Office of Public Sector Information
(5) After considering any representations made to him under subsection (4)(b) above, the Secretary of State shall—
(a) authorise the increase resulting from the determination, or
(b) refuse to authorise the increase,
so far as it relates to relevant employees.
(6) The Secretary of State shall give written notification of any decision under subsection (4)(a) or (5) above to the local education authority and, in the case of subsection (5) above, to any other persons who made representations to him under subsection (4)(b) above.
(7) Subsection (8) below applies where—
(a) by virtue of this section a relevant employee is not paid at the new rate on the proposed date of increase, but
(b) the Secretary of State authorises the increase after that date.
(8) Where this subsection applies, the employee concerned shall, for the purpose of determining the terms of any contract affected by section 26 of this Act, be regarded as having been entitled under his contract of employment to be paid by the local education authority at the new rate as from the proposed date of increase.
(1) In this section “institution of voluntary origin” means a further education institution which, when it became a further education institution, was a voluntary school or a grant-maintained school which was a voluntary school before it became grant-maintained.
(2) The governing body of every further education institution except an institution which on the appointed day was a college of further education 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 became a further education institution.
(4) In all other further education institutions 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 a further education institution considers it appropriate to do so it may in addition to the act of collective worship referred to in subsection (3) or (4) provide for acts of worship which reflect the practices of some or all of the other religious traditions represented in Great Britain.
(6) In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) of section 15 of this Act.
(1) In this section “institution of voluntary origin” means a further education institution which, when it became a further education institution, was a voluntary school or a grant-maintained school which was a voluntary school before it became grant-maintained.
(2) The governing body of every further education institution except an institution which on the appointed day was a college of further education 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 a further education institution 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 each further education institution 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 became a further education institution;
(b) in the case of all further education institutions shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.
(6) In this section “the appointed day” means the day appointed under section 94 of this Act for the commencement of subsection (4) of section 15 of this Act.
(1) The Secretary of State may by order make such modifications as he thinks fit in any trust deed or other instrument—
(a) relating to or regulating an institution within the further education sector, or
(b) relating to any land or other property held by any person for the purposes of such an institution.
(2) Before making any modifications under subsection (1) above of any trust deed or other instrument the Secretary of State shall so far as it appears to him to be practicable to do so consult—
(a) the governing body of the institution,
(b) where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons, and
(c) where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.
(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 any provision that may be made by an order under section 15 of this Act specifying a grant-maintained school.
(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 [1988 c. 40.] Education Reform Act 1988 (designation of institutions).
(1) This section applies where—
(a) an educational institution at which a school teacher is employed by a local education authority, or by the governing body of a voluntary or grant-maintained school, becomes an institution within the further education sector, and
(b) immediately before the operative date, any of the terms and conditions of his employment have effect by virtue of a pay and conditions order.
(2) As from the operative date the person’s contract of employment shall have effect—
(a) in relation to him and to the governing body of the institution as it had effect immediately before that date in relation to school teachers and to local education authorities or governing bodies of voluntary or grant-maintained schools, and
(b) as if the contract required any remuneration determined in accordance with the scales and other provisions set out or referred to in the relevant pay and conditions order to be paid to him by the governing body of the institution.
(3) Nothing in this section affects any right to vary the terms of any contract of employment.
(4) In this section—
(a) “pay and conditions order” and “school teacher” have the same meaning as in the [1991 c. 49.] School Teachers' Pay and Conditions Act 1991, and
(b) “relevant pay and conditions order”, in relation to any person, means the pay and conditions order having effect in relation to him immediately before the operative date or, if that order is no longer in force, the pay and conditions order which would have had effect in relation to him if the institution at which he is employed had not become an institution within the further education sector.
(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 section 81 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978,
the contract shall be void and of no effect.
(1) The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about—
(a) the educational provision made or proposed to be made for their students,
(b) the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),
(c) the financial and other resources of the institution and the effectiveness of the use made of such resources, and
(d) the careers of their students after completing any course or leaving the institution.
