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Further and Higher Education Act 1992

Sections244

Further and Higher Education Act 1992

1992 c. 13

An Act to make new provision about further and higher education.

Enacted[6th March 1992] E1
C1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C48C38C29C37

Part I  Further education

Chapter I  Responsibility for further education

The new funding councils

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The new further education sector

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance

F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further functions

F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjustment of local education authority sector

F1010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of further education in schools

F1212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

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Chapter II  Institutions within the further education sector

The further education corporations

I115  Initial incorporation of existing institutions.

1 Before the appointed day the Secretary of State shall by order specify—
a each educational institution maintained by a local authority which appears to him to fall within subsection (2) below, and
b each county school, controlled school or grant-maintained school which appears to him to fall within subsection (3) below.
2 An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. of its total enrolment number calculated in accordance with paragraph 1(2) of that Schedule.
3 An institution falls within this subsection if on 17th January 1991 not less than 60 per cent. of the pupils at the institution were receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
4 On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date.
5 The name given in the order under subsection (1) above as the name of the institution shall be the initial name of the body corporate.
6 Where an educational institution, being an institution maintained by a local authority or a grant-maintained school, has been established since 1st November 1990 or, as the case may be, 17th January 1991 by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) or, as the case may be, subsection (3) above if it would have done so if the merger had taken place before that date.
7 In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) above.

I216  Orders incorporating further institutions.

C61 The Secretary of State may by order make provision for the establishment of a body corporate—
a for the purpose of establishing and conducting an educational institution, or
b for the purpose of conducting an existing educational institution,
but shall not make an order in respect of an existing institution without the consent of the governing body.
2 Subsection (1) above does not apply to an institution which is maintained by a local authority.
3 The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
a is maintained by a local authority, and
b in his opinion, 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.
4 The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.
5 An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.

16A Publication of proposals

1 The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
2 A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.
3 In this section “the appropriate authority” means—
a in relation to a proposal or order in respect of an institution in England, the Secretary of State;
b in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.

I317 “Further education corporation” and “operative date”.

1 In this Act “further education corporation” means a body corporate established under section 15 or 16 of this Act or which has become a further education corporation by virtue of section 33D or 47 of this Act.
2 In this Part of this Act “operative date”, in relation to a further education corporation and the institution, means—
a in the case of a further education corporation established under section 15 of this Act, such date as the Secretary of State may by order appoint in relation to the corporations so established, and
b in the case of a further education corporation established under section 16 of this Act, such date as the Secretary of State may by order appoint in relation to that corporation.

I418  Principal powers of a further education corporation.

1 A further education corporation may—
a provide further and higher education, and
aa provide secondary education suitable to the requirements of persons who have attained the age of fourteeen years,
ab provide education which is secondary education by virtue of section 2(2B) of the M1Education Act 1996 (definition of secondary education),
ac participate in the provision of secondary education at a school,
b supply goods or services in connection with their provision of education,
and those powers are referred to in section 19 of this Act as the corporation’s principal powers.
1A A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local authorities as they consider appropriate.
2 For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education 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 of one of their students, arising out of their provision of education.
3 For the purposes of that subsection, services are supplied in connection with the provision of education by a further education 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
C47c they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
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I519  Supplementary powers of a further education corporation.

1 A further education corporation may do anything (including in particular the things referred to in subsections (2) to (4) below) 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 further education corporation may conduct an educational institution for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education and, in particular, may assume as from the operative date the conduct of the institution in respect of which the corporation is established.
3 A further education 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 (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties F21... ).
4 A further education 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,
bb form, participate in forming or invest in a company,
bc 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),
c 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 sections 27 to 27C or 33P of this Act and, in connection with such borrowing, may grant any mortgage, charge or other security in respect of any land or other property of the corporation,
d invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
e accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, and
f 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.
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F1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 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 further education sector for persons of his age.
7 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.
8 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.
9 A further education 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.

F37319A Duty in relation to promotion of well-being of local area

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I620  Constitution of corporation and conduct of the institution.

1 For every further education corporation established to conduct an educational institution there shall 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 institution, are to be conducted (to be known as articles of government).
2 Instruments of government and articles of government of further education corporations—
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 The validity of any proceedings of a further education corporation, or of any committee of the corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.
4 Every document purporting to be an instrument made or issued by or on behalf of a further education corporation 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.

I721  Initial instruments and articles.

1 As from the date on which a further education corporation is established, the instrument of government and articles of government—
F23a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24. . . shall be such as is prescribed by regulations.
2 Such F25. . . regulations—
a may provide for all or any of the persons who, on the date on which a corporation is established to conduct the F26. . . existing institution, are the members of the governing body of the institution to be the initial members of the corporation, and
b may make such other provision in relation to F27. . . existing institutions as appears to the Secretary of State necessary or desirable to secure continuity in their government.
3 In the case of a further education corporation established to conduct an institution which, on the date the corporation was established, was a maintained school, the governing body incorporated under section 19 of the Education Act 2002 shall, on the operative date, be dissolved.

I822 Subsequent instruments and articles

A further education corporation may modify or replace their instrument of government or articles of government.

22A  Charitable status of a further education corporation

A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).

Transfer of property, etc., to further education corporations

F31423  Transfer of property, etc.: institutions maintained by local authorities

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F31424  Provisions supplementary to section 23.

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F31425  Transfer of property, etc. from foundation bodies.

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F31426  Transfer of staff to further education corporations.

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Dissolution of further education corporations

I927  Proposals for dissolution of further education corporations

1 This section applies if a further education corporation propose that the corporation should be dissolved.
2 The corporation must publish—
a details of the proposal, and
b such other information as may be prescribed by regulations made by the appropriate authority.
3 The publication is to be in accordance with regulations made by the appropriate authority.
4 The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority.
5 In this section, “the appropriate authority” means—
a in relation to a further education corporation in England, the Secretary of State, and
b in relation to a further education corporation in Wales, the Welsh Ministers.

27A Dissolution of further education corporations

1 This section and section 27B apply if, after complying with section 27, a further education 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 appropriate authority of the resolution and the dissolution date as soon as reasonably practicable.
4 The corporation are dissolved on the dissolution date.
5 In this section, “the appropriate authority” has the meaning given in section 27.
6 See also section 27C (restrictions on dissolution in insolvency situations).

27B Dissolution of further education 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 by regulations made by the appropriate authority.
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 Subsection (5) 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.
5 Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
6 In this section, “the appropriate authority” has the meaning given in section 27.

27C Restrictions on dissolution in insolvency situations

1 A further education corporation have no power under section 27A 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 further education 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 further education corporation by virtue of section 6 of the Technical and Further Education Act 2017.

Designation of institutions for funding by the councils

I1028  Designation of institutions.

1 The appropriate authority may by order designate for the purposes of this section any educational institution principally concerned with the provision of one or both of the following—
a full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, and
b courses of further or higher education,
if the institution meets the requirements of subsection (2) below.
2 The institution must be one of the following—
a a voluntary aided school (other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998),
F31b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c an institution which is grant-aided or eligible to receive aid by way of grant or
d an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.
3 For the purposes of subsection (2)(c) above an institution is grant-aided or eligible to receive aid by way of grant if it is maintained by persons other than local authorities who—
a receive any grants under regulations made under section 485 of the Education Act 1996, or
b are eligible to receive such grants.
3A The appropriate authority shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local authority.
3B In this section “the appropriate authority”—
a in relation to an educational institution in England, means the Secretary of State;
b in relation to an educational institution in Wales, means the Welsh Ministers.
4 In this Part of this Act “designated institution” means an institution in relation to which a designation under this section has effect.

I1129 Government and conduct of designated institutions

1 This section applies to a designated institution, other than—
a an institution conducted by a company, or
b an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption.
2 For each designated institution to which this section applies, there is to 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).
3 In sections 29A to 29C—
  • “instrument” means an instrument of government or articles of government;
  • “regulatory instrument”, in relation to an institution, means—
    1. an instrument of government or articles of government, or
    2. any other instrument relating to or regulating the institution.

29A First post-designation instruments and articles of designated institutionsF399...

1 The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3)F153....
2 The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect.
3 The instrument must meet one of the following requirements—
a the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority;
b the instrument—
i is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and
ii (in either case) is approved for the purposes of this section by the appropriate authority;
c the instrument is made by the appropriate authority by order.
4 An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument.
5 Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult—
a the governing body of the institution, and
b where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.
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7 In this section “the appropriate authority”—
a in relation to an institution in England, means the Secretary of State;
b in relation to an institution in Wales, means the Welsh Ministers.

29B Changes to instruments and articles

1 This section applies to a designated institution to which section 29 applies.
2 The governing body of the institution may modify or replace its instrument of government and articles of government.
3 If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution.
4 The instrument of government and articles of government (as modified or replaced)—
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.

30  Special provision for certain institutions.

1 Notwithstanding anything in sections 29 to 29B of this Act, the instrument of government of a designated institution to which this section applies must provide—
a for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
b for the majority of members of the governing body to be such governors.
2 This section applies to—
a an institution which, when designated, was a voluntary aided school, and
b an institution specified, or falling within a class specified, by the Secretary of State by order.
3 The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
4 The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.

I1231  Designated institutions conducted by companies.

1 This section has effect in relation to any designated institution in Wales 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).
F2182A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The Secretary of State may give to the persons who appear to him to have effective control over the company such directions as he thinks 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 he 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 Secretary of State for his approval and he has notified his approval to the company.
5 Before giving any directions under subsection (3) above the Secretary of State shall consult the persons who appear to him to have effective control over the company.

F20732  Transfer of property, etc., to designated institutions.

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F45633  Provisions supplementary to section 32.

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Sixth form college corporations: England

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.

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).

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.

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, F356...
F356 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2884 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.

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.

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.
F4437 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F355... 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.

F40933G Further provision about supplementary powers

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F15433H Duty in relation to promotion of well-being of local area

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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 F190...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.

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.

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.

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.

33M Charitable status of a sixth form college corporation

A sixth form college corporation is a charity F452... (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).

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.

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).

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).

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.

Property, rights and liabilities: general

F30534  Making additional property available for use.

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F29235  Voluntary transfers of staff in connection with section 34.

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F21936  General provisions about transfers under Chapter II.

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F27437  Attribution of surpluses and deficits.

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F18338  Payments ... in respect of loan liabilities.

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39  Control of disposals of land.

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40  Wrongful disposals of land.

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41  Control of contracts.

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42  Wrongful contracts.

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36243  Remuneration of employees.

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Miscellaneous

I13C3944  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).
C312A 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.
F406 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).

I1445  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.
F476 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).

I1546  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—
C7a 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.

I1647  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 M2Education Reform Act 1988 (designation of institutions).

48  Statutory conditions of employment.

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1749  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.

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.
F2203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

I1850  Information with respect to institutions within the further education sector.

C81 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.

F231I1951  Publication of proposals.

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C27C41C28C43C4251A 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.

I20C952  Duty to provide for named individuals: Wales

1 This section applies where an institution in Wales within the further education sector provides F51... education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
2 The F235... National Assembly for Wales may by notice given to the governing body of such an institution—
a require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or
b withdraw such a requirement.
3 The governing body of such an institution shall, for any academic year in respect of which they receive financial support from the F444... National Assembly for Wales, secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by the F261... National Assembly for Wales under subsection (2) above and has not been withdrawn.

52A  Duty to safeguard pupils receiving secondary education.

1 This section applies where secondary education is provided to persons of compulsory school age—
a by a further education corporation by virtue of section 18(1)(aa) or (ab) of this Act,
aa by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act, or
b by a designated institution in pursuance of arrangements made—
i by a local authority, or
ii by the governing body of a school on behalf of such an authority.
2 The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any persons of compulsory school age are for the time being receiving secondary education.

52B Duty to review provision in relation to local needs: England

1 The governing body of an institution in England within the further education sector must—
a from time to time review how well the education or training provided by the institution meets local needs, and
b in light of that review, consider what action the institution might take (alone or in conjunction with action taken by one or more other educational institutions) in order to meet those needs better.
2 In carrying out its review, the governing body must have regard to any guidance published under this section by the Secretary of State.
3 The governing body must publish its review on the institution’s website.

I2153  Inspection of accounts.

1 The accounts of—
a any further education corporation,
aa any sixth form college corporation, and
b any designated institution,
shall be open to the inspection of the Comptroller and Auditor General.
C102 In the case of any such corporation or institution—
a the power conferred by subsection (1) above, and
b the powers under sections 6 and 8 of the M3National 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 grants, loans or other payments are made to them under section 15ZA or 18A of the Education Act 1996, section 14 of the Education Act 2002 or section F413... 100 of the Apprenticeships, Skills, Children and Learning Act 2009.

Chapter III  General

54  Duty to give information.

1 Each of the following must give the Secretary of State such information as the Secretary of State may require for purposes connected with further education—
a a local authority in England,
b the governing body of any institution maintained by a local authority in England,
c the governing body of a city technology college in England, a city college for the technology of the arts in England or an Academy,
d the governing body of any institution in England within the further education sector or the higher education sector, and
e any person or body who—
i provides further education, and
ii is receiving or has received funding to do so from the Secretary of State, a local authority in England , a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
2 Each of the following must give the Welsh Ministers such information as the Welsh Ministers may require for the purposes of the exercise of any of the Welsh Ministers' functions under any enactment—
a a local authority,
b the governing body of any institution maintained by a local authority, and
c the governing body of any institution within the further education sector or the higher education sector.
3 Such information relating to the provision which has been made by a local authority in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under regulations under section 492 or 493 of the Education Act 1996 shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.

I22C2655  Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State.

F541 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F542 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F543 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In relation to any local authority institution maintained or assisted by them, a local authority—
a shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and
b may cause an inspection to be made by persons authorised by them.
5 A local authority shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.
6 A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7 In this section—
F55a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c “local authority institution” means an educational institution, other than a school, maintained or assisted by a local authority.

