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Further and Higher Education Act 1992

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Part IIIU.K. Miscellaneous and general

82 Joint exercise of functions.E+W+S

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F2A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State] for the assessment by a person appointed by them of matters relating to the arrangements made by each institution in [F3Wales and Scotland ] which is within the higher education sector for maintaining academic standards in the institution.

[F4(2A)The power of the Secretary of State to give directions under subsection (2) above shall, as regards the Scottish [F5Further and] Higher Education Funding Council, be treated as exercisable in or as regards Scotland and may be exercised separately.]

(3)In this section—

[F6(a)“relevant authority” means [F7the HEFCW], F8...F9... [F10the Welsh Ministers ] to the extent that [F11they are discharging their] functions under Part 2 of the Learning and Skills Act 2000 or the Scottish [F12Further and ] Higher Education Funding Council, and]

(b)references to institutions within the higher education sector include institutions within the higher education sector within the meaning of Part II of the M1Further and Higher Education (Scotland) Act 1992.

Extent Information

E1S. 82 extends to Great Britain see s. 94(5).

Textual Amendments

F1S. 82(1)-(1B) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F2Words in s. 82(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(3); S.I. 2012/924, art. 2

F3Words in s. 82(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F5Words in s. 82(2A) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(4); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F7Words in s. 82(3)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F8Words in s. 82(3)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(4); S.I. 2012/924, art. 2

F9Words in s. 82(3)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 39

F10Words in s. 82(3)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F11Words in s. 82(3)(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(c); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

F12Words in s. 82(3)(a) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(d); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

Modifications etc. (not altering text)

C1S. 82 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2.

C2S. 82 amended (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 13.

Commencement Information

I1S. 82 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

83 Efficiency studies.E+W

[F13(1)A person listed in an entry in column 1 of the table in subsection (1B) may arrange for efficiency studies to be promoted or carried out by any person in respect of an institution listed in the corresponding entry in column 2 of that table.

(1A)“Efficiency studies” are studies designed to improve economy, efficiency and effectiveness in the management or operations of an institution.

(1B)The table referred to in subsection (1) is—

PersonInstitution
The Welsh MinistersAn institution in Wales within the further education sector.
[F14The Secretary of State]An institution in England within the further education sector, other than a sixth form college
The [F15Secretary of State ] A sixth form college
[F16The HEFCW]An institution within the higher education sector. [F17A regulated institution for the purposes of the Higher Education (Wales) Act 2015 (including a provider designated under section 3 of that Act which is treated as being a regulated institution for the purposes of that Act).]]

(2)A person promoting or carrying out [F18efficiency studies] at the [F19request of a person listed in an entry in column 1 of the table in subsection (1B)] may require the governing body of the institution concerned—

(a)to furnish the person, or any person authorised by him, with such information, and

(b)to make available to him, or any person so authorised, for inspection their accounts and such other documents,

as the person may reasonably require for that purpose.

Textual Amendments

F14Words in s. 83 substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 40

F15Words in s. 83(1B) table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 37; S.I. 2012/924, art. 2

F16Words in s. 83(1B) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 24; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 11)

F17Words in s. 83(1B) table inserted (1.8.2017) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 3; S.I. 2017/239, art. 2

Modifications etc. (not altering text)

C3S. 83(2) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 2

Commencement Information

I2S. 83 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

84 Effect of agreements made before date of transfer.E+W

(1)This section applies where—

(a)(apart from this section) any land or other property of a local authority would on any date (“the date of transfer”) be transferred under F20...Part II of the M2Education Reform Act 1988 to the governing body of an institution within the further education sector or the higher education sector, and

(b)at any time before that date the authority, the governing body of the institution and the governing body of any other institution which will on that date be an institution within the further education sector or the higher education sector have agreed in writing that the land or property should be transferred on that or a subsequent date to the governing body of that other institution.

(2)If the Secretary of State has approved the agreement at any time before the date of transfer, F21... Part II of the M3Education Reform Act 1988 shall have effect as if they required the property to be transferred in accordance with the agreement.

(3)References in this section to anything done include anything done before the passing of this Act.

[F22(4)In this section “local authority” includes a non-metropolitan district council for an area for which there is a county council.]

Textual Amendments

F20Words in s. 84(1)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(i)

F21Words in s. 84(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(f)(ii)

Modifications etc. (not altering text)

C4S. 84(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.1

Commencement Information

I3S. 84 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

85 Finance and government of locally funded further and higher education.E+W

(1)Chapter III of Part II of the M4Education Reform Act 1988 (finance and government of locally funded further and higher education) shall cease to have effect; and section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated assisted institutions.

