Office of Public Sector Information
PART I continued CHAPTER V continued
(6) Any sum payable under section 108, 109 or 111 of this Act by the parent of any registered pupil at a maintained school shall be recoverable summarily as a civil debt.
(7) In this Chapter—
(a) “equipment” does not include clothing;
(b) “the local education authority” means, in relation to a maintained school which is a school maintained by a local education authority, the authority by whom the school is maintained;
(c) “maintained school” means—
(i) any school maintained by a local education authority; and
(ii) any grant-maintained school;
(d) references to a public examination (including a prescribed public examination) are references to such an examination as it applies in relation to persons entered for any syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment for the purposes of determining the achievements of persons entered for that examination takes place;
(e) references to an examination requirement for a syllabus for any such examination are references to any requirement a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus; and
(f) “residential trip” has the meaning given by section 106(10) of this Act.
(8) For the purposes of subsection (7) above an assessment for the purposes of determining the achievements of persons entered for any examination is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus whether that person has passed or failed and, if grades are assigned for the purposes of the examination, the grade to be assigned in his case.
(1) For the purposes of this Part of this Act—
(a) children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class; and
(b) “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age.
(2) References in this Part, in relation to proposals under section 28, 52(4), 89 or 92 of this Act, to the date of publication of the proposals are references—
(a) to the date on which the requirements of this Act, or of regulations under this Act, with respect to the publication of the proposals (or of any notice relating to the proposals) are satisfied; or
(b) where different requirements such as are mentioned in paragraph (a) above are satisfied on different dates, to the last of those dates;
and references to the time at which such proposals are published shall be construed accordingly.
(3) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (2) above be taken to be satisfied on the first date in respect of which it is satisfied.
(1) A local education authority shall no longer be under a duty to secure the provision for their area of facilities for higher education, that is to say, education provided by means of a course of any description mentioned in Schedule 6 to this Act.
(2) The following section shall be substituted for section 41 of the 1944 Act—
(1) It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education.
(2) Subject to the following provisions of this section, in this Act “further education” means—
(a) full-time and part-time education for persons over compulsory school age (including vocational, social, physical and recreational training); and
(b) organized leisure-time occupation provided in connection with the provision of such education.
(3) In this Act “further education” does not include higher education.
(4) Full-time education suitable to the requirements of senior pupils over compulsory school age shall not be regarded for the purposes of this Act as further education if it is or is to be provided by an institution which does not provide part-time senior education or post-school age education to a significant extent.
(5) In this Act—
(a) “part-time senior education” means part-time education for senior pupils over compulsory school age; and
(b) “post-school age education” means full-time or part-time education for persons of or over nineteen years of age.
(6) The duty of a local education authority under subsection (1) above extends, in the case of further education of a vocational kind, to the provision of facilities for continuing education for persons already in employment or already engaged in a vocation as well as to the provision of facilities for education with a view to entry into any employment or vocation.
(7) In subsection (2)(b) above “organized leisure time occupation” means leisure-time occupation, in such organized cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.
(8) A local education authority shall have power to secure the provision of further education for persons living outside their area.
(9) In fulfilling their duty under subsection (1) above a local education authority shall have regard to any educational facilities provided by universities, institutions within the PCFC funding sector and other bodies which are provided for, or available for use by persons living in, their area.
(10) In fulfilling that duty a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.
(11) Subject to subsection (12) below, for the purposes of subsection (10) above 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 the local education authority concerned in pursuance of their duty under subsection (1) above for persons of his age.
(12) A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
(13) A local education authority shall have power to do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.”
(3) A local education authority shall have power—
(a) to secure the provision for their area of such facilities for higher education as appear to them to be appropriate for meeting the needs of the population of their area;
(b) to secure the provision of higher education for persons living outside their area; and
(c) to do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.
(4) In exercising their power under subsection (3)(a) above a local education authority shall have regard to any facilities for higher education provided by universities, institutions within the PCFC funding sector and other bodies which are provided for, or available for use by persons living in, their area.
(5) In the 1944 Act—
(a) section 42 (which contains provisions relating to schemes for regulating the provision by local education authorities of further education and is no longer required for the purposes of section 41 of that Act as substituted by this section); and
(b) sections 43 to 46 (which relate to county colleges and have never been put into operation);
shall cease to have effect.