F5656 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56A Intervention: England

1 This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—
a an institution in England within the further education sector, other than a sixth form college, or
b an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,
and, in either case, it is immaterial whether or not a complaint is made by any person.
2 The matters are—
a that the institution's affairs have been or are being mismanaged by the institution's governing body;
b that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
c that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
d that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
e that the education or training provided by the institution did not, or does not, adequately meet local needs.
2A For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the institution when the education or training was provided.
2B An approved local skills improvement plan applies to an institution if the institution provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
2C Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
3 If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
F3644 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 At the same time as doing one or more of those things the Secretary of State must give the institution's governing body a notice stating—
a the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
b the reasons why the Secretary of State is so satisfied;
c the reasons why the Secretary of State has decided to do that thing or those things.
6 The Secretary of State may—
a remove all or any of the members of the institution's governing body;
b appoint new members of that body if there are vacancies (however arising);
c give to that body such directions as the Secretary of State thinks expedient as to the exercise of their powers and performance of their duties.
7 The directions that may be given to a governing body under this section include —
a a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
b a direction requiring a governing body to make a resolution under section 27A(1) , or take such other steps specified in the direction as may be required, for the body to be dissolved on a date specified in the direction.
c a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
7A A governing body to which a direction is given requiring the body to make a resolution under section 27A(1)—
a is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction, and
b must, unless the Secretary of State directs otherwise, exercise its powers under section 27B to transfer property, rights or liabilities on the dissolution date.
7B A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
8 Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
9 The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
9A Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
9B Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
9C The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
F22310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 A governing body must comply with any directions given to them under this section.
12 An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F27056AA Appointment by Chief Executive of Skills Funding of members of governing body of further education institutions

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F27356B Intervention policy: England

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F32856C Directions

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F28156D Notification by local authority or YPLA of possible grounds for intervention

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56E Intervention by Secretary of State : sixth form colleges

1 This section applies in relation to a sixth form college if the Secretary of State is satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.
2 The matters are—
a that the sixth form college's affairs have been or are being mismanaged by its governing body;
b that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
c that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
d that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.
e that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.
2A For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the sixth form college when the education or training was provided.
2B An approved local skills improvement plan applies to a sixth form college if the college provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
2C Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
3 If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
4 Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).
4A Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—
a the trustees of the sixth form college, and
b each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.
4B After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—
a what the Secretary of State has decided to do;
b the reasons for the decision.
5 If the Secretary of State does one or more of the things listed in subsection (6), the Secretary of State must at the same time give the sixth form college's governing body a notice stating—
a the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
b the reasons why the Secretary of State has decided to do that thing or those things.
6 The Secretary of State may—
a remove all or any of the members of the sixth form college's governing body;
b appoint new members of that body if there are vacancies (however arising);
c give to that body such directions as the Secretary of State thinks expedient as to the exercise of the body's powers and performance of the body's duties.
7 The directions that may be given to a governing body under this section include —
a a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
b a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.
c a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
7A A governing body to which a direction such as is mentioned in subsection (7)(b) is given—
a is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and
b must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.
7B A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
8 Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
9 The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
9A Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
9B Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
9C The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
F38610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 A governing body must comply with any directions given to them under this section.
12 An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

F40356F Appointment by local authorities of members of sixth form college governing body

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F37156G Intervention policy: sixth form colleges

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F17056H Intervention by YPLA

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F38856I Appointment by YPLA of members of sixth form college governing body

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F25556J Notification by Chief Executive of Skills Funding of possible grounds for intervention

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57  Intervention : Wales

1 This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution in Wales within the further education sector; and it is immaterial whether or not a complaint is made by any person.
2 These are the conditions—
a the Welsh Ministers are satisfied that the institution’s affairs have been or are being mismanaged by its governing body;
b they are satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act or any Measure of the National Assembly for Wales;
c they are satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act or any Measure of the National Assembly for Wales;
d they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
F395C113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 If this section applies the Welsh Ministers may by order—
a declare which of the conditions is (or are) satisfied, and
b do one or more of the things listed in subsection (5).
5 They may—
a remove all or any of the members of the institution’s governing body;
b appoint new members of that body if there are vacancies (however arising);
c give to that body such directions as they think expedient as to the exercise of their powers and performance of their duties.
5A The directions that may be given to a governing body under this section include —
a a direction requiring a governing body to exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons and on such terms as may be specified in the direction., and
b a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction.
5B A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.
6 Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.
6A The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
6B But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
7 A governing body must comply with any directions given to them under this section.
8 An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
F3119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18657A Intervention policy: Wales

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F30258  Reorganisations of schools involving establishment of further education corporation.

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F5859 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60  Saving as to persons detained by order of a court.

F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5960A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2361  Interpretation of Part I.

1 In this Part of this Act—
  • “functions” includes powers and duties,
  • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, and
  • “regulations” means regulations made by the Secretary of State or the Welsh Ministers.
2 References in this Part of this Act, except section 26, to the transfer of any person’s rights or liabilities do not include—
a rights or liabilities under a contract of employment, or
b liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.
3 In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act—
C12a to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the M4Education Act 1944, and
F251b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21161A  References to appropriate bodies

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Part II  Higher education

The new funding councils

I24C4562 The Higher Education Funding Council for Wales.

F3491 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3493 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3494 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and
b shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
F4235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C137 In this Part of this Act references to F335... institutions in Wales—
a are to institutions whose activities are carried on, or principally carried on, in F271... Wales, but
b include F162... the Open University.
7A In exercising their functions, the HEFCW shall have regard to the requirements of disabled persons.
7B In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the Equality Act 2010.
C148 Any dispute as to whether any functions are exercisable by the HEFCW or the Office for Students shall be determined by the Secretary of State.
F3499 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2I2563  Dissolution of existing councils.

1 On the appointed day—
a the Universities Funding Council and the Polytechnics and Colleges Funding Council (referred to in this section as the “existing councils”) shall be dissolved, and
b all property, rights and liabilities to which either of the existing councils were entitled or subject immediately before that date shall become by virtue of this section property, rights and liabilities of the Higher Education Funding Council for England,
but this subsection does not apply to rights or liabilities under a contract of employment.
2 Where—
a immediately before the appointed day, a person (referred to below as “the employee”) is employed by an existing council (referred to below as “the existing employer”) under a contract of employment which would have continued but for the dissolution of the existing employer, and
b the employee is designated for the purposes of this section by an order made by the Secretary of State,
the contract of employment shall not be terminated by that dissolution but shall have effect as from the appointed day as if originally made between the employee and the new employer.
3 In this section “the new employer”, in relation to the employee, means such higher education funding council as may be specified in relation to the employee by the order designating him for the purposes of this section; and in this subsection “higher education funding council” includes the Scottish Higher Education Funding Council.
4 Without prejudice to subsection (2) above, where that subsection applies—
a all the existing employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred on the appointed day to the new employer, and
b anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall as from that date be treated as having been done by or in relation to the new employer.
5 Subsections (2) and (4) above are without prejudice to any right of the 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.
6 An order under this section may designate a person either individually or as a member of a class or description of employees.
7 In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of this section.

F30964  Transitional arrangements.

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Funds

I26C4665  Administration of funds by the HEFCW.

1 The HEFCW shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to the HEFCW by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.
2 The activities eligible for funding under this section are—
a the provision of education and the undertaking of research by higher education institutions in the HEFCW's area,
b the provision of any facilities, and the carrying on of any other activities, by higher education institutions in their area which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research,
c the provision—
i by institutions in their area maintained or assisted by local authorities, or
ii by such institutions in their area as are within the further education sector,
of prescribed courses of higher education, and
d the provision by any person of services for the purposes of, or in connection with, the provision of education or the undertaking of research by institutions within the higher education sector.
3 The HEFCW may—
C15a make grants, loans or other payments to the governing body of any higher education institution in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above, and
b make grants, loans or other payments to any persons in respect of expenditure incurred or to be incurred by them for the purposes of the provision as mentioned in subsection (2)(c) above of prescribed courses of higher education or the provision of services as mentioned in subsection (2)(d) above,
subject in each case to such terms and conditions as the HEFCW think fit.
3A In the application of subsection (3) above to any grants, loans or other payments by the HEFCW, the reference to expenditure incurred or to be incurred by the governing body of a higher education institution as mentioned in paragraph (a) of that subsection includes a reference to expenditure incurred or to be incurred by any connected institution to which the governing body propose, with the consent of the HEFCW, to pay the whole or part of any such grants, loans or other payments.
3B In subsection (3A) “connected institution”, in relation to a higher education institution, means any college, school, hall or other institution which the HEFCW are satisfied has a sufficient connection with that institution for the purposes of that subsection.
4 The terms and conditions on which the HEFCW may make any grants, loans or other payments under this section may in particular—
a enable the HEFCW to require the repayment, in whole or in part, of sums paid by the HEFCW if any of the terms and conditions subject to which the sums were paid is not complied with, and
b require the payment of interest in respect of any period during which a sum due to the HEFCW in accordance with any of the terms and conditions remains unpaid,
but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from the HEFCW.
F1404A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1404B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this section and section 66 of this Act “higher education institution” means a university, an institution conducted by a higher education corporation or a designated institution.

I27C3366  Administration of funds: supplementary.

1 Before exercising their discretion under section 65(3)(a) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, the HEFCW shall consult such of the following bodies as appear to the HEFCW to be appropriate to consult in the circumstances—
a such bodies representing the interests of higher education institutions as appear to the HEFCW to be concerned, and
b the governing body of any particular higher education institution which appears to the HEFCW to be concerned.
2 In exercising their functions in relation to the provision of financial support for activities eligible for funding under section 65 of this Act the HEFCW shall have regard to the desirability of not discouraging any institution for whose activities financial support is provided under that section from maintaining or developing its funding from other sources.
3 In exercising those functions the HEFCW shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining—
a what appears to them to be an appropriate balance in the support given by them as between institutions which are of a denominational character and other institutions, and
b any distinctive characteristics of any institution within the higher education sector for whose activities financial support is provided under that section.
4 For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to the HEFCW that either—
a at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,
b any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or
c any of the property held for the purposes of the institution is held on trust for or in connection with—
i the provision of education, or
ii the conduct of an educational institution,
in accordance with the tenets of a religion or religious denomination.

I2867  Payments in respect of persons employed in provision of higher or further education.

1 In section 133 of the M5Education Reform Act 1988 (payments by PCFC in respect of persons employed in the provision of higher or further education) for subsection (1) there is substituted—
2 In subsection (2)(a) of that section (meaning of relevant expenditure) after “education authority” there is inserted “ the London Residuary Body or the London Pensions Fund Authority ”.
3 At the end of subsection (3) of that section (meaning of references to higher and further education) there is added “ 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 In subsection (4) of that section (duty to give information) after paragraph (a) there is inserted—
.
5 That section as originally enacted shall have effect, or be treated as having had effect, as if—
a in subsection (1), in relation to anything done before regulations for the purposes of that subsection were in force, the words “of any class or description prescribed for the purposes of this section” were omitted, and
b in subsections (1) and (2) the references to a local authority included the London Residuary Body and the London Pensions Fund Authority.

F20968  Grants to the HEFCW.

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Further functions

I29C3069  Supplementary functions.

F4371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3451A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3451B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The HEFCW shall keep under review activities eligible for funding under section 65 of this Act.
F4373 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4375 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4376 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4377 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F387I3070  England: assessment of quality of education provided by institutions.

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Institutions in the higher education sector

I3171  Higher education corporations: constitution and conduct.

1 After section 124 of the M6Education Reform Act 1988 there is inserted—
2 In section 125 of that Act (articles of government) for “the Secretary of State” (in each place where it appears) there is substituted “ the Privy Council ”; but nothing in this subsection requires further approval to be given for anything approved by the Secretary of State under that section before the commencement of this subsection.
3 In Schedule 7 to that Act (constitution of higher education corporations)—
a at the end of paragraph 7 (appointments) there is added—
, and
b in paragraph 18 (accounts) after sub-paragraph (2) there is inserted—
4 After that Schedule there is inserted the Schedule set out in Schedule 6 to this Act.

I3272  Further power of designation.

1 In section 129 of the M7Education Reform Act 1988 (designation of institutions)—
a for subsections (1) and (2) there is substituted—
, and
b subsections (3) and (4) of that section are omitted.
2 An order in force immediately before the commencement of subsection (1) above designating an institution as falling within subsection (3) of that section shall have effect as if made under that section as amended by subsection (1) above.
3 In this Part of this Act “designated institution” means an institution in relation to which a designation made, or having effect as if made, under section 129 of that Act has effect.

I3373  Government and conduct of designated institutions.

1 After section 129 of the M8Education Reform Act 1988 there is inserted—
2 Section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated institutions.

I3474  Transfer of further education institutions to higher education sector.

1 After section 122 of the M9Education Reform Act 1988 (orders incorporating higher education institutions maintained by local authorities) there is inserted—
2 An order under section 129 of the M10Education Reform Act 1988 (designation of institutions for the purposes of the higher education sector) in respect of any institution may revoke any order in respect of that institution under section 28 of this Act.

I3575  Variation of trust deeds.

In section 157 of the M11Education Reform Act 1988 (variation of trust deeds, etc.) for subsections (1) to (3) (variations by Secretary of State in connection with institutions in the higher education sector or designated assisted institutions) there is substituted—

I3676  Power to award degrees, etc.

1 The Privy Council may by order
a specify any institution which provides higher education as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) and (b) below;
b specify any institution F438... within the further education sector as competent to grant in pursuance of this section an award of the kind mentioned in subsection (2A) below.
2 The kinds of award referred to in subsection (1)(a) above are—
a awards granted to persons who complete an appropriate course of study and satisfy an appropriate assessment, and
b awards granted to persons who complete an appropriate programme of supervised research and satisfy an appropriate assessment,
and in this section “award” means any degree, diploma, certificate or other academic award or distinction and “assessment” includes examination and test.
2A The kind of award referred to in subsection (1)(b) above is a foundation degree granted to persons who complete an appropriate course of study and satisfy an appropriate assessment.
2B Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—
a the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and
b the Privy Council considers that the proposals are satisfactory and are likely to be carried out.
3 An institution for the time being specified in such an order may grant any award of a kind mentioned in subsection (2)(a) or (b) or (2A) above which it is competent to grant by virtue of the order to persons who complete the appropriate course of study or, as the case may be, programme of supervised research on or after the date specified in the order.
4 An institution specified in such an order as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above may also—
a grant honorary degrees, and
b grant degrees to members of the academic and other staff of the institution.
4A An institution specified in such an order as competent to grant in pursuance of this section the kind of award mentioned in subsection (2A) above may also—
a grant honorary foundation degrees, and
b grant foundation degrees to members of the academic and other staff of the institution.
5 Subject to subsection (5A) below, any power conferred on an institution to grant awards in pursuance of this section includes power—
a to authorise other institutions to do so on behalf of the institution,
b to do so jointly with another institution, and
c to deprive any person of any award granted to him by or on behalf of the institution in pursuance of this section (or, in the case of an award granted to him by the institution and another institution jointly, to do so jointly with the other institution).
5A An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution's power to grant such awards does not include the power described in subsection (5)(a) above.
6 Subject to subsection (6A) below, it shall be for the institution to determine in accordance with any relevant provisions of the instruments relating to or regulating the institution the courses of study or programmes of research, and the assessments, which are appropriate for the grant of any award and the terms and conditions on which any of the powers conferred under this section may be exercised.
6A An order under subsection (1) above specifying an institution as competent to grant in pursuance of this section only the kind of award mentioned in subsection (2A) above may provide that the institution is not to grant such an award to a person unless he was enrolled at the institution at the time he completed the course of study for which the award is granted.
7 Section 124D of the M12Education Reform Act 1988 applies in relation to orders under subsection (1) above as it applies in relation to the exercise of powers for the purposes of Part II of that Act.

I3777  Use of “university” in title of institution.

A1 Where—
a power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution,
b the educational institution is a registered higher education provider, and
c the power is exercisable with the consent of the Privy Council,
then, the power may be exercised so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body, but only if the Office for Students (instead of the Privy Council) consents to that exercise of the power.
1 Where—
a power is conferred by any enactment or instrument to change the name of any educational institution or any body corporate carrying on such an institution, and
b the educational institution is in Wales and is within the higher education sector,
then, if the power is exercisable with the consent of the Privy Council, it may F467... be exercised with the consent of the Privy Council so as to include the word “university” in the name of the institution and, if it is carried on by a body corporate, in the name of the body.
1A Subsections (A1) and (1) apply whether or not the educational institution would, apart from this section, be a university.
2 The reference in subsection (A1) or (1) above to a power to change the name of an institution or body includes any power (however expressed and whether or not subject to any conditions or restrictions) in the exercise of which the name of the institution or body may be changed; but the power as extended by subsections (A1) and (1) has effect subject to any such conditions or restrictions.
3 In exercising any power exercisable by virtue of this section to consent to a change in any name the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.
3A In exercising its power to give consent under subsection (A1), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.
3B Before giving guidance under subsection (3A), the Secretary of State must consult—
a bodies representing the interests of English higher education providers,
b bodies representing the interests of students on higher education courses provided by English higher education providers, and
c such other persons as the Secretary of State considers appropriate.
4 Any educational institution whose name includes the word “university” by virtue of the exercise of any power as extended by subsection (A1) or (1) above is to be treated as a university for all purposes , unless in that name that word is immediately followed by the word “college” or “collegiate”.
5 In this section, “English higher education provider”, “higher education course” and “registered higher education provider” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see sections 83 and 85 of that Act).
6 For the purposes of subsection (1), an educational institution is in Wales if the institution's activities are carried on, or principally carried on, in Wales.