(2) For the purposes of subsection (1)(d) above, a person’s career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show—
(a) the numbers of students not undertaking any career, and
(b) the persons providing students with education, training or employment.
(3) The information shall be published in such form and manner and at such times as may be prescribed.
(4) The published information shall not name any student to whom it relates.
(5) In this section “prescribed” means prescribed by regulations.
(1) A council shall not make a proposal for—
(a) the establishment by the Secretary of State of a body corporate under section 16(1) of this Act,
(b) the establishment by the Secretary of State of a body corporate under subsection (3) of that section, or
(c) the dissolution of any further education corporation by the Secretary of State under section 27 of this Act,
unless the following conditions have been complied with.
(2) The conditions are that—
(a) a draft of the proposal, or of a proposal in substantially the same form, giving such information as may be prescribed has been published by such time and in such manner as may be prescribed,
(b) the council have considered any representations about the draft made to them within the prescribed period, and
(c) copies of the draft and of any such representations have been sent to the Secretary of State.
(3) The Secretary of State shall not make—
(a) an order under section 16(1) of this Act, other than an order made for the purpose of giving effect to a proposal by a council, or
(b) an order under section 16(2) of this Act,
unless he 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.
(4) In this section “prescribed” means prescribed by regulations.
(1) This section applies where an institution within the further education sector provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2) A council 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 a council, 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 that council under subsection (2) above and has not been withdrawn.
(1) The accounts of—
(a) any further education corporation, and
(b) any designated institution,
shall be open to the inspection of the Comptroller and Auditor General.
(2) 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 [1983 c. 44.] National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,
shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under this Part of this Act.
(1) Each of the following shall give a council such information as they may require for the purposes of the exercise of any of their functions under this Part of this Act—
(a) a local education authority,
(b) the governing body of any institution maintained by a local education authority, grant-maintained school, city technology college or city college for the technology of the arts,
(c) the governing body of any institution within the further education sector or the higher education sector, and
(d) the governing body of any institution which is receiving or has received financial support under section 5 of this Act.
(2) Such information relating to the provision which has been made by a local education 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 section 51 of the [1986 c. 61.] Education (No. 2) Act 1986 or by virtue of regulations under section 52 of that Act shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.
(1) The chief inspector shall have the general duty of keeping the Secretary of State informed about—
(a) the quality of education provided in local education authority institutions,
(b) the educational standards achieved in such institutions, and
(c) whether the financial resources made available to such institutions are managed efficiently.
(2) When asked to do so by the Secretary of State, the chief inspector shall—
(a) give advice to the Secretary of State on such matters relating to local education authority institutions, and on such other matters relating to further education, as may be specified in the Secretary of State’s request, and
(b) inspect and report on any such local education authority institution, or any such class of local education authority institution, as may be so specified.
(3) In connection with the duties imposed on the chief inspector under this section, his powers, and those of his inspectors, in relation to the inspection of schools under any enactment shall extend to the inspection of institutions under this section.
(4) In relation to any local education authority institution maintained or assisted by them, a local education 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 education 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—
(a) in relation to institutions in England, “chief inspector” means Her Majesty’s Chief Inspector of Schools in England and “his inspectors” means Her Majesty’s Inspectors of Schools in England,
(b) in relation to institutions in Wales, “chief inspector” means Her Majesty’s Chief Inspector of Schools in Wales and “his inspectors” means Her Majesty’s Inspectors of Schools in Wales, and
(c) “local education authority institution” means an educational institution, other than a school, maintained or assisted by a local education authority.
(1) In exercising their functions under this Part of this Act, each council shall comply with any directions contained in an order made by the Secretary of State.
(2) Directions under this section may be general or special, and special directions may, in particular, relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.
(1) If the Secretary of State is satisfied that the affairs of any institution within the further education sector have been or are being mismanaged, he may on the recommendation of the appropriate council by order—
(a) remove all or any of the members of the governing body of the institution and appoint new members in their places, and
(b) make such modifications of the instrument of government of the institution as he thinks fit.
