Further and Higher Education Act 1992

Chapter IIIE+W General

54 Duty to give information.E+W

(1)Each of the following shall give [F1[F2the Chief Executive of Skills Funding] or the National Assembly for Wales] such information as [F3[F4the Chief Executive] or (as the case may be) the National Assembly for Wales may require] for the purposes of the exercise of any of [F5the functions of [F4the Chief Executive] or (as the case may be) the National Assembly for Wales] under [F6any enactment]—

(a)a [F7local authority],

(b)the governing body of any institution maintained by a [F7local authority], F8... city technology college[F9, city college for the technology of the arts or [F10Academy]],

(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 [F7local 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 [F11regulations 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 [F7local authority] institutions, other than schools, and advice to Secretary of State.E+W

F12(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to any [F7local authority] institution maintained or assisted by them, a [F7local 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 [F7local 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—

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“[F7local authority] institution” means an educational institution, other than a school, maintained or assisted by a [F7local authority].

F1456. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F1556AIntervention: EnglandE+W

(1)This section applies if the [F16Chief Executive of Skills Funding (referred to in this section and sections 56AA to 56D as “the Chief Executive”)] is satisfied as to one or more of the matters listed in subsection (2) in the case of an institution in England within the further education sector [F17other than a sixth form college]; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the institution's affairs have been or are being mismanaged by the institution's governing body;

(b)that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.

(3)If this section applies the [F18Chief Executive] may do one or more of the things listed in subsection (6).

(4)Before doing one or more of those things, the [F19Chief Executive] must give the Secretary of State a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F19Chief Executive] is satisfied;

(b)the reasons why the [F19Chief Executive] is so satisfied;

(c)the thing or things that the [F19Chief Executive] proposes to do;

(d)the reasons why the [F19Chief Executive] proposes to do that thing or those things.

(5)[F20At the same time as doing one or more of those things the Chief Executive must] give the institution's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the [F21Chief Executive] is satisfied;

(b)the reasons why the [F21Chief Executive] is so satisfied;

(c)the reasons why the [F21Chief Executive] has decided to do that thing or those things.

(6)The [F22Chief Executive] may—

(a)remove all or any of the members of the institution's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions [F23as the Chief Executive thinks] expedient as to the exercise of their powers and performance of their duties.

(7)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(9)The [F24Chief Executive] may not direct a governing body under subsection (6)(c) to dismiss a member of staff.

(10)But subsection (9) does not prevent the [F25Chief Executive, where the Chief Executive considers] that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

[F2656AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutionsE+W

(1)The Chief Executive may appoint a person to be a member of the governing body of an institution which—

(a)is conducted by a further education corporation, and

(b)mainly serves the population of England.

(2)But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

(3)A member of the governing body of an institution who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the Chief Executive under this section.

(4)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.]

56BIntervention policy: EnglandE+W

(1)The [F27Chief Executive] must—

(a)prepare a statement of [F28policy with respect to the exercise of the Chief Executive's powers] under section 56A,

(b)keep it under review, and

[F29(c)if the Chief Executive considers it appropriate in consequence of a review, prepare a revised statement of policy.]

(2)When preparing a statement or revised statement of its policy, the [F30Chief Executive] must—

(a)undertake such consultation as [F31the Chief Executive thinks] appropriate;

(b)consider any representations [F32made to the Chief Executive] about the policy to be set out in the statement.

(3)The Secretary of State may give the [F33Chief Executive] guidance in relation to the exercise of F34... functions under subsections (1) and (2), and in particular in relation to the form and content of the policy.

(4)It is the duty of the [F35Chief Executive] to have regard to any guidance given to it under subsection (3).

(5)The [F36Chief Executive] must send a copy of the statement or revised statement [F37prepared under subsection (1)] to the Secretary of State.

(6)If the Secretary of State approves it he shall lay a copy of it before each House of Parliament.

(7)The [F38Chief Executive] must publish [F39any statement or revised statement received under subsection (6).]

(8)The [F40Chief Executive] must have regard to the statement most recently published under subsection (7) in exercising, or deciding whether to exercise, any of [F41the Chief Executive's powers] under section 56A in relation to an institution.

56CDirectionsE+W

(1)This section applies if—

(a)the Secretary of State is satisfied as to one or more of the matters listed in section 56A(2) in the case of an institution in England within the further education sector [F42other than a sixth form college], and

(b)the Secretary of State is satisfied that the circumstances are such that it would be appropriate for the [F43Chief Executive] to do one or more of the things listed in section 56A(6) in relation to the institution.

(2)In such a case the Secretary of State may give to the [F44Chief Executive] such directions as he thinks fit as to the exercise of the [F45Chief Executive's] powers under section 56A.

(3)Where the Secretary of State gives the [F46Chief Executive] a direction under this section, he must at the same time give the [F46Chief Executive] a notice stating the matter or matters listed in section 56A(2) as to which he is satisfied.

(4)The [F47Chief Executive] must comply with any directions given F48... under this section.

(5)Where the [F49Chief Executive] does a thing listed in section 56A(6) in relation to an institution in compliance with a direction under this section—

(a)the [F49Chief Executive] must give the institution's governing body a copy of the relevant notice under subsection (3), and

(b)the requirement to give a notice under section 56A(5) does not apply.]

[F5056DNotification by [F7local authority] or YPLA of possible grounds for interventionE+W

(1)This section applies if a relevant body is of the view that any of the matters listed in section 56A(2) applies in relation to an institution in England within the further education sector, other than a sixth form college.

