Statutory Instrument 1992 No. 428

The Education (Polytechnics and Colleges Funding Council) (Supplementary Functions) Order 1992

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1992 No. 428

EDUCATION, ENGLAND AND WALES

The Education (Polytechnics and Colleges Funding Council) (Supplementary Functions) Order 1992

In exercise of the powers conferred by section 134(1), (2) and (11) and section 232(5) of the Education Reform Act 1988^[1], the Secretary of State for Education and Science hereby makes the following Order:

    1.    This Order may be cited as the Education (Polytechnics and Colleges Funding Council) (Supplementary Functions) Order 1992 and shall come into force on 23rd March 1992.

    2.    In this Order "the PCFC" means the Polytechnics and Colleges Funding Council.

    3.—(1)  The Secretary of State hereby confers on the PCFC the supplementary function of exercising on his behalf his functions in relation to the property referred to in paragraph (2) below.

    (2)  That property is land and other property which is or was used or held for the purpose of an institution to which paragraph (3) below applies, and in respect of which the Secretary of State is entitled to any right or interest, or would be so entitled on the occurrence of an event, by virtue of a term or condition of grant made by him to the institution or any undertaking given by or on behalf of the institution.

    (3)  This paragraph applies to any institution for the time being designated under section 129 of the Education Reform Act 1988.

    4.    In exercising this function the PCFC shall provide the Secretary of State with such information and advice as he may from time to time require, and shall act in accordance with such directions as the Secretary of State may give from time to time.

    5.    Where in the exercise of the Secretary of State's functions the PCFC receive sums to which the Secretary of State is entitled they shall forthwith pay those sums to him.

    6.    The operation of section 134(10) of the Education Reform Act 1988 is hereby excluded in relation to the supplementary function conferred by this Order.

Kenneth Clarke

Secretary of State for Education and Science

28th February 1992

This Order confers on the Polytechnics and Colleges Funding Council the function of acting as the Secretary of State's agent in relation to terms and conditions of capital grant made by the Secretary of State to former direct grant and voluntary institutions which are now designated under section 129 of the Education Reform Act 1988 as eligible for funding by that Council. In general, those terms and conditions require the payment to the Secretary of State of such proceeds of sale of any land or other property purchased with the grant as he may determine.

[1] 1988 c. 40. back