporate as sixth form college corporations
  46. 33D Conversion of sixth form college corporations into further education corporations
  47. 33E Principal powers of a sixth form college corporation
  48. 33F Supplementary powers of a sixth form college corporation
  49. 33G Further provision about supplementary powers
  50. 33H Duty in relation to promotion of well-being of local area
  51. 33I Constitution of sixth form college corporation and conduct of sixth form college
  52. 33J Special provision for certain institutions
  53. 33K Instrument and articles of new sixth form college corporations
  54. 33L Changes to instruments and articles
  55. 33M Charitable status of a sixth form college corporation
  56. 33N Proposals for dissolution of sixth form college corporations
  57. 33O Dissolution of sixth form college corporations
  58. 33P Dissolution of sixth form college corporations: transfer of property, rights and liabilities
  59. 33Q Restrictions on dissolution in insolvency situations
  60. 34 Making additional property available for use.
  61. 35 Voluntary transfers of staff in connection with section 34.
  62. 36 General provisions about transfers under Chapter II.
  63. 37 Attribution of surpluses and deficits.
  64. 38 Payments ... in respect of loan liabilities.
  65. 39 Control of disposals of land.
  66. 40 Wrongful disposals of land.
  67. 41 Control of contracts.
  68. 42 Wrongful contracts.
  69. 43 Remuneration of employees.
  70. 44 Collective worship.
  71. 45 Religious education.
  72. 46 Variation of trust deeds.
  73. 47 Transfer of higher education institutions to further education sector.
  74. 48 Statutory conditions of employment.
  75. 49 Avoidance of certain contractual terms.
  76. 49A Consultation
  77. 49B Destinations
  78. 50 Information with respect to institutions within the further education sector.
  79. 51 Publication of proposals.
  80. 51A Duty to provide for named individuals: England
  81. 52 Duty to provide for named individuals: Wales
  82. 52A Duty to safeguard pupils receiving secondary education.
  83. 52B Duty to review provision in relation to local needs: England
  84. 53 Inspection of accounts.
  85. 54 Duty to give information.
  86. 55 Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State.
  87. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 56A Intervention: England
  89. 56AA Appointment by Chief Executive of Skills Funding of members of governing body of further education institutions
  90. 56B Intervention policy: England
  91. 56C Directions
  92. 56D Notification by local authority or YPLA of possible grounds for intervention
  93. 56E Intervention by Secretary of State : sixth form colleges
  94. 56F Appointment by local authorities of members of sixth form college governing body
  95. 56G Intervention policy: sixth form colleges
  96. 56H Intervention by YPLA
  97. 56I Appointment by YPLA of members of sixth form college governing body
  98. 56J Notification by Chief Executive of Skills Funding of possible grounds for intervention
  99. 57 Intervention : Wales
  100. 57A Intervention policy: Wales
  101. 58 Reorganisations of schools involving establishment of further education corporation.
  102. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 60 Saving as to persons detained by order of a court.
  104. 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 61 Interpretation of Part I.
  106. 61A References to appropriate bodies
  107. 62 The Higher Education Funding Council for Wales.
  108. 63 Dissolution of existing councils.
  109. 64 Transitional arrangements.
  110. 65 Administration of funds by the HEFCW.
  111. 66 Administration of funds: supplementary.
  112. 67 Payments in respect of persons employed in provision of higher or further education.
  113. 68 Grants to the HEFCW.
  114. 69 Supplementary functions.
  115. 70 England: assessment of quality of education provided by institutions.
  116. 71 Higher education corporations: constitution and conduct.
  117. 72 Further power of designation.
  118. 73 Government and conduct of designated institutions.
  119. 74 Transfer of further education institutions to higher education sector.
  120. 75 Variation of trust deeds.
  121. 76 Power to award degrees, etc.
  122. 77 Use of “university” in title of institution.
  123. 78 Financial years of higher education corporations : Wales.
  124. 79 Duty to give information to the HEFCW.
  125. 79A Power to request information from higher education institutions that are exempt charities
  126. 80 Dissolution of Council for National Academic Awards.
  127. 81 Directions.
  128. 82 Joint exercise of functions.
  129. 83 Efficiency studies.
  130. 84 Effect of agreements made before date of transfer.
  131. 85 Finance and government of locally funded further and higher education.
  132. 85A Nuisance or disturbance on educational premises
  133. 85AA Power of members of staff to search students for prohibited items: England
  134. 85AB Power of search under section 85AA: supplementary
  135. 85AC Power to seize items found during search under section 85AA
  136. 85AD Section 85AC: supplementary
  137. 85B Power to search further education students for weapons : Wales
  138. 85C Power of members of staff to use force
  139. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  140. 87 Transfers of property, etc: supplementary provision.
  141. 88 Stamp duty.
  142. 88A Stamp duty land tax
  143. 89 Orders, regulations and directions.
  144. 90 Interpretation.
  145. 91 Interpretation of Education Acts.
  146. 92 Index.
  147. 93 Amendments and repeals.
  148. 94 Short title, commencement, etc.
  149. SCHEDULE 1 The Further and Higher Education Funding Councils
  150. SCHEDULE 2 Courses of Further Education
  151. SCHEDULE 3 Calculation of Enrolment Numbers
  152. SCHEDULE 4 INSTRUMENTS AND ARTICLES OF GOVERNMENT
  153. SCHEDULE 5A
  154. SCHEDULE 6 New Schedule 7A to the Education Reform Act 1988
  155. SCHEDULE 7 Transfers: supplementary provisions
  156. SCHEDULE 8 Minor and Consequential Amendments
  157. SCHEDULE 9 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