(6) In section 8 of that Act (duty of local education authority to secure provision of primary and secondary schools)—
(a) in subsection (1)(b) (which requires a local education authority to secure that sufficient schools for providing secondary education are available for their area), the words “other than such full-time education as may be provided for senior pupils in pursuance of a scheme made under the provisions of this Act relating to further education” shall be omitted; and
(b) at the end there shall be added the following subsection—
“(3) In fulfilling their duty under subsection (1)(b) above a local education authority shall have regard to any facilities for full-time education—
(a) provided for senior pupils by any educational institution maintained or assisted by the authority in exercise of their functions under section 41 of this Act; or
(b) otherwise secured for such pupils by the authority in exercise of those functions.”
(7) In section 67 of that Act (determination of disputes and questions), at the end there shall be added the following subsection—
“(4A) If in the case of any institution a question arises as to whether any current or proposed provision of part-time senior education or post-school age education by that institution amounts or would amount to the provision of such education to a significant extent, that question shall be determined by the Secretary of State.”
(8) References in this Act to an institution within the PCFC funding sector are references to any institution which falls to be treated as within that sector for the purposes of this Act by virtue of section 132 of this Act (which establishes the Polytechnics and Colleges Funding Council).
(9) In section 114 of the 1944 Act (interpretation)—
(a) in subsection (1)—
(i) after the definition of “further education” there shall be inserted the following definition—
““Higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988;”; and
(ii) after the definition of “parent” there shall be inserted the following definitions—
““Part-time senior education” has the meaning assigned to it by section 41 of this Act;
“Post-school age education” has the meaning assigned to it by section 41 of this Act;”; and
(b) after that subsection there shall be inserted the following subsections—
“(1A) References in this Act to an institution within the PCFC funding sector are references to any institution which falls to be treated as within that sector for the purposes of the Education Reform Act 1988 by virtue of section 132 of that Act (which establishes the Polytechnics and Colleges Funding Council).
(1B) For the purposes of this Act, an institution which provides part-time senior education or post-school age education shall be regarded as providing such education to a significant extent if the provision of such education by the institution is not merely incidental to the provision of education which is not part-time senior education or post-school age education.
(1C) For the purpose of determining whether an institution is a school as defined by subsection (1) of this section, the provision by the institution of part-time senior education or post-school age education shall be disregarded if the institution does not provide such education to a significant extent.”.
(10) The Secretary of State may by order amend Schedule 6 to this Act.
(1) Before such date as may be appointed for the purposes of this section the Secretary of State shall by order specify each institution maintained by a local education authority which appears to him to fall within subsection (2) below; and on that date a body corporate shall be established for the purpose of conducting each institution so specified as from the transfer date applicable in relation to bodies corporate established under this section.
(2) An institution falls within this subsection if on 1st November 1985 either—
(a) its full-time equivalent enrolment number for courses of advanced further education exceeded 350 and also exceeded 55 per cent. of its total full-time equivalent enrolment number; or
(b) its full-time equivalent enrolment number for such courses exceeded 2,500.
(3) Where an institution maintained by a local education authority has been established since that date by a merger of two or more institutions existing on that date, the institution shall be treated as falling within subsection (2) above if it would have done so if the merger had taken place before that date.
(4) References in this Part of this Act to courses of advanced further education are references to courses designated by Schedule 2 to the [S.I. 1981/1086.] Education (Schools and Further Education) Regulations 1981 as courses of advanced further education.
(1) Subject to subsection (2) below, if at any time it appears to the Secretary of State, in the case of any institution maintained by a local education authority, that its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number he may make an order under this section with respect to that institution.
(2) An order may only be made by virtue of subsection (1) above with the consent of the local education authority concerned, unless at the time when the order is made it appears to the Secretary of State that the institution’s full-time equivalent enrolment number for courses of higher education exceeds 350.
(3) Subject to the following provisions of this section, if it appears to the Secretary of State, in the case of any such institution, that its full-time equivalent enrolment number for courses of advanced further education on 1st November 1985—
(a) exceeded 55 per cent. of its total full-time equivalent enrolment number on that date; but
(b) did not exceed 350;
he may make an order under this section with respect to that institution.
(4) No order shall be made by virtue of subsection (3) above after the end of the period of twelve months beginning with the date on which this section comes into force.
(5) An order may only be made by virtue of subsection (3) above with the consent of the local education authority concerned.
(6) An order under this section with respect to any institution shall make provision for the establishment of a body corporate for the purpose of conducting that institution as from the transfer date applicable in relation to that body corporate.