(2)The relevant body must notify the Chief Executive of that view.

(3)The Chief Executive must have regard to the relevant body's view in deciding whether to exercise the powers under section 56A.

(4)“Relevant body” means a [F7local authority] or the YPLA.]

[F5156EIntervention by [F7local authorities]: sixth form collegesE+W

(1)This section applies in relation to a sixth form college if the responsible [F7local authority] are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

(3)If this section applies the authority may do one or more of the things listed in subsection (6).

(4)Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority are so satisfied;

(c)the thing or things that the authority propose to do;

(d)the reasons why the authority propose to do that thing or those things.

(5)If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority have decided to do that thing or those things.

(6)The authority may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(9)The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.

(10)But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56FAppointment by [F7local authorities] of members of sixth form college governing bodyE+W

(1)The responsible [F7local authority] for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible [F7local authority] must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible [F7local authority] under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56GIntervention policy: sixth form collegesE+W

(1)The YPLA must—

(a)prepare a statement of the policy to be followed by [F7local authorities] with respect to the exercise of their powers under section 56E,

(b)keep the statement under review, and

(c)if it considers it appropriate in consequence of a review, prepare a revised statement.

(2)When preparing a statement or revised statement, the YPLA must—

(a)undertake such consultation as it thinks appropriate;

(b)consider any representations made to it about the policy to be set out in the statement.

(3)Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.

(4)The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.

(5)If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.

(6)The YPLA must publish—

(a)the statement of its policy approved by the Secretary of State;

(b)where the Secretary of State approves a revised statement of its policy, the revised statement.

(7)A [F7local authority] must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.

56HIntervention by YPLAE+W

(1)This section applies if—

(a)the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)the YPLA is satisfied—

(i)as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and

(ii)that the circumstances are such that it would be appropriate for the responsible [F7local authority] to do one or more of the things listed in section 56E(6) in relation to the sixth form college.

(2)If this section applies the YPLA may do one or more of the things listed in subsection (5).

(3)Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA is so satisfied;

(c)the thing or things that the YPLA proposes to do;

(d)the reasons why the YPLA proposes to do that thing or those things.

(4)If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA has decided to do that thing or those things.

(5)The YPLA may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.

(6)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(7)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(8)The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(9)But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(10)A governing body must comply with any directions given to them under this section.

(11)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56IAppointment by YPLA of members of sixth form college governing bodyE+W

(1)The YPLA may appoint a person to be a member of the governing body of a sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56JNotification by Chief Executive of Skills Funding of possible grounds for interventionE+W

(1)This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.

(2)The Chief Executive must notify the responsible [F7local authority] and the YPLA of that view.

(3)The responsible [F7local authority] must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.

(4)The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.]

[F5357 Intervention[F52: Wales]E+W

(1)This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution [F54in Wales] within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2)These are the conditions—

(a)[F55the Welsh Ministers are] satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b)[F56they are] satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act [F57or any Measure of the National Assembly for Wales];

(c)[F58they are] satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act [F59or any Measure of the National Assembly for Wales];

[F60(d)they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.]

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If this section applies [F62the Welsh Ministers] may by order—

(a)declare which of the conditions is (or are) satisfied, and

(b)do one or more of the things listed in subsection (5).

(5)[F63They may] —

(a)remove all or any of the members of the institution’s governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as [F64they think] expedient as to the exercise of their powers and performance of their duties.

[F65(5A)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.]

(6)Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

[F66(6A)The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(6B)But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.]

(7)A governing body must comply with any directions given to them under this section.

(8)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

F67(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F6857AIntervention policy: WalesE+W

(1)The Welsh Ministers must—

(a)prepare a statement of their policy with respect to the exercise of their powers under section 57,

(b)keep it under review, and

(c)if they consider it appropriate in consequence of a review, prepare a revised statement of their policy.

(2)When preparing a statement or revised statement of their policy, the Welsh Ministers must—

(a)undertake such consultation as they think appropriate;

(b)consider any representations made to them about the policy to be set out in the statement.

(3)The Welsh Ministers must lay before the National Assembly for Wales a copy of any statement or revised statement prepared by them under this section.

(4)The Welsh Ministers must publish any statement or revised statement prepared by them under this section.

(5)The Welsh Ministers must have regard to the statement most recently published under subsection (4) in exercising, or deciding whether to exercise, any of their powers under section 57 in relation to an institution.]

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 [F7local 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

[F69(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 [F7local 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 [F7local authority] cease to maintain the school, or

[F70(b)a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,]

whether or not the reorganisation also involves the establishment of one or more new schools.

[F71(4)In subsection (3)(b) “the relevant school organisation provision” means—

(a)in relation to England, section 18 of the Education and Inspections Act 2006, and

(b)in relation to Wales, section 28 of the School Standards and Framework Act 1998.]

F7259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7460A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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.

[F7561A References to [F76appropriate bodies]E+W

F77(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this Part of this Act a reference to the appropriate [F78body], in relation to any educational institution, is to be construed as follows—

(a)if the institution mainly serves the population of England, the reference is to the [F79Chief Executive of Skills Funding];

(b)if the institution mainly serves the population of Wales, the reference is to the [F80National Assembly for Wales];

(c)if the institution receives financial support from the other [F81body], the reference is to that [F81body] also.]