I3878  Financial years of higher education corporations : Wales.

1 If the Secretary of State directs that any financial year specified in the direction of the higher education corporations in Wales, and subsequent financial years, are to begin with a date specified in the direction, then—
a the financial year of the corporations immediately preceding the year specified in the direction shall end immediately before the date specified in the direction, and
b the financial year specified in the direction and subsequent financial years shall be each successive period of twelve months.
2 Section 124B(7) of, and paragraph 18 of Schedule 7 to, the M13Education Reform Act 1988 (financial years) shall have effect subject to this section.
3 In this section “higher education corporation in Wales” means a higher education corporation established to conduct an institution whose activities are carried on, or principally carried on, in Wales.

General

F38479  Duty to give information to the HEFCW.

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F33779A Power to request information from higher education institutions that are exempt charities

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F28480  Dissolution of Council for National Academic Awards.

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F47581  Directions.

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Part III  Miscellaneous and general

E3I39C17C1882  Joint exercise of functions.

F4421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4421A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4421B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State for the assessment by a person appointed by them of matters relating to the arrangements made by each institution in Wales and Scotland which is within the higher education sector for maintaining academic standards in the institution.
2A The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish Further and Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.
3 In this section—
a “relevant authority” means the Commission for Tertiary Education and Research or the Scottish Further and Higher Education Funding Council, and
b references to institutions within the higher education sector include institutions within the higher education sector within the meaning of Part II of the M14Further and Higher Education (Scotland) Act 1992.

I40C4083  Efficiency studies.

1 A person listed in an entry in column 1 of the table in subsection (1B) may arrange for efficiency studies to be promoted or carried out by any person in respect of an institution listed in the corresponding entry in column 2 of that table.
1A “Efficiency studies” are studies designed to improve economy, efficiency and effectiveness in the management or operations of an institution.
1B The table referred to in subsection (1) is—
PersonInstitution
F476. . .F476. . .
The Secretary of State An institution in England within the further education sector, other than a sixth form college
The Secretary of State A sixth form college
F476. . .F476. . .
C192 A person promoting or carrying out efficiency studies at the request of a person listed in an entry in column 1 of the table in subsection (1B) may require the governing body of the institution concerned—
a to furnish the person, or any person authorised by him, with such information, and
b to make available to him, or any person so authorised, for inspection their accounts and such other documents,
as the person may reasonably require for that purpose.

I4184  Effect of agreements made before date of transfer.

C201 This section applies where—
a (apart from this section) any land or other property of a local authority would on any date (“the date of transfer”) be transferred under F297...Part II of the M15Education Reform Act 1988 to the governing body of an institution within the further education sector or the higher education sector, and
b at any time before that date the authority, the governing body of the institution and the governing body of any other institution which will on that date be an institution within the further education sector or the higher education sector have agreed in writing that the land or property should be transferred on that or a subsequent date to the governing body of that other institution.
2 If the Secretary of State has approved the agreement at any time before the date of transfer, F283... Part II of the M16Education Reform Act 1988 shall have effect as if they required the property to be transferred in accordance with the agreement.
3 References in this section to anything done include anything done before the passing of this Act.
4 In this section “local authority” includes a non-metropolitan district council for an area for which there is a county council.

I4285  Finance and government of locally funded further and higher education.

1 Chapter III of Part II of the M17Education Reform Act 1988 (finance and government of locally funded further and higher education) shall cease to have effect; and section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated assisted institutions.
2 A local authority shall have the following powers in relation to any institution, not within the further education sector or the higher education sector, which is maintained by them in the exercise of their further or higher education functions.
3 The authority may—
a make such provision as they think fit in respect of the government of the institution (including replacing any instrument of government or articles of government of the institution made under that Chapter or that section), and
b delegate to the governing body of the institution such functions relating to the management of the finances of the institution, and such other functions relating to the management of the institution (including the appointment and dismissal of staff), as the authority may determine.

85A  Nuisance or disturbance on educational premises

1 Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2 This section applies to premises, including playing fields and other premises for outdoor recreation, of—
a any institution (other than a school) which is maintained by a local authority and provides further education or higher education (or both), F374...
b any institution within the further education sector, and
c any 16 to 19 Academy.
3 If—
a a police constable, or
b a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
4 In subsection (3) “the appropriate authority” means—
a in relation to premises of an institution such as is mentioned in subsection (2)(a), a local authority, F165...
b in relation to premises of an institution within the further education sector, the governing body, and
c in relation to premises of a 16 to 19 Academy, the proprietor.
5 No proceedings under this section shall be brought by any person other than—
a a police constable, or
b an authorised person.
6 In subsection (5) “authorised person” means—
a in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a local authority, F239...
b in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings, and
c in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.

85AA Power of members of staff to search students for prohibited items: England

1 This section applies where a member of staff of an institution within the further education sector in England , or a 16 to 19 Academy, —
a has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
b falls within section 85AB(1).
2 The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
3 For the purposes of this section and section 85AC each of the following is a “prohibited item”—
a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
c alcohol, within the meaning of section 191 of the Licensing Act 2003;
d a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;
e a stolen article;
ea an article that the member of staff reasonably suspects has been, or is likely to be, used—
i to commit an offence, or
ii to cause personal injury to, or damage to the property of, any person (including S);
f an article of a kind specified in regulations.
4 In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
5 A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
6 In this section and section 85AB—
  • “member of staff”, in relation to an institution within the further education sector or a 16 to 19 Academy , means any person who works at that institution whether or not as its employee;
  • “possessions”, in relation to S, includes any goods over which S has or appears to have control.
7 The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

85AB Power of search under section 85AA: supplementary

1 A person may carry out a search under section 85AA only if that person—
a is the principal of the institution; or
b has been authorised by the principal to carry out the search.
2 An authorisation for the purposes of subsection (1)(b) may be given in relation to—
a searches under section 85AA generally;
b a particular search under that section;
c a particular description of searches under that section.
3 Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England , or a principal of a 16 to 19 Academy, to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
4 A search under section 85AA may be carried out only where—
a the member of staff and S are on the premises of the institution; or
b they are elsewhere and the member of staff has lawful control or charge of S.
5 A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
6 A person carrying out a search of S under section 85AA—
a may not require S to remove any clothing other than outer clothing;
b must be of the same sex as S , unless the condition in subsection (6A) is satisfied ;
c may carry out the search only in the presence of another member of staff , unless the condition in subsection (6A) is satisfied ; and
d must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
6A The condition is satisfied if—
a the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).
7 S's possessions may not be searched under section 85AA except in the presence of—
a S; and
b another member of staff , unless the condition in subsection (7A) is satisfied .
7A The condition is satisfied if—
a the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.
8 In this section—
  • “member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
  • “outer clothing” means—
    1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
    2. a hat, shoes, boots, gloves or a scarf.

85AC Power to seize items found during search under section 85AA

1 A person carrying out a search under section 85AA may seize any of the following found in the course of the search—
a anything which that person has reasonable grounds for suspecting is a prohibited item;
b any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,
but may not seize alcohol from S under this section where S is aged 18 or over.
2 A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
3 A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
4 A person who seizes a controlled drug under subsection (1)—
a must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b may dispose of it if the person thinks that there is a good reason to do so.
5 A person who seizes a stolen article under subsection (1)—
a must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
b may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
6 In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
6A A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—
a deliver the item to a police constable as soon as reasonably practicable,
b return the item to its owner,
c retain the item, or
d dispose of the item.
In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
6B Subsections (6C) and (6D) apply to an item that—
a has been seized under subsection (1),
b is a prohibited item by virtue of section 85AA(3)(ea), and
c is an electronic device.
6C The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.
6D Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.
6E In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.
7 Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
8 A person who, under subsection (1), seizes—
a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
b an offensive weapon; or
c anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
9 Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
10 In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

85AD Section 85AC: supplementary

1 The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) , (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
2 Subsection (3) applies where a person—
a seizes, retains or disposes of an item within subsection (2A) under section 85AC; and
b proves that the seizure, retention or disposal was lawful.
2A The items referred to in subsection (2)(a) are—
a alcohol or its container;
b a controlled drug;
c a stolen article;
d an article that is a prohibited item by virtue of section 85AA(3)(ea).
2B Subsection (3) also applies where a person—
a erases data or a file from an electronic device under section 85AC(6D); and
b proves that the erasure was lawful.
3 That person is not liable in any proceedings in respect of—
a the seizure, retention , disposal or erasure ; or
b any damage or loss which arises in consequence of it.
4 Subsections (2) , (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
5 Regulations under section 85AC(7) may make provision corresponding to any provision of this section.

C4485B Power to search further education students for weapons : Wales

1 A member of staff of an institution within the further education sector in Wales who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—
a an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or
b an offensive weapon (within the meaning of the Prevention of Crime Act 1953),
may search that student or his possessions for such articles and weapons.
2 A search under this section may be carried out only where—
a the member of staff and the student are on the premises of the institution; or
b they are elsewhere and the member of staff has lawful control or charge of the student.
3 A person may carry out a search under this section only if—
a he is the principal of the institution; or
b he has been authorised by the principal to carry out the search.
4 A person who carries out a search of a student under this section—
a may not require the student to remove any clothing other than outer clothing;
b must be of the same sex as the student; and
c may carry out the search only in the presence of another member of staff who is also of the same sex as the student.
5 A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.
6 If, in the course of a search under this section, the person carrying out the search finds—
a anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
b any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
he may seize and retain it.
7 A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
8 A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
9 The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
10 An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
11 In this section—
  • ‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
  • ‘outer clothing’ means—
    1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
    2. a hat, shoes, boots, gloves or a scarf;
  • ‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
12 The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.

C3285C Power of members of staff to use force

1 A member of the staff of an institution which is within the further education sector or is a 16 to 19 Academy may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—
a committing any offence,
b causing personal injury to, or damage to the property of, any person (including the student himself), or
c prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.
2 The power conferred by subsection (1) may be exercised only where—
a the member of the staff and the student are on the premises of the institution, or
b they are elsewhere and the member of the staff has lawful control or charge of the student.
3 Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.
4 The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
5 In this section, “member of the staff”, in relation to an institution within the further education sector or a 16 to 19 Academy, means any person who works at that institution whether or not as its employee.

F6386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4387  Transfers of property, etc: supplementary provision.

Schedule 7 to this Act has effect to supplement the provisions of this Act relating to the transfer of property, rights and liabilities.

I4488  Stamp duty.

1 Subject to subsection (2) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: F445... 27B, 27C, F453... 33P, 34, 40(5) and (7), 63 and 80.
2 No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M18Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M19Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

88A Stamp duty land tax

1 A land transaction effected under or by virtue of section F466... 27B, 27C, F393... 33P or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.
2 Relief under this section must be claimed in a land transaction return or an amendment of such a return.
3 In this section—
  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
  • “land transaction return” has the meaning given by section 76(1) of that Act.

I4589  Orders, regulations and directions.

1 Any power F203...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.
2 For the purposes of subsection (1) above the excepted provisions are sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and sections F304... 29A(3)(c), F304... 30(2)(b), 33A(5)(b), 33J(2), 33K(1), 38, 44(2)(c), 46 and 57; but section 14 of the M20Interpretation Act 1978 (implied power to amend) applies to orders made under those sections F411... as it applies to orders made by statutory instrument.
3 A statutory instrument containing any order or regulations under this Act, other than one falling within subsection (3A) or (3B) or an order under section 94, shall be subject to annulment in pursuance of —
a in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;
b in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.
3A A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3B An order falls within this subsection if—
a it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or
b it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).
3C An order made by the Secretary of State under section 28 or 29(1)(b) is to be published in such manner as the Secretary of State considers appropriate.
4 Orders or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person or body making the order or regulations thinks fit.
5 Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a local authority under that Act.
6 This section applies in relation to an order made by the Secretary of State under section 28 or 29(1)(b) that revokes or varies an order under those provisions made before the coming into force of section 32(3) of the Skills and Post-16 Education Act 2022 as if—
a in subsection (2), the words “sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and” were omitted, and
b subsection (3C) were omitted.

I4690  Interpretation.

1 In this Act—
  • “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment,
  • “the Education Acts” has the meaning given by section 578 of the Education Act 1996,
  • “further education” has the meaning given by section 2(3) to (5) of that Act;
  • “further education corporation in England” means a further education corporation established to conduct an institution in England;
  • “further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;
  • “governing body”, in relation to an institution, means, subject to subsection (2) below—
    1. in the case of an institution conducted by a further education corporation, a sixth form college corporation or a higher education corporation, the corporation,
    2. in the case of a university not falling within paragraph (a) above, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs,
    3. in the case of any other institution not falling within paragraph (a) or (b) above for which there is an instrument of government providing for the constitution of a governing body, the governing body so provided for, and
    4. in any other case, any board of governors of the institution or any persons responsible for the management of the institution, whether or not formally constituted as a governing body or board of governors,
  • “higher education” has the same meaning as in the M21Education Reform Act 1988,
  • “higher education corporation” means a body corporate established under section 121 or 122 of the M22Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section 122ZA or 122A of that Act,
  • “interest in land” includes any easement, right or charge in, to or over land,
  • “land” includes buildings and other structures, land covered with water and any interest in land,
  • “liability” includes obligation, and
  • “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
  • “the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,
  • F176...
    1. in relation to a proposal relating to the establishment of a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is proposed to be situated;
    2. in relation to a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is situated;
    3. in relation to a sixth form college, means the local authority in whose area the sixth form college, or its main site, is situated,
  • “sixth form college corporation” means a body corporate—
    1. designated as a sixth form college corporation under section 33A or 33B, or
    2. established under section 33C,
  • F176...
2 The Secretary of State may by order provide for any reference in the Education Acts to the governing body of an institution, in relation to an institution which is—
a a designated institution for the purposes of Part I or Part II of this Act, and
b conducted by a company,
to be read as a reference to the governing body provided for in the instrument of government, or to the company or to both.
F1842ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4242A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4142B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university (except where the context otherwise requires); but where a college or institution would not, apart from this subsection, fall to be treated separately it shall not be so treated for the purpose of determining whether any institution is in England or in Wales.
3A In this Act references to a voluntary aided school are—
a in relation to any time before the appointed day within the meaning of the M23School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
b in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.
4 References in this Act to institutions within the PCFC funding sector are to be construed in accordance with section 132(6) of the M24Education Reform Act 1988.
5 Subject to the provisions of this Act, expressions used in this Act and in the Education Act 1996 have the same meaning in this Act as in that Act and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned..

I47C2191  Interpretation of Education Acts.

1 This section applies for the interpretation of the Education Acts.
F732 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 References to institutions within the further education sector are to—
C22a institutions conducted by further education corporations, and
C22b designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), and
c sixth form colleges,
and references to institutions outside the further education sector are to be read accordingly.
3A References to sixth form colleges are to institutions conducted by sixth form college corporations.
F2894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C235 References to institutions within the higher education sector are to—
za registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017,
a universities receiving financial support under section 65 of this Act,
aa universities that are regulated institutions,
C24b institutions in Wales conducted by higher education corporations, and
C24c designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act),
and references to institutions outside the higher education sector are to be read accordingly.
5ZA  For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).
5A For the purposes of subsection (5)(aa), a regulated institution is an institution to which an approved plan, within the meaning given in section 7 of the Higher Education (Wales) Act 2015, relates.
6 References, in relation to a further education corporation or higher education corporation, to the institution—
a in relation to any time before the operative date for the purposes of Part I of this Act (defined in section 17 of this Act) or, as the case may be, the transfer date for the purposes of the M25Education Reform Act 1988 (defined in section 123 of that Act), are to the institution the corporation is established to conduct, and
b in relation to any later time or to any corporation which is a further education corporation by virtue of section 47 of this Act or a higher education corporation by virtue of section 122ZA or 122A of that Act, are to any institution for the time being conducted by the corporation in the exercise of their powers under this or that Act.

