Further and Higher Education Act 1992

Chapter IIIE+W General

54 Duty to give information.E+W

(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, F1. . . 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 [F2regulations 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.

55 Inspection etc. of local education authority institutions, other than schools, and advice to Secretary of State.E+W

(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.

56 Directions.E+W

(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.

[F3(3)Section 496 of the Education Act 1996 (power to prevent unreasonable exercise of functions) applies in relation to a council as it applies in relation to a body falling within subsection (2) of that section.]

57 Intervention in the event of mismanagement or breach of duty.E+W

(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.

[F4(6)In the Education Act 1996—

(a)section 496 (power to prevent unreasonable exercise of functions) applies in relation to the governing body of an institution within the further education sector as it applies in relation to a body falling within subsection (2) of that section; and

(b)section 507 (power to direct 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.]

58 Reorganisations of schools involving establishment of further education corporation.E+W

(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

[F5(b)a prescribed alteration within the meaning of section 28 of the School Standards and Framework Act 1998 has been made to the school,]

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.

F659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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

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.

[60AF7Partnership arrangements to secure provision of certain further education in Wales.E+W

(1)An arrangement is a partnership arrangement to which this section applies if—

(a)it is made by—

(i)one or more local education authorities for areas in Wales, and

(ii)one or more governing bodies of Welsh further education institutions,

for the purpose of securing the provision of education within subsection (3),

(b)it provides for the facilities connected with the provision of education under the arrangement to be provided—

(i)in part, at one or more schools maintained by the local education authority which is a party to the arrangement (or where more than one local education authority is a party, by each of them), and

(ii)in part, at one or more Welsh further education institutions conducted by the governing body which is a party to the arrangement (or, where more than one governing body is a party, by each of them),

(c)it is made with the consent of—

(i)the Further Education Funding Council for Wales, and

(ii)the governing body of each school at which, in accordance with the arrangement, facilities are to be provided, and

(d)it is approved by the Secretary of State.

(2)For the purposes of subsection (1) above—

(a)“Welsh further education institution” means an institution which is within the further education sector and is situated in Wales, and

(b)a designated institution shall be treated as conducted by the governing body of the institution.

(3)Education is within this subsection if it is full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19.

(4)The following bodies shall exercise their functions with a view to securing that any education provided under a partnership arrangement to which this section applies is provided and funded in accordance with the arrangement—

(a)each local education authority which is a party to the arrangement;

(b)each governing body of an institution (or institutions) within the further education sector which is a party to the arrangement;

(c)the Further Education Funding Council for Wales;

(d)each governing body of a school which consented to the arrangement.

(5)Schedule 5A to this Act shall have effect in relation to partnership arrangements to which this section applies.]

61 Interpretation of Part I.E+W

(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 M1Education Act 1944, and

(b)to a higher education funding council are to the Universities Funding Council established under section 131 of the M2Education Reform Act 1988 and to the Polytechnics and Colleges Funding Council established under section 132 of that Act.