(1) References in this Act to a higher education corporation are references to a body corporate established under section 121 or 122 of this Act.
(2) In this Act “transfer date” means, in relation to a higher education corporation, the date appointed under section 126 of this Act in relation to the transfer under that section of property, rights and liabilities to that corporation.
(3) Schedule 7 to this Act has effect with respect to each higher education corporation.
(1) A higher education corporation shall have power—
(a) to provide higher education;
(b) to provide further education; and
(c) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.
(2) A higher education corporation shall also have power to do anything which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of the powers conferred on the corporation by subsection (1) above, including in particular power—
(a) to conduct an educational institution for the purpose of carrying on activities undertaken in exercise of any of those powers and, in particular, to assume the conduct as from the transfer date applicable in relation to the corporation of the institution in respect of which the corporation is established and for that purpose to receive any property, rights and liabilities transferred to the corporation under section 126 of this Act;
(b) to provide facilities of any description appearing to the corporation to be necessary or expedient for the purposes of or in connection with carrying on any such activities (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of disabled students);
(c) to supply goods and services;
(d) to acquire and dispose of land and other property;
(e) to enter into contracts, including in particular—
(i) contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any such activities; and
(ii) contracts with respect to the carrying on by the corporation of any such activities;
(f) to form or take part in forming a body corporate for carrying on any such activities;
(g) to borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under section 126 of this Act and, in connection with such borrowing, to grant any mortgage, charge or other security in respect of any land or other property of the corporation;
(h) to invest any sums not immediately required for any of the purposes mentioned in paragraph (g) above;
(i) to accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes; and
(j) to do anything incidental to the conduct of an educational institution providing higher or further education.
(3) The power under subsection (2)(j) above includes in particular power—
(a) to found scholarships or exhibitions; and
(b) to make grants and give prizes.
(4) In subsection (2)(b) above “disabled student” means a student who is a person to whom section 29 of the [1948 c. 29.] National Assistance Act 1948 applies.
(1) Any institution conducted by a higher education corporation shall be conducted in accordance with articles of government, to be made by the corporation with the approval of the Secretary of State.
(2) The articles of government—
(a) shall determine the functions to be exercised in relation to the institution by the board of governors of the institution, the principal of the institution and the academic board of the institution; and
(b) may regulate the constitution and functions of committees of the corporation and of the academic board of the institution and provide for the delegation of functions of the board of governors and the academic board to such committees, to the chairman of the corporation or to the principal.
(3) The articles of government shall also make provision with respect to the procedure for meetings of the board of governors, of the academic board and of committees of the corporation and the procedure in relation to the appointment of members of the corporation (including in either case quorum and proxies), and may make provision with respect to—
(a) procedures for the appointment, promotion, suspension and dismissal of staff;
(b) procedures for the admission, suspension and expulsion of students; and
(c) the appointment and functions of a clerk to the board of governors.
(4) The articles of government may also make provision authorising the board of governors to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws with respect to—
(a) the conduct of students and staff or either of them; and
(b) any such procedures as are mentioned in subsection (3)(a) or (b) above.
(5) Articles of government made under this section may be varied or revoked by subsequent articles made by the corporation with the approval of the Secretary of State.
(6) The Secretary of State may by a direction under this section require higher education corporations, any class of such corporations specified in the direction or any particular higher education corporation so specified—
(a) to amend their articles of government; or
(b) to secure that any rules or bye-laws made in pursuance of their articles of government are amended by the board of governors;
in any manner so specified.
(7) Before giving a direction under this section, the Secretary of State shall consult the board of governors of the higher education corporation or (as the case may be) of each higher education corporation to which the direction applies.
(1) In the case of a higher education corporation established under section 121 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to the corporations so established.
(2) In the case of a higher education corporation established under section 122 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to that corporation.
(3) Subject to subsection (5) below and section 198 of this Act, on the transfer date applicable in relation to a higher education corporation the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, that corporation.
(4) The property, rights and liabilities referred to in subsection (3) above are—
(a) all land or other property which, immediately before that date, was property of any local education authority used or held for the purposes of the transferred institution; and
(b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.
(5) Subsection (3) above shall not apply to—
(a) rights and liabilities under any contract of employment;
(b) any liability of any such authority in respect of the principal of, or any interest on, any loan; or
(c) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.
(6) In this section “the transferred institution” means, in relation to any higher education corporation, the institution the corporation is established to conduct.