I48C3492  Index.

The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.
ExpressionRelevant provision
appropriate further education funding councilsection 1(6)
contract of employment, etc.section 90(1)
council (in Part I), or learning and skills councilsections 61A(1) and 90(2A)
F447. . .F447. . .
designated institution (in Part I)section 28(4)
designated institution (in Part II)section 72(3)
the Education Actssection 90(1)
functionssection 61(1)
further education F75section 90(1)
further education corporationsection 17(1)
further education corporation in England section 90(1)
further education corporation in Wales section 90(1)
governing bodysection 90(1) and (2)
F382. . .F382. . .
higher educationsection 90(1)
higher education corporationsection 90(1)
institution in Wales (in relation to the HEFCW) section 62(7)
institutions within or outside the further education sectorsection 91(3)
institutions within or outside the higher education sectorsections 61(3)(a) and 91(5)
institutions within the PCFC funding sectorsection 90(4)
interest in landsection 90(1)
landsection 90(1)
liabilitysection 90(1)
local authoritysection 90(1)
modificationsection 61(1)
operative datesections 17 and 33(4)
F76. . .F76. . .
regulationssection 61(1)
relevant sixth form college section 90(1)
F195. . .F195. . .
sixth form college section 91(3A)
sixth form college corporation section 90(1)
F76. . .F76. . .
F76. . .F76. . .
transfer of rights or liabilitiessection 61(2)
universitysection 90(3)
F195. . .F195. . .

I4993  Amendments and repeals.

1 Schedule 8 (which makes minor and consequential amendments) shall have effect.
2 The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column.

I5094 Short title, commencement, etc.

1 This Act may be cited as the Further and Higher Education Act 1992.
F772 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
P13 This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.
4 Subject to the following provisions of this section, this Act extends to England and Wales only.
5 Sections 63, 64 and 82 of this Act extend also to Scotland.
6 Section 80 extends also to Scotland and Northern Ireland.
7 The amendment by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULES

I51C35 SCHEDULE 1 

The Further and Higher Education Funding Councils

Sections 1, 9, 62 and 70.

Supplementary powers

I521
1 Subject to sub-paragraph (2) below, the council may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—
a acquiring and disposing of land and other property,
b entering into contracts,
c investing sums not immediately required for the purpose of the discharge of their functions, and
d accepting gifts of money, land or other property.
2 The council shall not borrow money.

Chief officer

I532
1 One of the members of the council shall be the chief officer.
2 The first chief officer shall be appointed as such by the Secretary of State and shall hold and vacate office in accordance with the terms of his appointment.
3 Each subsequent chief officer shall be appointed by the council with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the council may with the approval of the Secretary of State determine.
4 On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the council and the terms and conditions of his appointment, the Secretary of State shall—
a if that person is not already a member of the council, appoint him as a member for the same term as the term of his appointment as chief officer, or
b if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Tenure of members of councils

I543
1 A person shall hold and vacate office as a member or as chairman or chief officer of the council in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
2 A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the council.
I554If the Secretary of State is satisfied that a member of the council—
a has been absent from meetings of the council for a period longer than six consecutive months without the permission of the council, or
b is unable or unfit to discharge the functions of a member,
the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

I565
1 The council—
a shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and
b shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
2 If a person ceases to be a member of the council and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the council to make to that person a payment of such amount as the Secretary of State may determine.
3 The council shall pay to the members of any of their committees who are not members of the council such travelling, subsistence and other allowances as the Secretary of State may determine.
4 A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

House of Commons disqualification

I576In Part III of Schedule 1 to the M26House of Commons Disqualification Act 1975 (disqualifying offices) there are inserted at the appropriate places—

Staff

I587
1 The council may appoint such employees as they think fit.
2 The council shall pay to their employees such remuneration and allowances as the council may determine.
3 The employees shall be appointed on such other terms and conditions as the council may determine.
4 A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.
5 Employment with the council shall be included among the kinds of employment to which a scheme under section 1 of the M27Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” there is inserted—
6 The council shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.
7 Where an employee of the council is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the council, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 5 above).

Committees

I598
1 The council may establish a committee for any purpose.
2 The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the council.
3 Such a committee may include persons who are not members of the council.
4 The council shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Further Education Funding Council for England: regional committees

I609
1 There shall be established for each region of England determined by the Secretary of State a committee of the Further Education Funding Council for England to advise the council on such matters relating to the facilities for the population of the region—
a for further education, or
b for full-time education (other than further education) suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,
as the council may from time to time require.
2 The number of the members of a committee established under this paragraph shall be determined by the Secretary of State and he shall appoint the members of the committee.
3 Paragraphs 3 and 4 above apply to members of a committee established under this paragraph as they apply to members of a council.

Delegation of Functions

I6110The council may authorise the chairman, the chief officer or any committee established under paragraph 8 above to exercise such of their functions as they may determine.

Proceedings

I6211Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the council under this Act—
a a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the council or of any committee of the council, and
b the council shall provide the Secretary of State with such copies of any documents distributed to members of the council or of any such committee as he may require.
I6312The validity of any proceedings of the council or of any committee of the council shall not be affected by a vacancy among the members or by any defect in the appointment of a member.
I6413Subject to the preceding provisions of this Schedule, the council may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

I6514The application of the seal of the council shall be authenticated by the signature—
a of the chairman or of some other person authorised either generally or specially by the council to act for that purpose, and
b of one other member.
I6615Every document purporting to be an instrument made or issued by or on behalf of the council and to be duly executed under the seal of the council, or to be signed or executed by a person authorised by the council 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.

Accounts

I6716
1 It shall be the duty of the council—
a to keep proper accounts and proper records in relation to the accounts,
b to prepare in respect of each financial year of the council a statement of accounts, and
c to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
C362 The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
a the information to be contained in it,
b the manner in which the information contained in it is to be presented, or
c the methods and principles according to which the statement is to be prepared,
and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.
3 The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
4 In this paragraph “financial year” means the period beginning with the date on which the council is established and ending with the second 31st March following that date, and each successive period of twelve months.

Status of council

I6817The council shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the council shall not be regarded as property of, or property held on behalf of, the Crown.

I69SCHEDULE 2 

Courses of Further Education

Sections 3 and 6.

F80The descriptions of courses of further education referred to in section 3(1) of this Act are the following—

  1. a course which prepares students to obtain a vocational qualification which is, or falls within a class, for the time being approved for the purposes of this sub-paragraph by the Secretary of State,
  2. a course which prepares students to qualify for—
    1. the General Certificate of Secondary Education, or
    2. the General Certificate of Education at Advanced Level or Advanced Supplementary Level (including Special Papers),
  3. a course for the time being approved for the purposes of this sub-paragraph by the Secretary of State which prepares students for entry to a course of higher education,
  4. a course which prepares students for entry to another course falling within paragraphs (a) to (c) above,
  5. a course for basic literacy in English,
  6. a course to improve the knowledge of English of those for whom English is not the language spoken at home,
  7. a course to teach the basic principles of mathematics,
  8. in relation to Wales, a course for proficiency or literacy in Welsh,
  9. a course to teach independent living and communication skills to persons having learning difficulties which prepares them for entry to another course falling within paragraphs (d) to (h) above.

I70SCHEDULE 3 

Calculation of Enrolment Numbers

Sections 15 and 16.

Enrolment numbers

I711
1 The enrolment number for any institution at any time is the aggregate of—
a the number of full-time students enrolled at that institution at that time to follow courses of further or higher education, and
b the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in the first three entries in column 1 of the table in paragraph 2 below.
2 The total enrolment number for any institution at any time is the aggregate of—
a the number of full-time students enrolled at that institution at that time to follow courses of further or higher education, and
b the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in column 1 of the table in paragraph 2 below.
3 The number for any mode of attendance at a course is that arrived at by multiplying by the appropriate multiplier the number of students enrolled at the institution at the time in question to follow the course by that mode of attendance.
4 In sub-paragraph (3) above “the appropriate multiplier” means, in relation to a mode of attendance, the figure given in relation to that mode of attendance in column 2 of the table.

Table for calculating enrolment numbers for sandwich courses, etc.

I722The following table applies for the purpose of determining the numbers mentioned in paragraph 1(1)(b) and (2)(b) above—
(1)Mode of attendance(2)Multiplier
1. Sandwich course0.7
2. Block release1.0
3. Day release0.3
4. Part-time (other than day release but including some day-time study)0.2
5. Part-time (evening only study)0.1
6. Open or distance learning0.075

Interpretation of paragraphs 1 and 2

I733
1 For the purposes of paragraph 1(1)(a) and (2)(a) above a student is a full-time student in relation to a course of any description if all his studies for the purposes of that course are full-time studies.
2 For the purposes of paragraph 2 above—
a a student’s mode of attendance at a course of any description is by way of a sandwich course if—
i in following that course, he engages in periods of full-time study for the purposes of the course alternating with periods of full-time work experience which form part of that course, and
ii his average period of full-time study for the purposes of the course for each academic year included in the course is nineteen weeks or more,
b a student’s mode of attendance at a course of any description is by way of block release if—
i the course involves a period of full-time study interrupted by a period of industrial training or employment (whether or not it also includes study on one or two days a week during any other period), and
ii his average period of full-time study for the purposes of the course for each academic year included in the course is less than nineteen weeks,
c a student’s mode of attendance at a course of any description is by way of day release if—
i he is in employment, and
ii he is released by his employer to follow that course during any part of the working week, and
d a student’s mode of attendance at a course of any description is by way of open or distance learning if—
i he is provided for the purposes of the course with learning material for private study, and
ii his written work for the purposes of the course is subject to a marking and comment service provided for students following the course by private study (whether or not any additional advisory or teaching services are also provided for such students as part of the course).

Amendment of paragraphs 1 to 3

I744The Secretary of State may by order amend paragraphs 1 to 3 above except so far as they apply for calculating an institution’s enrolment number, or total enrolment number, on 1st November 1990.

Exclusion of non-EEC students

I755For the purpose of calculating under those paragraphs any enrolment number at any time of any institution, any student enrolled at the institution whose ordinary place of residence then was or is in a country or territory other than a member State shall be disregarded.

SCHEDULE 4 

INSTRUMENTS AND ARTICLES OF GOVERNMENT

1This Schedule applies in relation to—
a a further education corporation,
b the governing body of a designated institution, and
c a sixth form college corporation.
2In this Schedule—
  • “the body” means—
    1. in the case of a further education corporation or a sixth form college corporation, the corporation, and
    2. in the case of the governing body of a designated institution, the governing body;
  • “the institution” means—
    1. in the case of a further education corporation, the institution which the corporation are established to conduct;
    2. in the case of the governing body of a designated institution, the institution;
    3. in the case of a sixth form college corporation, the relevant sixth form college;
  • “instrument” means an instrument of government or articles of government.
3
1 An instrument must provide for—
a the number of members of the body,
b the eligibility of persons for membership,
c the members to include—
i staff and students at the institution, and
ii in the case of a sixth form college corporation, parents of students at the institution aged under 19, and
d the appointment of members, if the institution is in England, or the appointment or election of members, if the institution is in Wales.
2 In the case of an institution in Wales the provision made by an instrument must include provision—
a for the members of the body to include—
i the chief executive,
ii at least two other members of staff at the institution,
iii at least two students at the institution, and
iv one or more representatives of local employers or businesses,
b for at least one of the members who are members of staff to be a member of the teaching staff, and at least one to be a member of the non-teaching staff, elected at an election open to all members of staff from those nominated by any member of staff, and
c for the members who are students to be elected at an election open to all the students at the institution from those nominated by any student or (if the body so determines) to be elected at an election open to all the members of an association which represents students at the institution, and is recognised by the body, from those nominated by any member of the association.
4
1 An instrument must make provision about the procedures of the body and the institution.
2 In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities.
5
1 An instrument must make provision for there to be—
a a chief executive of the institution, and
b a clerk to the body.
2 An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk.
3 The responsibilities of the body must include—
a in the case of a sixth form college corporation to which section 33J applies, the preservation and development of the educational character and mission of the institution and the oversight of its activities;
b in the case of any other sixth form college corporation, a further education corporation or a governing body, the determination and periodic review of the educational character and mission of the institution and the oversight of its activities;
c in any case, the effective and efficient use of resources, the solvency of the institution and the body and the safeguarding of their assets.
6An instrument must require the body to publish arrangements for obtaining the views of staff and students on the matters for which the body are responsible under paragraph 5(3)(a) or (b).
7In the case of an institution in Wales, an instrument must require the body to consult persons in the locality of the institution receiving education or training, employers in that locality and bodies representing persons living in that locality as to the education provided at the institution and the planning of its curriculum.
8An instrument must permit the body to change their name with the approval of—
a in the case of an institution in England, the Secretary of State;
b in the case of an institution in Wales, the Welsh Ministers.
9An instrument must specify how the body may modify or replace the instrument of government and articles of government.
10An instrument must prohibit the body from making changes to the instrument of government or articles of government that would result in the body ceasing to be a charity.
11An instrument must provide for—
a a copy of the instrument to be given free of charge to every member of the body,
b a copy of the instrument to be given free of charge, or at a charge not exceeding the cost of copying, to anyone else who requests it, and
c a copy of it to be available for inspection at the institution on request, during normal office hours, to every member of staff of, and student at, the institution.
12An instrument must provide for the authentication of the application of the seal of the body.

F421 SCHEDULE 5 

Identification and apportionment, etc., of property

Section 36.

F421 Division and apportionment of property et ceteralaetc.

F4211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421 Identification of property, rights and liabilities

F4212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421 Documents of title

F4216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421 Third parties affected by vesting provisions

F4217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421 Delivery of documents to transferee

F4218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81SCHEDULE 5A 

F82Interpretation

F831 

In this Schedule—
  • “the participating bodies”, in relation to an arrangement, means—
    1. the parties to the arrangement,
    2. the Further Education Funding Council for Wales, and
    3. each governing body of a school which has consented to the arrangement; and
  • “the parties”, in relation to an arrangement, means—
    1. each local education authority, and
    2. each governing body of an institution (or institutions) within the further education sector,
    which is a party to the arrangement.

F84Approval by the Secretary of State

F852 

1 An application for approval of an arrangement by the Secretary of State for the purposes of section 60A of this Act (“an application”) shall be made jointly by the parties to the arrangement.
2 An application shall be in such form and contain such information as may be prescribed by regulations.
3 In addition, the participating bodies shall provide the Secretary of State with such further information as he may require for the purpose of deciding whether or not to grant the approval.

F86Termination of arrangement etc

F873 

1 Subject to any provision of the arrangement to the contrary and to sub-paragraph (2) below, a partnership arrangement to which section 60A of this Act applies shall continue in force indefinitely.
2 The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies.
3 The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.

F88Variation of arrangement

F894 

1 The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except—
a with the consent of the other participating bodies, and
b if the change amounts to a significant change to the arrangement, with the consent of the Secretary of State.
2 If a question arises whether a change to an arrangement would be a significant change, that question shall be determined by the Secretary of State.

F90Interpretation of existing enactments

F915 

1 Regulations may provide—
a for any reference in an enactment to secondary education to be construed as including further education provided under a partnership arrangement to which section 60A of this Act applies, and
b for any enactment containing such a reference to apply in relation to such further education with such modifications (if any) as may be specified in the regulations.
2 In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the M28Interpretation Act 1978).

I76 SCHEDULE 6 

New Schedule 7A to the Education Reform Act 1988

Section 71.

I77C25SCHEDULE 7 

Transfers: supplementary provisions

Section 87.

