Further and Higher Education Act 1992

16Orders incorporating further institutions

(1)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 any educational institution maintained by a local education authority or any grant-maintained school; but if at any time it appears to the Secretary of State, in the case of any educational institution so maintained or any grant-maintained school—

(a)that 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, or

(b)that it 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,

he may by order make provision for the establishment of a body corporate for the purpose of conducting that institution.

(3)If at any time a council proposes to the Secretary of State that a body corporate should be established for the purpose of conducting an educational institution which—

(a)is maintained by a local education authority or is a grant-maintained school, and

(b)is principally concerned with the provision of further or higher education or full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,

the Secretary of State may by order make provision for the establishment of a body corporate for that purpose.

(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.