(2) An appointment of a member of a governing body of an institution under subsection (1) above shall have effect as if made in accordance with the instrument of government and articles of government of the institution.
(3) If the Secretary of State is satisfied, either upon complaint by any person interested or otherwise, that—
(a) a council, or
(b) the governing body of any institution within the further education sector,
have failed to discharge any duty imposed on them by or for the purposes of the Education Acts, he may make an order under this subsection.
(4) An order under subsection (3) above shall declare the council or the governing body, as the case may be, to be in default in respect of that duty, and may give such directions for the purpose of enforcing the execution of that duty as appear to the Secretary of State to be expedient.
(5) A council or governing body in respect of which an order is made under subsection (3) above shall comply with any directions contained in the order.
(6) Section 93 of the [1944 c. 31.] Education Act 1944 (power to hold local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.
(1) Subsection (2) below applies where, in connection with a reorganisation of schools maintained by a local education authority, any land used for the purposes of one or more of the schools affected by the reorganisation or, as the case may be, the school so affected—
(a) is to cease to be so used or is to continue to be so used for a limited period, and
(b) while it is so used, or after it has ceased to be so used, is to be used for the purposes of an institution conducted by a further education corporation;
and in that subsection that land is referred to as “the land to be transferred”.
(2) If the land to be transferred is land of the local authority, the land and any other property of the local authority used for the purposes of the school on that land shall be treated for the purposes of section 23 of this Act as used for the purposes of the educational institution conducted by the corporation.
(3) For the purposes of this section there is a reorganisation of schools maintained by a local education authority if, in the case of each of the schools affected by the reorganisation or (if there is only one) the school so affected—
(a) the local education authority cease to maintain the school, or
(b) a significant change is made in the character of the school or the premises of the school are significantly enlarged,
whether or not the reorganisation also involves the establishment of one or more new schools.
(1) This subsection applies where—
(a) the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school, and
(b) the intention arises in connection with a proposal by a council, or by the Secretary of State, for the establishment under section 16 of this Act of a further education corporation to conduct an educational institution in the same area.
(2) Where subsection (1) above applies—
(a) section 14 of the [1944 c. 31.] Education Act 1944 (restrictions on discontinuance) shall not apply,
(b) section 13 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of voluntary schools) and, so far as relating to that section, section 16(1) to (3B) of that Act, shall apply as they would apply if the intention were to make a significant change in the character of the school, and
(c) if the school is discontinued the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.
(3) Where—
(a) a local education authority intend to cease to maintain any county school or (except as provided by section 14 of the [1944 c. 31.] Education Act 1944) voluntary school or to make any significant change in the character of a county school, or
(b) the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school or to make any significant change in the character of the school,
and ceasing to maintain or discontinuing the school, or the change, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, they shall, before they publish notice of their proposals in pursuance of section 12 or 13 of the [1980 c. 20.] Education Act 1980 or serve notice under section 14 of the [1944 c. 31.] Education Act 1944, consult the appropriate council.
(4) In subsection (3) above, references to any significant change in the character of a school include a significant enlargement of its premises.
(5) Where—
(a) a local education authority propose to make any change in any arrangements for any special school as to the pupils for whom provision is made or the special educational provision made for them or propose to cease to maintain any special school, and
(b) the change, or ceasing to maintain the school, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,
they shall, before they give written notice of the proposed change to the Secretary of State in pursuance of regulations under section 12 of the [1981 c. 60.] Education Act 1981 (approval of special schools) or serve notice of their proposals under section 14 of that Act (discontinuance of maintained special school), consult the appropriate council.
No function conferred or imposed by this Act on a further education funding council shall be construed as relating to any person who is detained, otherwise than at a school, in pursuance of an order made by a court or of an order of recall made by the Secretary of State.
(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.
(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—
(a) 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 [1944 c. 31.] Education Act 1944, and
(b) to a higher education funding council are to the Universities Funding Council established under section 131 of the [1988 c. 40.] Education Reform Act 1988 and to the Polytechnics and Colleges Funding Council established under section 132 of that Act.
Further and Higher Education Act 1992