Proof of title by certificate

I781The Education Assets Board may issue a certificate stating that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, was or was not transferred by virtue of this Act to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact.

Construction of agreements

I792
1 Where any rights or liabilities transferred by virtue of this Act are rights or liabilities under an agreement to which the transferor was a party immediately before the date on which the transfer took effect (referred to in this Schedule as the “transfer date”), the agreement shall, unless the context otherwise requires, have effect on and after the transfer date as if—
a the transferee had been a party to the agreement,
b for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee,
c any reference (whether express or implied and, if express, however worded) to a specified officer of the transferor or a person employed by the transferor in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to an officer or employee of the transferee who corresponds as closely as possible to the person referred to in the agreement,
d where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part,
and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.
2 This paragraph applies to any agreement whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned by the transferor.
I803
1 Without prejudice to the generality of paragraph 2 above, the transferee under a transfer made by virtue of this Act and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or liability of the transferee.
2 Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act, or to any agreement relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.
I814The provisions of paragraphs 2 and 3 above shall have effect for the interpretation of agreements subject to the context, and shall not apply where the context otherwise requires.

I82 SCHEDULE 8 

Minor and Consequential Amendments

Section 93

Part I  Amendments of the Education Acts

The Education Act 1944 (c. 31)

F921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F954. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F965. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F976. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1009. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1946 (c. 50)

F10514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Miscellaneous Provisions) Act 1948 (c. 40)

F10615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1980 (c. 20)

F10817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1981 (c. 60)

F10918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Fees and Awards) Act 1983 (c. 40)

I8319In section 1(3) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—
a for paragraph (b) there is substituted—
“ (b) any institution within the higher education sector ”, and
b after paragraph (c) there is inserted—
“ (ca) any institution within the further education sector ”.

The Further Education Act 1985 (c. 47)

I8420At the end of section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) there is added—
I8521
1 In section 2(2) of that Act (power of LEAs to lend money for those purposes) for paragraphs (a) to (d) there is substituted—
.
2 In subsection (8) of that section for “(2)(d)” there is substituted “ (2)(c) ”.

The Education (No. 2) Act 1986 (c. 61)

I8622In section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc.)—
a in subsection (5)—
i for paragraph (aa) there is substituted-
  • “ (aa) any institution other than a university within the higher education sector ”,
    1. after paragraph (b) there is inserted—
  • “ (ba) any institution within the further education sector ”, and
    1. paragraph (c) is omitted, and
b in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.
I8723In section 49(3) of that Act (appraisal of performance of teachers)—
a paragraphs (d) and (da) are omitted,
b after paragraph (da) there is inserted-
“ (db) at any institution within the further education sector ”, and
c in paragraph (e) for “(da)” there is substituted “ (db) ”.
F11024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Reform Act 1988 (c. 40)

I8827The Education Reform Act 1988 is amended as follows.
F11328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8930In section 120 (functions of local authorities with respect to higher and further education)—
a subsection (2) is omitted,
b in subsection (3)(b) for “living outside their area” there is substituted “ from other areas ”,
c in subsection (4)—
i for “universities, institutions within the PCFC funding sector” there is substituted “ institutions within the higher education sector ”, and
ii after “sector” there is inserted “ or the further education sector ”, and
d subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.
I9031In section 122 (orders incorporating higher education institutions maintained by local authorities) subsections (2) to (5) are omitted.
I9132In section 123 (provisions supplementary to sections 121 and 122)—
a at the end of subsection (1) there is added “ or which has become a higher education corporation by virtue of section 122A of this Act ”, and
b for subsection (3) there is substituted—
I9233In section 124 (powers of a higher education corporation)—
a in subsection (2)(b) for “disabled students” there is substituted “ students having learning difficulties within the meaning of section 41(9) of the Education Act 1944 ”, and
b subsection (4) is omitted.
I9334In section 128 (dissolution of higher education corporations)—
a in subsection (1)(b)—
i for sub-paragraphs (iii) and (iv) there is substituted—
, and
ii after those sub-paragraphs there is inserted—
,
b for subsection (4)(b) there is substituted—
“ (b) the higher education funding council ”, and
c after subsection (5) there is added—
I9435Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.
I9536In section 135 (inspection of accounts)—
a for subsection (1)(c) there is substituted—
“ (c) any designated institution within the meaning of section 129A of this Act ”, and
b in subsection (2) for the words from “grants” to the end there is substituted “ financial support has been given to them under section 65 of the Further and Higher Education Act 1992. ”
F23237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9638In section 137(2) (control of disposals of land) “or 129(3)” is omitted.
I9739In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by local authority)—
a in subsection (4)—
i the words “or assisted” in both places are omitted,
ii after “becomes” there is inserted “ an institution within the further education sector ”, and
iii for “the PCFC funding sector” there is substituted “ the higher education sector ”,
b subsection (5)(b) is omitted, and
c in subsection (6)—
i at the beginning of paragraph (b) there is inserted “ an institution within the further education sector or ”, and
ii in that paragraph for “the PCFC funding sector” there is substituted “ the higher education sector ”.
I9840In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.
I9941Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.
I10042In section 161 (interpretation of Part II) subsection (1)(c) is omitted.
I10143In section 197 (Education Assets Board)—
a in subsection (4) after “this Act” there is inserted “ and section 36 of and Schedule 5 to the Further and Higher Education Act 1992 ”,
F115b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c after subsection (7) there is inserted—
I10244In section 198(5) (transfers under Parts I and II) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”.
I10345In section 205 (procedure for exercise of University Commissioners’ powers)—
a for subsection (2)(d) there is substituted—
“ (d) the higher education funding council ”, and
b subsection (6) is omitted.
F29346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10448In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there is inserted “ by or under ”.
F22449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10552In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.
F11853. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11954. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10655In section 230 (stamp duty)—
a in subsection (1) “section 136(2)” is omitted, and
b in subsection (3)—
i for paragraph (b) there is substituted—
  • “ (b) an institution within the higher education sector ”,
    1. paragraph (c)(ii) is omitted, and
    2. after paragraph (c) there is inserted—
  • “ (ca) an institution within the further education sector ”.
F12056. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10758In section 235 (general interpretation) subsection (2)(a) and (h) are omitted.
I10859In Schedule 7 (Higher Education Corporations)—
a for paragraph 1(4) there is substituted—
,
b in paragraph 18—
i in sub-paragraph (2)(b) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”, and
ii for sub-paragraph (5) there is substituted—
, and
c paragraph 19 is omitted.
I10960Schedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
F12261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12564. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11065In paragraph 4 of that Schedule at the beginning there is inserted—
.
I11166In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.

The Education (Student Loans) Act 1990 (c. 6)

I11267In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—
a for “131 or 132 of the M29Education Reform Act 1988” there is substituted “ 65 of the Further and Higher Education Act 1992 ”, and
b for the words from “institutions designated” to “local education authorities” there is substituted “ institutions receiving recurrent grants towards their costs from a further education funding council ”.

Part II  Amendments of other Acts

The Public Records Act 1958 (c. 51)

I11368In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there is inserted in the appropriate place—

The Charities Act 1960 (c. 58)

F12669. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Veterinary Surgeons Act 1966 (c. 36)

I11470In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” after paragraph (a)(i) there is inserted—
.

The Local Authorities (Goods and Services) Act 1970 (c. 39)

I11571
1 Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any institution within the further education sector or the higher education sector.
2 The provisions of sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person or description of persons shall be a public body for the purposes of that Act).
3 An order under that section may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an institution within the further education sector or the higher education sector specified in the order.

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

I11672In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)—
a for paragraph (aa) there is substituted—
“ (aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and
b after paragraph (b) there is inserted—
“ (ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.

The Superannuation Act 1972 (c. 11)

I11773In Schedule 1 to the Superannuation Act 1972 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council are omitted.

The House of Commons Disqualification Act 1975 (c. 24)

I11874In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council are omitted.

The Sex Discrimination Act 1975 (c. 65)

F35075. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35076. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35077. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35078. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35079. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35080. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35081. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127F35082. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35083. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Race Relations Act 1976 (c. 74)

F35084. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35085. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35086. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F128F35088. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Employment Protection (Consolidation) Act 1978 (c. 44)

F12989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Passenger Vehicles Act 1981 (c. 14)

F24190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I11991
1 Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows.
2 for subsections (3) and (4) there is substituted—
3 In subsection (5)—
a for “any person under subsection (3)” there is substituted “ a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and
b for “notification under subsection (3)” there is substituted “ notification under subsection (3A) or (3B) ”.
4 In subsection (6)—
a for “(3)” in both places there is substituted “ (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and
b for the words from “a local education authority” to “establishment of further or higher education” there is substituted “ the responsible authority that the person will be receiving relevant full-time education ”.
5 In subsection (9) (interpretation)—
a in the definition of “child” after “school or” there is inserted “ as a student at ”,
b in the definition of “the responsible authority” for paragraph (b) there is substituted—
,
c after “the Education Act 1944” there is inserted “ or the Further and Higher Education Act 1992 ”, and
d for “that Act” there is substituted “ those Acts ”.
I12092For section 6(1) of that Act (review of expected leaving dates from full-time education of disabled persons) there is substituted—

The Employment Act 1989 (c. 38)

I12193In section 5(6) of the Employment Act 1989 (exemption for discrimination in connection with certain educational appointments)—
a after paragraph (b) there is inserted—
“ (ba) any institution designated by order under section 28 of the Further and Higher Education Act 1992 ”, and
b for paragraph (c) there is substituted—
“ (c) any institution designated by order made or having effect as if made under section 129 of the Education Reform Act 1988. ”

The Town and Country Planning Act 1990 (c. 8)

I12294In section 76(1) of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled)—
a in paragraph (d) for “the PCFC funding sector” there is substituted “ the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and
b after paragraph (e) there is inserted—
“ (f) of a building intended for the purposes of an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.

The Environmental Protection Act 1990 (c. 43)

I12395In section 98(2) of the Environmental Protection Act 1990 (definitions)—
a paragraph (a) is omitted,
b for paragraph (d) there is substituted—
“ (d) any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and
c after paragraph (d) there is inserted—
“ (da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.

I124SCHEDULE 9 

Repeals

Section 93.

ChapterShort titleExtent of repeal
1944 c. 31.The Education Act 1944.Section 8(3).
Section 67(4A).
In section 85(2) and (3) “for providing primary or secondary education”.
In section 114(1), the definitions of “part-time senior education” and “post-school age education”.
Section 114(1A), (1B) and (1C).
1948 c. 40.The Education (Miscellaneous Provisions) Act 1948.Section 3(3).
1972 c. 11.The Superannuation Act 1972.In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
1975 c. 24.The House of Commons Disqualification Act 1975.In Part III of Schedule 1 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council.
1986 c. 61.The Education (No. 2) Act 1986.Section 43(5)(c) and, in subsection (7), paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment”.
Section 49(3)(d) and (da).
In section 51, in subsection (2)(b) the words from “made” to the end and subsections (5) and (6).
Section 58(3), (4) and (5)(a) and in subsection (5)(ab) “and are not designated establishments of higher or further education”.
1988 c. 40.The Education Reform Act 1988.In section 105(2)(b) “but not the age of nineteen years”.
Section 120(2), (6), (7), (8), (9)(a)(ii) and (9)(b).
Section 122(2) to (5).
Section 124(4).
Section 129(3) and (4).
Sections 131 and 132.
Section 134.
Section 136(3) to (7).
In section 137(2) “or 129(3)”.
Chapter III of Part II.
Section 156.
In section 157 the words “or assisted” in both places in subsection (4) and subsection (5)(b).
Section 158(2)(a)(i) and (iii) and (b).
Section 159(2)(b).
Section 161(1)(c).
Section 205(6).
Section 211(c).
Section 218(10)(b).
Section 219(1)(b), (2)(d) and (e) and (3)(c)(ii).
In section 221, subsection (1)(c) and, in subsection (3), the definition of “relevant institution”.
In section 222, subsection (2)(b) and, in subsection (3)(c), “or institutions required to be covered by schemes under section 139 of this Act”.
Section 227(2) to (4).
In section 230, in subsection (1) “section 136(2)” and subsection (3)(c)(ii).
In section 232, in subsection (2) “140(1), 141(6), 145(6), 151(4), 156(10)”, in subsection (3) “or 227” and in subsection (4)(b) “227”.
Section 234(2)(b).
Section 235(2)(a) and (h).
Paragraph 19 of Schedule 7.
Paragraphs 68, 69(2), 70, 100(2) and 101(4) of Schedule 12.
1990 c. 43.The Environmental Protection Act 1990.Section 98(2)(a).