157 provisions

32 Transfer of property, etc., to designated institutions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

33 Provisions supplementary to section 32.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

33A Initial designation of existing bodies corporate as sixth form college corporations

(1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order. (2) A body corporate is within this subsection if it is— (a) a further education corporation established in respect of an institution in England, or (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England. (3) On the date specified in the order— (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation; (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation; (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect. (4) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a sixth form college corporation. (5) The power conferred by subsection (1)— (a) is exercisable only once; (b) is not exercisable after the date specified in an order made by the Secretary of State.

Propose a change

33B Subsequent designation of existing bodies corporate as sixth form college corporations

(1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order. (2) A body corporate is within this subsection if it is— (a) a further education corporation established in respect of an institution in England, or (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England. (3) An order under subsection (1) may be made only if— (a) an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and (b) the institution is one within subsection (4). (4) An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made 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) On the date specified in the order— (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation; (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation; (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect. (7) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a sixth form college corporation. (8) The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).

Propose a change

33C Establishment of new bodies corporate as sixth form college corporations

(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 a 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 proposer has published the proposal by the prescribed time and in the prescribed manner; (b) the proposal as published contained prescribed information; (c) the proposer has considered any representations about the proposal made to the 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.

Propose a change

33D Conversion of sixth form college corporations into further education corporations

(1) The Secretary of State may by order convert a sixth form college corporation into a further education corporation. (2) An order under subsection (1) may be made only if— (a) an application for the order has been made by the governing body of the relevant sixth form college, ... () . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation. (6) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a further education corporation.

Propose a change

33E Principal powers of a sixth form college corporation

(1) A sixth form college corporation may do any of the following— (a) provide further and higher education, (b) provide secondary education suitable to the requirements of persons who have attained the age of 14, (c) provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996, (d) participate in the provision of secondary education at a school, (e) supply goods or services in connection with their provision of education. (2) The powers conferred by subsection (1) and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) are referred to in section 33F as the corporation's principal powers. (3) A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such local authorities as they consider appropriate. (4) For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from— (a) their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education, (b) the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or (c) ideas of a person employed by them, or one of their students, arising out of their provision of education. (5) For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if— (a) they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education, (b) they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or (c) they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

Propose a change

33F Supplementary powers of a sixth form college corporation

(1) A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) 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) A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education. (3) In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation. (4) A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers. (5) The facilities include— (a) boarding accommodation and recreational facilities for students and staff, and (b) facilities to meet the needs of students with learning difficulties. (6) A sixth form college corporation may— (a) acquire and dispose of land and other property, (b) 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 activities undertaken in the exercise of their principal powers, and (ii) contracts with respect to the carrying on by the corporation of any such activities, (c) form, participate in forming or invest in a company, (d) 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), (e) borrow such sums as the corporation think fit for the purposes of— (i) carrying on any activities they have power to carry on, or (ii) meeting any liability transferred to them under sections 23 to 27C or 33P , (f) in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation, (g) invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on, (h) accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, (i) do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) For the purposes of this section a person has a learning difficulty if— (a) the person has a significantly greater difficulty in learning than the majority of persons of the same age, or (b) the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age. (9) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home. (10) A 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. (11) A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

Propose a change

33G Further provision about supplementary powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

33H Duty in relation to promotion of well-being of local area

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

33I Constitution of sixth form college corporation and conduct of sixth form college

(1) For every sixth form college corporation there is to be— (a) an instrument providing for the constitution of the corporation (to be known as the instrument of government), and (b) an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government). (2) Instruments of government and articles of government— (a) must comply with the requirements of ...Schedule 4, and (b) subject to that, may make such other provision as may be necessary or desirable. (3) Subsection (2) is subject to section 33J. (4) The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by— (a) a vacancy among the members, or (b) a defect in the appointment or nomination of a member. (5) Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be— (a) duly executed under the seal of the corporation, or (b) signed or executed by a person authorised by the corporation to act in that behalf. (6) The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.