(1) This section applies to any person who immediately before the transfer date applicable in relation to a higher education corporation—
(a) is employed by the transferor authority to work solely at the institution the corporation is established to conduct; or
(b) is employed by that authority to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.
(2) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the corporation.
(3) Without prejudice to subsection (2) above—
(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the transfer date; and
(b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.
(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
(5) An order under this section may designate a person either individually or as a member of a class or description of employees.
(6) References in this section, in relation to a higher education corporation, to the transferor authority, are references to the local education authority by whom the institution that corporation is established to conduct is maintained immediately before the transfer date.
(1) Subject to the following provisions of this section, the Secretary of State may by order provide for—
(a) the dissolution of any higher education corporation; and
(b) the transfer of property, rights and liabilities of the corporation to—
(i) any person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;
(ii) any body corporate established for purposes which include the provision of such facilities or services;
(iii) the Universities Funding Council established under section 131 of this Act; or
(iv) the Polytechnics and Colleges Funding Council established under section 132 of this Act.
(2) An order under sub-paragraph (i) or (ii) of subsection (1)(b) above shall not provide for transferring the property, rights or liabilities of a higher education corporation to any person or body without the consent of that person or body; and where the recipient of a transfer under any order under subsection (1)(b) is not an educational charity any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(3) For the purposes of subsection (2) above, a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes.
(4) Before making an order under this section in respect of a higher education corporation the Secretary of State shall consult—
(a) the corporation; and
(b) the Polytechnics and Colleges Funding Council.
(5) In this section “charity” and “charitable purposes” have the same meanings as in the [1960 c. 58.] Charities Act 1960.
(1) The Secretary of State may by order designate as an institution eligible to receive support from funds administered by the Polytechnics and Colleges Funding Council established under section 132 of this Act—
(a) any institution other than a university which appears to him to fall within subsection (2) or (3) below; and
(b) any institution which is or is to be conducted by a successor company to a higher education corporation.
(2) An institution falls within this subsection if—
(a) its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number; and
(b) it is either—
(i) an institution assisted by a local education authority; or
(ii) an institution which is grant-aided or eligible to receive aid by way of grant.
(3) An institution falls within this subsection if—
(a) its full-time equivalent enrolment number for courses of advanced further education on 1st November 1985 exceeded 55 per cent. of its total full-time equivalent enrolment number on that date; and
(b) it was on that date either—
(i) an institution assisted by a local education authority; or
(ii) a grant-aided institution.
(4) An order under this section designating an institution as falling within subsection (3) above may not be made after the end of the period of twelve months beginning with the date on which this section comes into force.
(5) For the purposes of subsection (1)(b) above, a company is a successor company to a higher education corporation if—
(a) it is a company limited by a guarantee formed and registered under the [1985 c. 6.] Companies Act 1985;
(b) at the time when it was formed the persons participating in its formation were all members of a higher education corporation and constituted a majority of the members of that corporation;
(c) its objects—
(i) are exclusively charitable according to the law of England and Wales; and
(ii) include the conduct of the institution which was at that time conducted by that corporation;
(d) its memorandum and articles of association have been approved by the Secretary of State; and
(e) an order has been made under section 128 of this Act dissolving the corporation and transferring the property, rights and liabilities of the corporation to the company (whether or not that order has taken effect before the order under this section is made).
(1) This section applies to an institution designated under section 129 of this Act in any case where—
(a) the order designating the institution under that section so provides; and
(b) immediately before the date on which the designation takes effect (referred to below in this section, in relation to such an institution, as the designation date) the institution is an institution assisted by a local education authority (referred to below in this section as the former assisting authority).
(2) Subject to subsection (4) below and section 198 of this Act, on the designation date in relation to any institution to which this section applies the property, rights and liabilities mentioned in subsection (3) below shall be transferred to, and by virtue of this Act vest in, the appropriate transferee.
(3) The property, rights and liabilities referred to in subsection (2) above are—
(a) all land or other property which, immediately before that date, was property of the former assisting authority used or held for the purposes of that institution; and
(b) all rights and liabilities of that authority subsisting immediately before that date which were acquired or incurred for those purposes.
(4) Subsection (2) above shall not apply to—
(a) any liability of the former assisting authority in respect of the principal of, or any interest on, any loan; or
(b) any liability of that authority in respect of compensation for premature retirement of any person formerly employed by them.
Education Reform Act 1988