Footnotes

  1. E1
    This Act extends to England and Wales only with the exception of certain provisions see s. 94(5)-(7).
    The amending provisions of this Act are co-extensive with the enactments so amended see s. 94(7)
  2. C1
    Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
  3. C2
    Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2
  4. C3
    Act modified (1.4.1993) by S.I. 1993/563, art.2, Sch. 1, Sch. 2.
  5. C4
    Act excluded (16.7.1998) by 1998 c. 30, ss. 26(11), 46(3) (with s. 42(8))
  6. C5
    Certain powers transferred as specified (1.7.1999) by S.I. 1999/672, art. 2, Sch.1.
  7. F1
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  8. F2
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  9. F3
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  10. F4
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  11. F5
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  12. F6
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  13. F7
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  14. F8
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  15. F9
    Ss. 1-9 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 20, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  16. F10
    S. 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  17. F11
    S. 11 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  18. F12
    s. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  19. F13
    S. 13 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  20. F14
    S. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  21. I1
    S. 15 wholly in force: s. 15(1)(2)(3)(5)(6)(7) in force at 6.5.1992; s. 15(4) in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 2
  22. I2
    S. 16 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  23. C6
    S. 16(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1
  24. F15
    S. 16(2)(3) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(1); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
  25. I3
    S. 17 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  26. F16
    Words in s. 17(1) added (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para.7 (with s. 42(8)); S.I. 1998/2215, art.2
  27. I4
    S. 18 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  28. F17
    S. 18(1)(aa)-(ac) substituted for s. 18(1)(aa) (1.4.2001) by 2000 c. 21, s. 142(1)(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  29. M1
    1996 c. 56.
  30. F18
    Words after s. 18(1)(b) inserted (1.4.2001) by 2000 c. 21, ss. 149, Sch. 9 para. 21(a); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  31. F19
    S. 18(1A) inserted (1.4.2001) by 2000 c. 21, s. 142(1)(b); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  32. F20
    S. 18(4)-(6) repealed (28.7.2000 for certain purposes, 1.1.2001 for W., 1.4.2001 and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 21(b), Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pts. II, III (with transitional provisions in art. 3)
  33. I5
    S. 19 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  34. F21
    Words in s. 19(3) omitted (1.4.2001) by virtue of 2000 c. 21, s. 149, Sch. 9 para. 22(2); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  35. F22
    S. 19(6)(7) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 22(5); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  36. I6
    S. 20 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  37. I7
    S. 21 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  38. F23
    S. 21(1)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(a)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  39. F24
    Words, including subsection "(b)", in s. 21(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  40. F25
    Words in s. 21(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  41. F26
    Words in s. 21(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  42. F27
    Words in s. 21(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 35(b)(iii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  43. F28
    Words in s. 21(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 35(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  44. I8
    S. 22 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  45. I9
    S. 27 wholly in force at 30.9.1992, see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  46. I10
    S. 28 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  47. F29
    Words in s. 28(1) substituted (1.4.2001) by 2000 c. 21, s. 143(1)(a) (with s. 150); S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. I
  48. F30
    Words in s. 28(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 38 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
  49. F31
    S. 28(2)(b) repealed (1.10.2000 for E. and 1.4.2001 for W.), by 2000 c. 21, ss. 143(1)(b), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
  50. F32
    S. 28(2)(d) and the word preceding it added (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(1)(c) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
  51. F33
    Words in s. 28(3)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 109 (with ss. 1(4), 561, 562, Sch. 39)
  52. F34
    S. 28(3A) inserted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 112 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
  53. I11
    S. 29 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  54. F35
    S. 30 substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 143(2) (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
  55. I12
    S. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  56. I13
    S. 44 partly in force: s. 44 in force for certain purposes at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  57. F36
    S. 44(1)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  58. F37
    Words in s. 44(3)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  59. F38
    Words in s. 44(4) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 23, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  60. F39
    Words in s. 44(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(5); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  61. F40
    S. 44(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 27(6), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  62. F41
    S. 44(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and 1.9.2001 insofar as not already in force for E.) by 2000 c. 21, s. 149, Sch. 9 para. 27(7); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III
  63. I14
    S. 45 partly in force: s. 45 in force for certain purposes at 1.4.1993 see s. 94(3) and Sch. 3
  64. F42
    S. 45(2)-(2A) substituted for s. 44(1)(2) (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(2); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  65. F43
    Words in s. 45(3) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(3); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  66. F44
    Words in s. 45(5) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(a); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  67. F45
    Words in s. 45(5)(a)(ii) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(b); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  68. F46
    Words in s. 45(5)(b) substituted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(4)(c); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  69. F47
    S. 45(6) repealed (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 28(5), Sch. 11; S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  70. F48
    S. 45(7) inserted (1.10.2000 for E. for specified purposes, 1.4.2001 for W. and otherwise 1.9.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 28(6); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  71. I15
    S. 46 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  72. C7
    S. 46(2)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
  73. I16
    S. 47 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  74. F49
    Words in s. 47(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.43 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  75. M2
    1988 c. 40.
  76. I17
    S. 49 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  77. F50
    Words in s. 49(2)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(3) (with ss. 191-195, 202)
  78. I18
    S. 50 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  79. C8
    S. 50(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
  80. I19
    S. 51 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  81. I20
    S. 52 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  82. C9
    S. 52 modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2
  83. F51
    Words in s. 52(1) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 29, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  84. F52
    S. 52A inserted (1.10.1998) by 1998 c. 31, s. 113(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I.
  85. I21
    S. 53 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  86. C10
    S. 53(2) modified by S.I. 1993/563, art. 2 Sch.1 (as amended (19.4.1993) by 1993/870, art. 2)
  87. M3
    1983 c. 44.
  88. F53
    Words in s. 54(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 111 (with ss. 1(4), 561, 562, Sch. 39)
  89. I22
    S. 55 wholly in force; s. 55 not in force at Royal assent see s. 94(3); s. 55(1)-(3) (as respects England only) and s. 55(4)-(6)(7)(a)(c) in force at 1.4.1993 by S.I. 1992/831, art. 2, Sch. 3; s. 55(1)(2)(3)(7)(b) in force at 1.8.1996 so far as not already in force by S.I. 1996/1897, art. 3
  90. F54
    S. 55(1)-(3) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  91. F55
    S. 55(7)(a)(b) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 32, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  92. F56
    S. 56 repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 33, Sch. 11 (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  93. F57
    S. 57 substituted (1.1.2001 for W. and 1.4.2001 for E.) by 2000 c. 21, s. 149, Sch. 9 para. 34 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
  94. C11
    S. 57(3)(4) amended (22.3.2001) by S.I. 2001/1274, art. 3(4)(b)
  95. F58
    S. 59 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  96. F59
    S. 60A repealed (28.7.2000 for E. for specified purposes, 1.1.2001 for W. and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 36, Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  97. I23
    S. 61 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  98. C12
    S. 61(3)(a) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(3)(a)(b), Sch.3)
  99. M4
    1944 c. 31.
  100. I24
    S. 62 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  101. C13
    S. 62(7) applied (31.3.1999) by S.I. 1999/603, art. 3(2).
  102. F60
    S. 62(7A)(7B) inserted (31.7.1996) by 1995 c. 50, s. 30(5) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(2), Sch. Pt.II
  103. C14
    S. 62(8) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2.
  104. E2
    S. 63 extends to Great Britain see s. 94(5).
  105. I25
    S. 63 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  106. I26
    S. 65 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  107. C15
    S. 65(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1
  108. F61
    S. 65(3A)(3B) inserted (retrospectively) by 1998 c. 30, ss. 27, 46(3) (with s. 42(8))
  109. I27
    S. 66 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  110. I28
    S. 67 wholly in force: s. 67(2)-(5) in force at 6.5.1992; s. 67(1) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3
  111. M5
    1988 c. 40.
  112. I29
    S. 69 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  113. I30
    S. 70 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  114. I31
    S. 71 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  115. M6
    1988 c. 40.
  116. I32
    S. 72 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  117. M7
    1988 c. 40.
  118. I33
    S .73 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  119. M8
    1988 c. 40.
  120. I34
    S. 74 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  121. M9
    1988 c. 40.
  122. M10
    1988 c. 40.
  123. I35
    S. 75 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  124. M11
    1988 c. 40.
  125. C16
    S. 75(3)(a) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.2
  126. I36
    S. 76 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  127. M12
    1988 c. 40.
  128. I37
    S. 77 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  129. F62
    Words in s. 77(4) added (1.10.1998) by 1998 c. 30, ss.40, 46(4) (with s. 42(8)); S.I. 1998/2215, art. 2
  130. I38
    S. 78 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  131. M13
    1988 c. 40.
  132. E3
    S. 82 extends to Great Britain see s. 94(5).
  133. I39
    S. 82 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  134. C17
    S. 82 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2.
  135. C18
    S. 82 amended (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 13.
  136. M14
    1992 c. 37.
  137. I40
    S. 83 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  138. C19
    S. 83(2) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2
  139. I41
    S. 84 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  140. C20
    S. 84(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.1
  141. M15
    1988 c. 40.
  142. M16
    1988 c. 40.
  143. I42
    S. 85 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  144. M17
    1988 c. 40.
  145. F63
    S. 86 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2(1)
  146. I43
    S. 87 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  147. I44
    S. 88 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  148. M18
    1982 c. 39.
  149. M19
    1891 c. 39.
  150. I45
    S. 89 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  151. F64
    Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(a) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  152. F65
    Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(b) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  153. M20
    1978 c. 30.
  154. I46
    S. 90 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  155. F66
    Words in s. 90(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(4) (with ss. 191-195, 202)
  156. F67
    Words in s. 90(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(a) (with ss. 1(4), 561, 562, Sch. 39)
  157. F68
    Definition in s. 90(1) inserted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(b) (with ss. 1(4), 561, 562, Sch. 39)
  158. M21
    1988 c. 40.
  159. M22
    1988 c. 40.
  160. F69
    Words in s. 90(3) inserted (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 8 (with s. 48(2)); S.I. 1998/2215, art. 2
  161. F70
    S. 90(3A) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 46(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
  162. M23
    1996 c. 56.
  163. M24
    1988 c. 40.
  164. F71
    Words in s. 90(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(3) (with ss. 1(4), 561, 562, Sch. 39)
  165. F72
    Words in s. 90(5) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 46(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
  166. I47
    S. 91 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  167. C21
    S. 91 applied (30.6.1999) by 1991 c. 56, s. 1(2), Sch. 4A para. 11(2) (as inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 1)
  168. F73
    S. 91(2) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 42, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
  169. C22
    S. 91(3)(a)(b) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)
  170. C23
    S. 91(5) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(3)(a)(b), Sch. 3)
  171. C24
    S. 91(5)(b)(c) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)
  172. M25
    1988 c. 40.
  173. I48
    S. 92 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  174. F74
    Entry in s. 92 substituted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 43; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
  175. F75
    Words in the entry for “further education” in s. 92 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 116(a) (with ss. 1(4), 561, 562, Sch. 39)
  176. F76
    Entries in s. 92 repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I para. 116(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
  177. I49
    S. 93 wholly in force; s. 93 not in force at Royal Assent see s. 94(3); s. 93(2) wholly in force and s. 93(1) in force for certain purposes at 6.5.1992, 30.9.1992, 1.4.1993, 1.8.1993 by S.I. 1992/831, art. 2, Schs. (as amended by S.I. 1992/2041, art. 2(b)); s. 93(1) in force (E.) for certain purposes at 7.12.1992 by S.I. 1992/3057, art. 2; s. 93(1) in force for certain purposes at 1.8.1996 by S.I. 1996/1897, art. 2
  178. I50
    S. 94 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  179. F77
    S. 94(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  180. P1
    S. 94(3) power partly exercised (16.3.1992): different dates appointed for specified provisions by S.I. 1992/831 (with saving and transitional provisions);
    s. 94(3) power partly exercised (25.8.1992) by S.I. 1992/2041 (amending S.I. 1992/831);
    s. 94(3) power partly exercised (1.9.1992): 1.4.1993 appointed for specified provisions by S.I. 1992/2377;
    s. 94(3) power partly exercised (7.12.1992): 7.12.1992 appointed (E.) for s. 93(1) for certain purposes by S.I. 1992/3057;
    s. 94(3) power partly exercised (9.7.1996): 1.8.1996 appointed for certain purposes by S.I. 1996/1897;
  181. I51
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  182. I52
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  183. I53
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  184. I54
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  185. I55
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  186. I56
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  187. I57
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  188. M26
    1975 c. 24.
  189. I58
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  190. M27
    1972 c. 11.
  191. I59
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  192. F78
    Sch. 1 para. 9 repealed (1.4.2001 for E.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)
  193. I60
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  194. I61
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  195. I62
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  196. I63
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  197. I64
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  198. I65
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  199. I66
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  200. I67
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  201. I68
    Sch. 1 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  202. F79
    Sch. 2 repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I
  203. I69
    Sch. 2 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  204. F80
    Sch. 2 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  205. I70
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  206. I71
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  207. I72
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  208. I73
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  209. I74
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  210. I75
    Sch. 3 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  211. F81
    Sch. 5A repealed (28.7.2000 for specified purposes, 1.1.2001 for W. and 1.9.2001 for E.) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 45, Sch. 11; S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2, Sch. Pt. III (with transitional provisions in art. 3)
  212. F82
    Crossheading inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  213. F83
    Sch. 5A (paras. 1-5) inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  214. F84
    Crossheading inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27; S.I. 1999/2323, art. 2(1), Sch.1.
  215. F85
    Sch. 5A (paras. 1-5) inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
  216. F86
    Crossheading inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  217. F87
    Sch. 5A (paras. 1-5) inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  218. F88
    Crossheading inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  219. F89
    Sch. 5A (paras. 1-5) inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  220. F90
    Crossheading inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  221. F91
    Sch. 5A (paras. 1-5) inserted (1.9.1999) by 1998 c. 31, s. 125(5), Sch.27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  222. M28
    1978 c. 30.
  223. I76
    Sch. 6 in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  224. I77
    Sch. 7 wholly in force 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  225. C25
    Sch. 7 modified (1.1.2001) by S.I. 2000/3209, reg. 12 (with savings in regs. 13, 14)
  226. I78
    Sch. 7 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  227. I79
    Sch. 7 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  228. I80
    Sch. 7 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  229. I81
    Sch. 7 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  230. I82
    Sch. 8 wholly in force: 6.5.1992, 1.9.1992, 30.9.1992, 1.4.1993, 1.8.1993 appointed by s. 94(3), S.I. 1992/831, art. 2, Schs. and S.I. 1992/2377, art. 3
  231. F92
    Sch. 8 para. 1 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  232. F93
    Sch. 8 para. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  233. F94
    Sch. 8 para. 3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  234. F95
    Sch. 8 para. 4 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  235. F96
    Sch. 8 para. 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  236. F97
    Sch. 8 para. 6 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  237. F98
    Sch. 8 para. 7 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  238. F99
    Sch. 8 para. 8 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  239. F100
    Sch. 8 para. 9 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  240. F101
    Sch. 8 para. 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  241. F102
    Sch. 8 para. 11 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  242. F103
    Sch. 8 para. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  243. F104
    Sch. 8 para. 13 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  244. F105
    Sch. 8 para. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  245. F106
    Sch. 8 para. 15 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  246. F107
    Sch. 8 para. 16 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  247. F108
    Sch. 8 para. 17 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  248. F109
    Sch. 8 para. 18 repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 171(a), Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch. 2Appendix
  249. I83
    Sch. 8, para. 19 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  250. I84
    Sch. 8, para. 20 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  251. I85
    Sch. 8, para. 21 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2
  252. I86
    Sch. 8, para. 22 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  253. I87
    Sch. 8, para. 23 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  254. F110
    Sch. 8 para. 24 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  255. F111