Propose a change

33J Special provision for certain institutions

(1) Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide— (a) for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and (b) for the majority of members of the governing body of the relevant sixth form college to be such governors. (1A) A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college). (2) This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order. (3) The references in subsections (1)(a) and (1A) to the established character of a sixth form college are , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, references to the character which the sixth form college is intended to have on its establishment.

Propose a change

33K Instrument and articles of new sixth form college corporations

(1) The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the Secretary of State by order . (2) An order under subsection (1) may not be made unless— (a) the Secretary of State has consulted the corporation, and (b) in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.

Propose a change

33L Changes to instruments and articles

(1) A sixth form college corporation may modify or replace their instrument of government or articles of government. (2) A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.

Propose a change

33M Charitable status of a sixth form college corporation

A sixth form college corporation is a charity ... (and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).

Propose a change

33N Proposals for dissolution of sixth form college corporations

(1) This section applies if a sixth form college corporation propose that the corporation should be dissolved. (2) The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations. (3) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.

Propose a change

33O Dissolution of sixth form college corporations

(1) This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date. (2) “The dissolution date” means the date specified in a resolution under subsection (1). (3) The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable. (4) The corporation are dissolved on the dissolution date. (5) See also section 33Q (restrictions on dissolution in insolvency situations).

Propose a change

33P Dissolution of sixth form college corporations: transfer of property, rights and liabilities

(1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4). (2) The corporation may do so only with the consent of the person or body concerned. (3) A transfer under subsection (1) has effect on the dissolution date. (4) In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college. (5) Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes. (6) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. (7) Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).

Propose a change

33Q Restrictions on dissolution in insolvency situations

(1) A sixth form college corporation have no power under section 33O to resolve that the corporation should be dissolved if— (a) the corporation is in education administration under Chapter 4 of Part 2 of the Technical and Further Education Act 2017, (b) a voluntary arrangement in relation to the corporation has been proposed under Part 1 of the Insolvency Act 1986 and the matter has not been finally concluded, (c) the corporation is in administration under Part 2 of the Insolvency Act 1986, (d) paragraph 44 of Schedule B1 to the Insolvency Act 1986 applies (interim moratorium on proceedings where application to the court for an administration order has been made), or (e) the corporation is being wound up, whether voluntarily or by the court, under Part 4 of the Insolvency Act 1986 or a petition under that Part for winding up of the corporation by the court has been presented and not finally dealt with or withdrawn. (2) For the purposes of subsection (1)(b), the matter is finally concluded if— (a) no meetings are to be summoned under section 3 of the Insolvency Act 1986, (b) meetings summoned under that section fail to approve the arrangement with no, or the same, modifications, (c) an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act, has been fully implemented, or (d) the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the corporation has done whatever it is required to do under those directions. (3) In this section— (a) a reference to paragraph 44 of Schedule B1 to the Insolvency Act 1986 is to that paragraph as it applies to a sixth form college corporation by virtue of— (i) section 6 of the Technical and Further Education Act 2017 (application of normal insolvency procedures), or (ii) Schedule 3 to the Technical and Further Education Act 2017 (special education administration); (b) any other reference to a provision of the Insolvency Act 1986 is to that provision as it applies to a sixth form college corporation by virtue of section 6 of the Technical and Further Education Act 2017.

Propose a change

34 Making additional property available for use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

35 Voluntary transfers of staff in connection with section 34.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

36 General provisions about transfers under Chapter II.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

37 Attribution of surpluses and deficits.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

38 Payments ... in respect of loan liabilities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

39 Control of disposals of land.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

40 Wrongful disposals of land.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

41 Control of contracts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

42 Wrongful contracts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

43 Remuneration of employees.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

44 Collective worship.

(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years. (2) An institution is of voluntary origin for the purposes of this section if— (a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996), (b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act, (c) it is designated for the purposes of this paragraph by order of the Secretary of State, or (d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c). (2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend. (3) In an institution of voluntary origin such act of collective worship shall — (a) be in such forms as to comply with the provisions of any trust deed affecting the institution, and (b) reflect the religious traditions and practices of the institution before it joined the further education sector. (4) In all other institutions to which this section applies such act of collective worship shall be wholly or mainly of a broadly Christian character in that it shall reflect the broad traditions of Christian belief but need not be distinctive of any particular Christian denomination. (5) If the governing body of an institution to which this section applies considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).