    Sch. 8 para. 25 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  256. F112
    Sch. 8 para. 26 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  257. I88
    Sch. 8 para. 27 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  258. F113
    Sch. 8 para. 28 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  259. F114
    Sch. 8 para. 29 repealed (1.4.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 171(a), Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch. 2 Appendix
  260. I89
    Sch. 8, para. 30 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  261. I90
    Sch. 8, para. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, sch. 1
  262. I91
    Sch. 8, para. 32 wholly in force: Sch. 8, para. 32(b) in force at 6.5.1992; Sch. 8, para. 32(a) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3
  263. I92
    Sch. 8, para. 33 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  264. I93
    Sch. 8, para. 34 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  265. I94
    Sch. 8, para. 35 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  266. I95
    Sch. 8, para. 36 wholly in force: Sch. 8, para. 36(a) in force at 6.5.1992; Sch. 8, para. 36(b) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3
  267. I96
    Sch. 8, para. 38 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  268. I97
    Sch. 8, para. 39 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  269. I98
    Sch. 8, para. 40 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  270. I99
    Sch. 8, para. 41 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  271. I100
    Sch. 8, para. 42 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  272. I101
    Sch. 8, para. 43 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  273. F115
    Sch. 8 para. 43(b) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  274. I102
    Sch. 8, para. 44 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  275. I103
    Sch. 8, para. 45 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  276. I104
    Sch. 8, para. 48 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  277. F116
    Sch. 8 para. 50 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  278. F117
    Sch. 8 para. 51 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5
  279. I105
    Sch. 8, para. 52 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  280. F118
    Sch. 8 para. 53 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  281. F119
    Sch. 8 para. 54 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  282. I106
    Sch. 8, para. 55 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  283. F120
    Sch. 8 para. 56 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  284. F121
    Sch. 8 para. 57 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  285. I107
    Sch. 8, para. 58 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  286. I108
    Sch. 8, para. 59 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  287. I109
    Sch. 8, para. 60 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  288. F122
    Sch. 8 para. 61 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  289. F123
    Sch. 8 para. 62 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  290. F124
    Sch. 8 para. 63 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  291. F125
    Sch. 8 para. 64 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
  292. I110
    Sch. 8, para. 65 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1
  293. I111
    Sch. 8, para. 66 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  294. I112
    Sch. 8, para.67 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  295. M29
    1988 c. 40.
  296. I113
    Sch. 8, para. 68 wholly in force at 6.5.1992 see s. 94(3) and S. I. 1992/831, art. 2, Sch. 1
  297. F126
    Sch. 8 para. 69 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
  298. I114
    Sch. 8, para. 70 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  299. I115
    Sch. 8, para. 71 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  300. I116
    Sch. 8, para. 72 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  301. I117
    Sch. 8, para. 73 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  302. I118
    Sch. 8, para. 74 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  303. F127
    Sch. 8 para. 82 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
  304. F128
    Sch. 8 para. 88 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
  305. F129
    Sch. 8 para. 89 repealed (22.8.1998) by 1998 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202)
  306. I119
    Sch. 8, para. 91 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  307. I120
    Sch. 8, para. 92 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  308. I121
    Sch. 8, para. 93 wholly in force: Sch.8, para. 93(b) in force at 6.5.1992; Sch. 8, para. 93(a) in force at 1.4.1993, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3
  309. I122
    Sch. 8, para. 94 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  310. I123
    Sch. 8, para. 95 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3
  311. I124
    Sch. 9 wholly in force: Sch. 9 in force so far as it relates to certain repeals at 6.5.1992, 1.4.1993, 1.8.1993; see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3, 4 (as amended by S.I. 1992/2041, art. 2(b))
  312. F130
    Words in s. 18(1)(aa) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para.11; S.I 2002/2439, {art. 3}; S.I. 2002/3185, art. 4
  313. F131
    S. 48 repealed (1.10.2002) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 18, Sch. 22 Pt. 1; S.I. 2002/2439, art. 2
  314. F132
    Words in s. 52A(1) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(a); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
  315. F133
    Words in s. 52A(1)(a) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(2)(b); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
  316. F134
    Words in s. 52A(2) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 19(3); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
  317. C26
    S.55: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3
  318. F135
    S. 60 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 21, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
  319. F136
    S. 39 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  320. F137
    S. 40 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  321. F138
    S. 41 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  322. F139
    S.42 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215, Sch. 21 para. 16, Sch. 22 Pt. 3; S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  323. F140
    S. 65(4A)(4B) repealed (1.9.2002) by 2001 c. 10, s. 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
  324. F141
    S. 85C inserted (1.4.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 165, 188(3); S.I. 2007/935, art. 4(b)
  325. F142
    S. 62(2) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  326. F143
    Words in s. 77(2) substituted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(5)(b), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  327. F144
    Words in s. 33K(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 18(a); S.I. 2012/924, art. 2
  328. F145
    Words in s. 85AD(4) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(e), 82(3); S.I. 2012/924, art. 2
  329. F146
    Word in s. 88 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 38(b); S.I. 2012/924, art. 2
  330. F147
    S. 57(5A) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(3), 32(3); S.I. 2008/983, art. 2
  331. F148
    Word in s. 52 heading inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(2)(b), 269(4); S.I. 2010/303, art. 3, Sch. 2
  332. F149
    S. 91(5)(za) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(a)(i)
  333. F150
    Words in s. 89(2) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(3)(a), 36(2)
  334. C27
    S. 51A functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12
  335. F151
    Words in s. 90(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(2)(a); S.I. 2012/924, art. 2
  336. F152
    Words in s. 66(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  337. F153
    Words in s. 29A(1) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(a), 11(2); S.I. 2014/1706, art. 3(d)
  338. F154
    S. 33H repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 15; S.I. 2012/924, art. 2
  339. F155
    Words in s. 33E(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 12; S.I. 2012/924, art. 2
  340. F156
    Word in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(b); S.I. 2012/924, art. 2
  341. F157
    Words in s. 49B(4) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(2)(b) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  342. F158
    S. 56A(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2
  343. F159
    Words in s. 56E(5)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(b); S.I. 2012/924, art. 2
  344. F160
    S. 20(2) substituted for s. 20(2)(2A) (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 2(1), 11(2); S.I. 2014/1706, art. 3(b)
  345. F161
    Words in s. 76(2) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(3), 32(5); S.I. 2007/3505, art. 6
  346. F162
    Words in s. 62(7)(b) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(c); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  347. F163
    Words in s. 56A(6)(c) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 7(5)(b); S.I. 2010/303, art. 3, Sch. 2
  348. F164
    S. 49A repealed (E.) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 22; S.I. 2012/924, art. 2
  349. F165
    Word in s. 85A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(b); S.I. 2012/924, art. 2
  350. F166
    Words in s. 89(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(3); S.I. 2012/924, art. 2
  351. F167
    S. 91(5ZA) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(b)
  352. C28
    S. 51A: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5
  353. F168
    Words in s. 85C(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(b); S.I. 2012/924, art. 2
  354. F169
    Words in s. 83 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 40
  355. F170
    S. 56H repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 33; S.I. 2012/924, art. 2
  356. F171
    Words in s. 56E(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(a); S.I. 2012/924, art. 2
  357. F172
    Words in s. 31(1) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(2)
  358. F173
    S. 51A inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(1), 269(4); S.I. 2010/303, art. 3, Sch. 2
  359. F174
    Ss. 56E-56J inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 8; S.I. 2010/303, art. 3, Sch. 2
  360. F175
    S. 85AB(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(d), 82(3); S.I. 2012/924, art. 2
  361. F176
    Words in s. 90(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(2)(b); S.I. 2012/924, art. 2
  362. F177
    Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
  363. F178
    Words in s. 19(4)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(2); S.I. 2012/924, art. 2
  364. F179
    Words in s. 85AB(6)(c) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(ii), 82(3); S.I. 2012/924, art. 2
  365. F180
    S. 91(5A) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 4(3); S.I. 2017/239, art. 2
  366. F181
    Words in s. 56E(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(c); S.I. 2012/924, art. 2
  367. F182
    S. 89(3C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(3)(b), 36(2)
  368. F183
    S. 38 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(d)
  369. F184
    S. 90(2ZA) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(3); S.I. 2012/924, art. 2
  370. F185
    S. 19(9) added (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 256(2), 269(4); S.I. 2010/303, art. 3, Sch. 2
  371. F186
    S. 57A omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(4), 11(2); S.I. 2014/1706, art. 3(e)
  372. F187
    Words in s. 91(6)(b) substituted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 26; S.I. 2018/1226, reg. 4(o)
  373. F188
    Words in s. 33F(6)(e)(ii) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(a); S.I. 2012/924, art. 2
  374. F189
    Sch. 1 omitted (W.) (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(7) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  375. F190
    Words in s. 33I(2)(a) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(b); S.I. 2014/1706, art. 3(h)
  376. F191
    S. 19(5) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(f), 11(2); S.I. 2014/1706, art. 3(a)
  377. F192
    S. 19(4AA) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(b), 11(2); S.I. 2014/1706, art. 3(a)
  378. F193
    Words in s. 52(3) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(b)(i) (with art. 7)
  379. F194
    Words in s. 90(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 12(2); S.I. 2009/3317, art. 2, Sch.
  380. F195
    Words in s. 92 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 42(b); S.I. 2012/924, art. 2
  381. F196
    S. 33L substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 19; S.I. 2012/924, art. 2
  382. F197
    Words in s. 66(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  383. F198
    Words in s. 76(5) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(9), 32(5); S.I. 2007/3505, art. 6
  384. C29
    Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)
  385. F199
    Words in s. 88A substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 39(a); S.I. 2012/924, art. 2
  386. F200
    Words in s. 65(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(8)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  387. F201
    S. 56A(2)(e) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(a), 36(2)
  388. F202
    Words in s. 65 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  389. F203
    Words in s. 89(1) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(i); S.I. 2014/1706, art. 3(h)
  390. F204
    S. 33K(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 18(b); S.I. 2012/924, art. 2
  391. F205
    Words in s. 76(3) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(6), 32(5); S.I. 2007/3505, art. 6
  392. F206
    S. 85A inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II
  393. F207
    S. 32 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)
  394. F208
    S. 77(A1) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(2), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  395. F209
    S. 68 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(e) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  396. C30
    S. 69 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
  397. F210
    Word in s. 85B heading inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(2), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
  398. F211
    S. 61A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 38
  399. F212
    Words in s. 28(3A) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(a), 36(2)
  400. F213
    Words in s. 56A(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 7(4)(a); S.I. 2010/303, art. 3, Sch. 2
  401. F214
    S. 57(6A)(6B) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(4), 32(3); S.I. 2008/983, art. 2
  402. F215
    Words in s. 56E heading substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(10); S.I. 2012/924, art. 2
  403. F216
    S. 89(3B) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(4); S.I. 2012/924, art. 2
  404. F217
    Words in s. 54(1)(e)(ii) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 109 (with s. 247)
  405. F218
    S. 31(2A) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(3), 11(2); S.I. 2014/1706, art. 3(d)
  406. F219
    S. 36 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(c)
  407. F220
    S. 49A: amendment to earlier affecting provision 2007 c. 25, s. 22 (W.) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 45; S.I. 2012/924, art. 2
  408. F221
    S. 91(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(3); S.I. 2009/3317, art. 2, Sch.
  409. C31
    S. 44(2A) modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
  410. F222
    Ss. 56A-56C inserted (23.12.2007 for the insertion of s. 56B, 18.4.2008 in so far as not already in force) by Further Education and Training Act 2007 (c. 25), ss. 17, 32(5); S.I. 2007/3505, arts. 2(c), 5
  411. F223
    S. 56A(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(8); S.I. 2012/924, art. 2
  412. F224
    Sch. 8 para. 49 repealed (2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2007/3611, art. 4(1), Sch. Pt. 1
  413. F225
    Ss. 33N-33P substituted for s. 33N (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 20; S.I. 2012/924, art. 2 (with art. 6)
  414. F226
    S. 27A(6) inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 37(2), 47(2); S.I. 2018/1161, reg. 3(a)
  415. F227
    Words in s. 53(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 93(3) (with art. 2(3))
  416. F228
    Words in s. 62(7A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(8); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  417. F229
    S. 19(4A) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(a), 11(2); S.I. 2014/1706, art. 3(a)
  418. F230
    S. 91(5)(aa) inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 4(2); S.I. 2017/239, art. 2
  419. F231
    S. 51 repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 23; S.I. 2012/924, art. 2 (with art. 7)
  420. F232
    Sch. 8 para. 37 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
  421. F233
    S. 49B inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 80, 164(3)(f)
  422. F234
    S. 53(1)(aa) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 93(2) (with art. 2(3))
  423. F235
    Words in s. 52(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(a), Sch. 2 Pt. 1 (with art. 2(3))
  424. F236
    Words in s. 33M substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 61 (with s. 20(2), Sch. 8)
  425. F237
    S. 56A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 7
  426. F238
    S. 54(2) renumbered as s. 54(3) (12.11.2018) by Technical and Further Education Act 2017 (c. 19), ss. 40(3), 47(2); S.I. 2018/1161, reg. 2
  427. F239
    Word in s. 85A(6) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(c); S.I. 2012/924, art. 2
  428. F240
    S. 77(5)(6) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(9), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  429. F241
    Sch. 8 para. 90 repealed (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, Sch. Pt. II
  430. F242
    Words in s. 76(6) substituted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(11), 32(5); S.I. 2007/3505, art. 6
  431. C32
    S. 85C modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
  432. F243
    Words in s. 82(2A) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)
  433. F244
    Words in s. 70 heading substituted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 2(3); S.I. 2015/1327, art. 5(s)(ii)
  434. F245
    S. 33J(1A) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(2); S.I. 2012/924, art. 2
  435. F246
    Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)
  436. F247
    Words in s. 65(3A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(6)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  437. F248
    S. 22 substituted for ss. 22, 22ZA (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 2(3), 11(2); S.I. 2014/1706, art. 3(b)
  438. F249
    S. 78(3) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 24(4); S.I. 2018/1226, reg. 4(o)
  439. F250
    S. 54(1)(2) substituted for s. 54(1) (12.11.2018) by Technical and Further Education Act 2017 (c. 19), ss. 40(2), 47(2); S.I. 2018/1161, reg. 2
  440. F251
    S. 61(3)(b) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 13; S.I. 2018/241, reg. 2(s)
  441. C33
    S. 66 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
  442. F252
    Words in s. 85AA(6) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(3)(b); S.I. 2012/924, art. 2
  443. F253
    S. 29B substituted for ss. 29B, 29C (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(2), 11(2); S.I. 2014/1706, art. 3(d)
  444. F254
    S. 83(1)-(1B) substituted for s. 83(1) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(2) (with art. 2(3))
  445. F255
    S. 56J repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 35; S.I. 2012/924, art. 2
  446. F256
    Words in s. 56E(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(3); S.I. 2012/924, art. 2
  447. F257
    Words in s. 65(3A) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(6)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  448. F258
    Words in s. 83(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(3)(a) (with art. 2(3))
  449. F259
    Words in s. 65(2)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  450. F260
    Words in s. 85AB(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(i), 82(3); S.I. 2012/924, art. 2
  451. F261
    Words in s. 52(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(b)(ii), Sch. 2 Pt. 1 (with art. 2(3))
  452. F262
    Words in s. 52(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 44(2)(a), 269(4); S.I. 2010/303, art. 3, Sch. 2
  453. F263
    S. 84(4) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 5(7)
  454. F264
    Words in s. 85AB(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(c), 82(3); S.I. 2012/924, art. 2
  455. F265
    S. 31 ceases to have effect (E.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 5(1)
  456. F266
    S. 77(3A)(3B) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(7), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  457. F267
    Word in s. 88A substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 39(b); S.I. 2012/924, art. 2
  458. F268
    Words in s. 53(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(a); S.I. 2012/924, art. 2
  459. F269
    Words in s. 33F(6)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 60 (with s. 20(2), Sch. 8)
  460. F270
    S. 56AA repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 26; S.I. 2012/924, art. 2
  461. F271
    Words in s. 62(7)(a) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  462. F272
    Words in s. 17(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 2; S.I. 2010/303, art. 3, Sch. 2
  463. F273
    S. 56B repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 27; S.I. 2012/924, art. 2
  464. F274
    S. 37 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 92, Sch. 2 Pt. 2 (with art. 2(3))
  465. F275
    S. 76(1)(b) and preceding semi-colon inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(b), 32(5); S.I. 2007/3505, art. 6
  466. F276
    Words in s. 90(1) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 25; S.I. 2018/1226, reg. 4(o)
  467. F277
    S. 85A(4)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(b); S.I. 2012/924, art. 2
  468. F278
    S. 56E(7)(c) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(c), 36(2)
  469. F279
    Words in s. 66(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(2)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  470. F280
    Words in s. 90(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 5(8)
  471. F281
    S. 56D repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 29; S.I. 2012/924, art. 2
  472. F282
    Words in s. 56E(1) substituted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(2); S.I. 2012/924, art. 2
  473. F283
    Words in s. 84(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(ii)
  474. F284
    S. 80 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
  475. F285
    Word in s. 78 heading inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 24(2); S.I. 2018/1226, reg. 4(o)
  476. F286
    S. 19(4C) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(e), 11(2); S.I. 2014/1706, art. 3(a)
  477. F287
    S. 19(4AB) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(c), 11(2); S.I. 2014/1706, art. 3(a)
  478. F288
    S. 33D(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(b)
  479. F289
    S. 91(4) omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(5)(a) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  480. F290
    S. 56A(7A) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(d), 36(2)
  481. F291
    Words in s. 83(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 25(3)(b) (with art. 2(3))
  482. F292
    S. 35 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(b)
  483. F293
    Sch. 8 paras. 46, 47 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, Sch. Pt. 1
  484. F294
    Word in s. 19(4)(c) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(a)
  485. F295
    Words in s. 33C(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(3); S.I. 2012/924, art. 2
  486. F296
    S. 56E(4)-(4B) substituted for s. 56E(4) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(4); S.I. 2012/924, art. 2
  487. F297
    Words in s. 84(1)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(i)
  488. F298
    Words in s. 57 heading inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(7); S.I. 2008/1065, art. 2(c)
  489. C34
    S. 92 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(2)(4) (with art. 28)
  490. C35
    Sch. 1 applied (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), ss. 25(6), 59(2) (with Sch. para. 31); S.I. 2015/1327, art. 5(h)
  491. F299
    S. 16A inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 2; S.I. 2012/924, art. 2
  492. F300
    S. 89(3A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
  493. F301
    Words in s. 78(1) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 24(3); S.I. 2018/1226, reg. 4(o)
  494. F302
    S. 58 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(e)
  495. F303
    Words in s. 56A(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(6); S.I. 2012/924, art. 2
  496. F304
    Words in s. 89(2) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(ii); S.I. 2014/1706, art. 3(h)
  497. C36
    Sch. 1 para. 16(2) functions modified (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 30
  498. F305
    S. 34 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(4)
  499. F306
    Words in s. 65(3B) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(7); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  500. F307
    S. 52B inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 5, 36(2)
  501. F308
    Words in s. 85AB(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(4); S.I. 2012/924, art. 2
  502. F309
    S. 64 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
  503. F310
    S. 56A(7)(c) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(c)(ii), 36(2)
  504. F311
    S. 57(9) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 13, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
  505. C37
    Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)
  506. C38
    Act applied (1.4.2005) by The Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
  507. F312
    Words in s. 57(4) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(5); S.I. 2008/1065, art. 2(c)
  508. F313
    Words in s. 61(1) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(c); S.I. 2014/1706, art. 3(h)
  509. F314
    Ss. 23-26 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(2)
  510. F315
    S. 56E(7A) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(d), 36(2)
  511. F316
    Words in s. 85AD(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(d), 82(3); S.I. 2012/924, art. 2
  512. F317
    Words in s. 76(4) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(7), 32(5); S.I. 2007/3505, art. 6
  513. F318
    Words in s. 65(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(5)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  514. F319
    Words in s. 57(2)(a) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(a); S.I. 2008/1065, art. 2(c)
  515. F320
    Ss. 27-27B substituted for ss. 27-27C (1.8.2014 for specified purposes; 1.9.2014 in force in so far as not already in force) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 3, 11(2); S.I. 2014/1706, art. 2, art. 3(c)
  516. F321
    S. 19(4AC) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 3(6); S.I. 2012/924, art. 2
  517. F322
    S. 85AB(6A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(b), 82(3); S.I. 2012/924, art. 2
  518. F323
    S. 33I(2)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 16(b); S.I. 2012/924, art. 2
  519. F324
    S. 56A(2A)-(2C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(b), 36(2)
  520. F325
    S. 29A(6) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(b), 11(2); S.I. 2014/1706, art. 3(d)
  521. F326
    Words in s. 79 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 20(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 7)
  522. C39
    S. 44: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90)
  523. F327
    S. 57(2)(d) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), ss. 18(2), 32(3); S.I. 2008/983, art. 2
  524. F328
    S. 56C repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 28; S.I. 2012/924, art. 2
  525. F329
    S. 19(8) inserted (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(6), 32(1)
  526. F330
    S. 52A(1)(aa) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 5; S.I. 2010/303, art. 3, Sch. 2
  527. F331
    S. 85B inserted (31.5.2007 for E., 31.10.2010 for W.) by Violent Crime Reduction Act 2006 (c. 38), ss. 46, 66(2); S.I. 2007/858, art. 3(b); S.I. 2010/2426, art. 2
  528. F332
    S. 56E(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2
  529. F333
    S. 19(4)(bb)(bc) substituted for s. 19(4)(bb) (23.10.2007) by Further Education and Training Act 2007 (c. 25), ss. 21(2), 32(1) (with s. 21(7))
  530. F334
    S. 28(3B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(b), 36(2)
  531. F335
    Words in s. 62(7) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(7)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  532. F336
    Words in s. 77(4) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(8), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  533. F337
    S. 79A omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 21; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 8)
  534. F338
    Words in s. 68 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 17(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  535. C40
    S. 83 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
  536. F339
    Words in s. 52(2) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(a) (with art. 7)
  537. F340
    S. 33Q inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 38(3), 47(2); S.I. 2018/1161, reg. 3(a)
  538. F341
    Words in s. 33J(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 17(3)(a); S.I. 2012/924, art. 2
  539. F342
    Words in s. 56E(6)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(6)(b); S.I. 2012/924, art. 2
  540. F343
    Words in s. 57(2)(b) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(b); S.I. 2008/1065, art. 2(c)
  541. F344
    S. 89(6) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(3)(c), 36(2)
  542. F345
    S. 69(1A)(1B) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)
  543. F346
    Words in s. 56A(7)(b) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(c)(i), 36(2)
  544. C41
    S. 51A functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)
  545. F347
    Words in s. 57(2)(b) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 3(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2
  546. F348
    Words in s. 77(1)(b) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(3)(a), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  547. F349
    S. 62 omitted (1.8.2024 to the extent it omits section 62(1)(3)(4)(9)) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(b) (with s. 19); S.I. 2024/806, art. 3(c)(i) (with art. 28)
  548. C42
    S. 51A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)
  549. F350
    Sch. 8 paras. 75-88 repealed (1.10.2010) by Equality Act 2010 (c. 15), Sch 27 Pt 1 (as substituted by S.I. 2010/2279, art. 1(2), Sch. 2); S.I. 2010/2317, art. 2
  550. F351
    Words in s. 66(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  551. F352
    Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
  552. F353
    Words in s. 21(3) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 12 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
  553. F354
    S. 82(3)(a) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 25(c) (with art. 7)
  554. F355
    Words in s. 33F(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(c); S.I. 2012/924, art. 2
  555. F356
    S. 33D(2)(b) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 6(a)
  556. F357
    S. 56E(2A)-(2C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(b), 36(2)
  557. F358
    Words in s. 85B(1) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
  558. F359
    S. 89(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(4); S.I. 2010/303, art. 3, Sch. 2
  559. F360
    Word in s. 30(1) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(a); S.I. 2014/1706, art. 3(h)
  560. F361
    S. 88A inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 18
  561. F362
    S. 43 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 92, Sch. 2 Pt. 2 (with art. 2(3))
  562. F363
    Words in s. 57(5)(c) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(6)(b); S.I. 2008/1065, art. 2(c)
  563. F364
    S. 56A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(4); S.I. 2012/924, art. 2
  564. F365
    Words in s. 89(3) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
  565. F366
    Words in s. 52(3) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 22(b)(ii) (with art. 7)
  566. F367
    Words in s. 56E(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(7); S.I. 2012/924, art. 2
  567. F368
    Ss. 85AC(6A)-(6E) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(a), 82(3); S.I. 2012/924, art. 2
  568. F369
    Words in s. 85AD(2)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(b), 82(3); S.I. 2012/924, art. 2
  569. F370
    S. 76(5A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(10), 32(5); S.I. 2007/3505, art. 6
  570. C43
    S. 51A: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 5
  571. F371
    S. 56G repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 32; S.I. 2012/924, art. 2
  572. F372
    S. 22A substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 58 (with s. 20(2), Sch. 8) (with S.I. 2011/1396, Sch. para. 43(b))
  573. F373
    S. 19A repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 4; S.I. 2012/924, art. 2
  574. F374
    Word in s. 85A(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(a); S.I. 2012/924, art. 2
  575. F375
    S. 19(4B) omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 1(d), 11(2); S.I. 2014/1706, art. 3(a)
  576. F376
    S. 56E(2)(e) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(a), 36(2)
  577. F377
    Word in s. 57(5A) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(2)(a), 11(2); S.I. 2014/1706, art. 3(e)
  578. F378
    S. 33O(5) inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 38(2), 47(2); S.I. 2018/1161, reg. 3(a)
  579. F379
    S. 56E(9A)-(9C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2)
  580. C44
    S. 85B modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
  581. F380
    Words in s. 56E(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(5)(a); S.I. 2012/924, art. 2
  582. F381
    S. 57(5B) inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(3), 11(2); S.I. 2014/1706, art. 3(e)
  583. F382
    Words in s. 92 omitted (1.8.2024 to the extent it omits the entry for “the HEFCW”) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(6) (with s. 19); S.I. 2024/806, art. 3(c)(iii) (with art. 28)
  584. F383
    Words in s. 31(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)
  585. F384
    S. 79 omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(g) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  586. F385
    Words in s. 69(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 18(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 5)
  587. F386
    S. 56E(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(9); S.I. 2012/924, art. 2
  588. F387
    S. 70 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 19; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 6)
  589. F388
    S. 56I repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 34; S.I. 2012/924, art. 2
  590. F389
    S. 76(6A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(12), 32(5); S.I. 2007/3505, art. 6
  591. F390
    Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(b); S.I. 2012/924, art. 2
  592. F391
    S. 76(2B) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(5), 32(5); S.I. 2007/3505, art. 6
  593. F392
    S. 76(2A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(4), 32(5); S.I. 2007/3505, art. 6
  594. F393
    Word in s. 88A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(h)(ii)
  595. F394
    S. 56A(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(7); S.I. 2012/924, art. 2
  596. F395
    S. 57(3) repealed (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(4), Sch. 2; S.I. 2008/1065, art. 2(c)(d)
  597. F396
    Words in s. 65(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(3)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  598. F397
    Words in s. 57(2)(c) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(3)(b); S.I. 2008/1065, art. 2(c)
  599. F398
    Words in s. 85AD(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(a), 82(3); S.I. 2012/924, art. 2
  600. F399
    Words in s. 29A heading omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 4(1)(c), 11(2); S.I. 2014/1706, art. 3(d)
  601. F400
    Words in s. 85AA(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(3)(a); S.I. 2012/924, art. 2
  602. F401
    Words in s. 56A(5)(6) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(5); S.I. 2012/924, art. 2
  603. F402
    Words in s. 62(7B) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 23 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))
  604. F403
    S. 56F repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 31; S.I. 2012/924, art. 2
  605. F404
    Words in s. 92 inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 42(a); S.I. 2012/924, art. 2
  606. F405
    Words in s. 65(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(8)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  607. F406
    Words in s. 92 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 26(4); S.I. 2018/241, reg. 2(s)
  608. C45
    S. 62 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
  609. F407
    Words in s. 90(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 12(3); S.I. 2009/3317, art. 2, Sch.
  610. F408
    S. 76(4A) inserted (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(8), 32(5); S.I. 2007/3505, art. 6
  611. F409
    S. 33G repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 14; S.I. 2012/924, art. 2
  612. F410
    Words in s. 57(5) substituted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(6)(a); S.I. 2008/1065, art. 2(c)
  613. F411
    Words in s. 89(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(c); S.I. 2012/924, art. 2
  614. F412
    Words in s. 88 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 38(a); S.I. 2012/924, art. 2
  615. F413
    Words in s. 53(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(b); S.I. 2012/924, art. 2
  616. F414
    S. 90(2B) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(b) (with art. 7)
  617. F415
    Words in s. 77(3) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(6), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  618. F416
    Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2
  619. F417
    S. 56A(9A)-(9C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2)
  620. F418
    Words in s. 89(3) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(iii); S.I. 2014/1706, art. 3(h)
  621. F419
    Words in s. 89(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(b); S.I. 2012/924, art. 2
  622. F420
    Words in s. 65(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(5)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  623. F421
    Sch. 5 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(i)
  624. F422
    S. 56E(7B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(e), 36(2)
  625. F423
    S. 62(5)(6) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(6); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  626. F424
    S. 90(2A) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(a) (with art. 7)
  627. F425
    Words in s. 82(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)
  628. F426
    S. 56A(7B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(e), 36(2)
  629. C46
    S. 65 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)
  630. F427
    Words in s. 66(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(2)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  631. F428
    Words in s. 49B(2) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(2)(a) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)
  632. F429
    Word in s. 89(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(2)(a); S.I. 2009/3317, art. 2, Sch.
  633. F430
    Words in s. 85AC(9) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(b), 82(3); S.I. 2012/924, art. 2
  634. F431
    S. 62 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  635. F432
    S. 85A(2)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(a); S.I. 2012/924, art. 2
  636. F433
    Words in s. 85C(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(a); S.I. 2012/924, art. 2
  637. F434
    Sch. 4 substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 1; S.I. 2014/1706, art. 3(b)
  638. F435
    S. 91(3)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(2); S.I. 2009/3317, art. 2, Sch.
  639. F436
    Words in s. 57(1) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(2); S.I. 2008/1065, art. 2(c)
  640. F437
    S. 69 omitted (1.8.2024 to the extent it omits section 69(1)(3)-(7)) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(f) (with s. 19); S.I. 2024/806, art. 3(c)(ii) (with art. 28)
  641. C47
    S. 18(3)(c) modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)
  642. F438
    Words in s. 76(1)(b) repealed (1.10.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 259(1), 269(3), Sch. 16 Pt. 11; S.I. 2010/2413, art. 2(c) (with arts. 3-5)
  643. F439
    Words in s. 77(2) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(5)(a), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  644. F440
    Words in s. 62(8) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(9); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  645. F441
    S. 85A(6)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(c); S.I. 2012/924, art. 2
  646. F442
    S. 82(1)-(1B) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)
  647. F443
    S. 33F(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(b); S.I. 2012/924, art. 2
  648. F444
    Words in s. 52(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(b)(i), Sch. 2 Pt. 1 (with art. 2(3))
  649. F445
    Words in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(i)
  650. F446
    Words in s. 19(4)(bc) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 57 (with s. 20(2), Sch. 8)
  651. F447
    Words in s. 92 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 26(2); S.I. 2018/241, reg. 2(s)
  652. C48
    Act excluded (1.7.2004 for E., 31.3.2011 for W.) by Higher Education Act 2004 (c. 8), ss. 29(3), 52(1); S.I. 2011/297, art. 4(a)
  653. F448
    Words in s. 65(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(3)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)
  654. F449
    Words in s. 57(2)(c) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 3(3); S.I. 2009/371, art. 2(2), Sch. Pt. 2
  655. F450
    Words in s. 28(1) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(a), 36(2)
  656. F451
    Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2
  657. F452
    Words in s. 33M omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1)(2)(f)
  658. F453
    Word in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(ii)
  659. F454
    Words in s. 91(5)(b) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(a)(ii) (with reg. 45)
  660. F455
    Words in s. 56A(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(3); S.I. 2012/924, art. 2
  661. F456
    S. 33 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)
  662. F457
    Words in s. 82(3)(a) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(d); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)
  663. F458
    S. 85AD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(c), 82(3); S.I. 2012/924, art. 2
  664. F459
    Words in s. 82(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(3); S.I. 2012/924, art. 2
  665. F460
    S. 77(1A) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(4), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  666. F461
    Words in s. 92 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 14; S.I. 2009/3317, art. 2, Sch.
  667. F462
    Words in s. 31(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)
  668. F463
    S. 27C inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 37(3), 47(2); S.I. 2018/1161, reg. 3(a)
  669. F464
    S. 56E(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(8); S.I. 2012/924, art. 2
  670. F465
    Words in s. 83(1B) table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 37; S.I. 2012/924, art. 2
  671. F466
    Word in s. 88A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(h)(i)
  672. F467
    Words in s. 77(1) omitted (1.4.2019) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 56(3)(b), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)
  673. F468
    S. 85AA(3)(ea) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(2), 82(3); S.I. 2012/924, art. 2
  674. F469
    S. 76(1)(a) renumbered (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(a), 32(5); S.I. 2007/3505, art. 6
  675. F470
    S. 57(5A)(b) and word inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(2)(b), 11(2); S.I. 2014/1706, art. 3(e)
  676. F471
    Words in s. 82(3)(a) substituted (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2024 (S.I. 2024/433), arts. 1(3), 3; S.I. 2024/806, art. 2(b) (with art. 28)
  677. F472
    Words in s. 89(4) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(3); S.I. 2010/303, art. 3, Sch. 2
  678. F473
    S. 82(2A) inserted (1.7.1999) by The Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), art. 2, Sch. para. 13; S.I. 1998/3178, art. 3
  679. F474
    S. 49A inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 22, 32(4); S.I. 2007/3505, art. 2(d)
  680. F475
    S. 81 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(h) (with s. 19); W.S.I. 2026/62, art. 2(ww)(ii)
  681. F476
    Words in s. 83(1B) table omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(4) (with s. 19); W.S.I. 2026/62, art. 2(ww)(iii)