Propose a change

45 Religious education.

(1) This section applies to any institution to which section 44 of this Act applies. (2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act. (2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it. (3) The governing body of an institution to which this section applies shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend. (4) For the purposes of this section religious education may take the form of a course of lectures or classes or of single lectures or classes provided on a regular basis and may include a course of study leading to an examination or the award of a qualification. (5) The form and content of religious education provided pursuant to this section shall be determined from time to time by the governing body of institution to which this section applies and— (a) in the case of an institution of voluntary origin— (i) shall be in accordance with the provisions of any trust deed affecting the institution, and (ii) shall not be contrary to the religious traditions of the institution before it joined the further education sector; (b) in the case of all other institutions to which this section appliesshall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).

Propose a change

46 Variation of trust deeds.

(1) The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument— (a) relating to or regulating an institution within the further education sector, or (b) relating to any land or other property held by any person for the purposes of such an institution. (2) Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult— (a) the governing body of the institution, (b) where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and (c) where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.

Propose a change

47 Transfer of higher education institutions to further education sector.

(1) The Secretary of State may by order provide for the transfer of a higher education corporation to the further education sector. (2) Where an order is made under this section in respect of a higher education corporation, sections 20 and 21 of this Act shall have effect as if, on the date the order has effect, the corporation were established as a further education corporation; and the order may make provision as to the initial name of the corporation as a further education corporation. (3) On such date as may be specified in the order the corporation shall cease to be a higher education corporation and become a further education corporation. (4) An order under section 28 of this Act in respect of any institution may revoke any order in respect of that institution under section 129 of the Education Reform Act 1988 (designation of institutions).

Propose a change

48 Statutory conditions of employment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

49 Avoidance of certain contractual terms.

(1) This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy. (2) In so far as a contract to which this section applies provides that the employee— (a) shall not be dismissed by reason of redundancy, or (b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under Part XI of the Employment Rights Act 1996, the contract shall be void and of no effect.

Propose a change

49A Consultation

(1) In exercising their functions the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers about consultation with— (a) persons who are or are likely to become students of the institution, or (b) employers, in connection with the taking of decisions affecting them. (2) Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

49B Destinations

(1) The Secretary of State may provide destination information to the governing body of an institution in England within the further education sector. (2) The Commission for Tertiary Education and Research may provide destination information to the governing body of an institution in Wales within the further education sector. (3) In this section “destination information”, in relation to an institution, means information which— (a) relates to a former student of the institution, and (b) includes information as to prescribed activities of the former student after leaving the institution. (4) Regulations under subsection (3)(b) which prescribe activities as to which the Commission for Tertiary Education and Research may provide information are to be made by the Welsh Ministers. (5) Subject to subsection (6)(a), information received under this section is not to be published in any form which identifies the individual to whom it relates. (6) This section— (a) does not affect any power to provide or publish information which exists apart from this section, and (b) is subject to any express restriction on the provision of information imposed by another enactment.

Propose a change

50 Information with respect to institutions within the further education sector.

(1) The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about— (a) the educational provision made or proposed to be made for their students, (b) the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments), (c) the financial and other resources of the institution and the effectiveness of the use made of such resources, and (d) the careers of their students after completing any course or leaving the institution. (2) For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show— (a) the numbers of students not undertaking any career, and (b) the persons providing students with education, training or employment. (3) The information shall be published in such form and manner and at such times as may be prescribed. (4) The published information shall not name any student to whom it relates. (5) In this section “prescribed” means prescribed by regulations.

Propose a change

51 Publication of proposals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

51A Duty to provide for named individuals: England

(1) This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19. (2) A local authority may by notice given to the governing body of such an institution— (a) require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes; (b) withdraw such a requirement. (3) A local authority may specify an individual in a notice under subsection (2) only if the individual— (a) is in the authority's area, and (b) is over compulsory school age but under the age of 19. (4) Before giving a notice under subsection (2) imposing a requirement on a governing body, a local authority must consult— (a) the governing body, and (b) such other persons as the authority think appropriate. (5) The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn. (6) In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a local authority in England must have regard to any guidance given from time to time by the Secretary of State.

Propose a change

← Find another law