(2)A [F23local authority] shall have the following powers in relation to any institution, not within the further education sector or the higher education sector, which is maintained by them in the exercise of their further or higher education functions.

(3)The authority may—

(a)make such provision as they think fit in respect of the government of the institution (including replacing any instrument of government or articles of government of the institution made under that Chapter or that section), and

(b)delegate to the governing body of the institution such functions relating to the management of the finances of the institution, and such other functions relating to the management of the institution (including the appointment and dismissal of staff), as the authority may determine.

Textual Amendments

Commencement Information

I4S. 85 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

Marginal Citations

[F2485A Nuisance or disturbance on educational premisesU.K.

(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of—

(a)any institution (other than a school) which is maintained by a [F23local authority] and provides further education or higher education (or both), F25...

(b)any institution within the further education sector[F26, and

(c)any 16 to 19 Academy.]

(3)If—

(a)a police constable, or

(b)a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

(4)In subsection (3) “the appropriate authority” means—

(a)in relation to premises of an institution such as is mentioned in subsection (2)(a), a [F23local authority], F27...

(b)in relation to premises of an institution within the further education sector, the governing body[F28, and

(c)in relation to premises of a 16 to 19 Academy, the proprietor.]

(5)No proceedings under this section shall be brought by any person other than—

(a)a police constable, or

(b)an authorised person.

(6)In subsection (5) “authorised person” means—

(a)in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a [F23local authority], F29...

(b)in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings][F30, and

(c)in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.]

[F3185AAPower of members of staff to search students for prohibited items: EnglandU.K.

(1)This section applies where a member of staff of an institution within the further education sector in England [F32 , or a 16 to 19 Academy,]

(a)has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and

(b)falls within section 85AB(1).

(2)The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).

(3)For the purposes of this section and section 85AC each of the following is a “prohibited item”—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;

(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;

(e)a stolen article;

[F33(ea)an article that the member of staff reasonably suspects has been, or is likely to be, used—

(i)to commit an offence, or

(ii)to cause personal injury to, or damage to the property of, any person (including S);]

(f)an article of a kind specified in regulations.

(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

(5)A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.

(6)In this section and section 85AB—

  • member of staff”, in relation to an institution within the further education sector [F34or a 16 to 19 Academy] , means any person who works at that institution whether or not as its employee;

  • possessions”, in relation to S, includes any goods over which S has or appears to have control.

(7)The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

Textual Amendments

F31Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F33S. 85AA(3)(ea) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(2), 82(3); S.I. 2012/924, art. 2

85ABPower of search under section 85AA: supplementaryU.K.

(1)A person may carry out a search under section 85AA only if that person—

(a)is the principal of the institution; or

(b)has been authorised by the principal to carry out the search.

(2)An authorisation for the purposes of subsection (1)(b) may be given in relation to—

(a)searches under section 85AA generally;

(b)a particular search under that section;

(c)a particular description of searches under that section.

(3)Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England [F35, or a principal of a 16 to 19 Academy,] to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.

(4)A search under section 85AA may be carried out only where—

(a)the member of staff and S are on the premises of the institution; or

(b)they are elsewhere and the member of staff has lawful control or charge of S.

(5)A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.

(6)A person carrying out a search of S under section 85AA—

(a)may not require S to remove any clothing other than outer clothing;

(b)must be of the same sex as S [F36, unless the condition in subsection (6A) is satisfied] ;

(c)may carry out the search only in the presence of another member of staff [F37, unless the condition in subsection (6A) is satisfied] ; and

(d)must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.

[F38(6A)The condition is satisfied if—

(a)the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and

(b)in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).]

(7)S's possessions may not be searched under section 85AA except in the presence of—

(a)S; and

(b)another member of staff [F39, unless the condition in subsection (7A) is satisfied] .

[F40(7A)The condition is satisfied if—

(a)the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and

(b)in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.]

(8)In this section—

  • member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;

  • outer clothing” means—

    (a)

    any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

    (b)

    a hat, shoes, boots, gloves or a scarf.

Textual Amendments

F31Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F35Words in s. 85AB(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(4); S.I. 2012/924, art. 2

F36Words in s. 85AB(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(i), 82(3); S.I. 2012/924, art. 2

F37Words in s. 85AB(6)(c) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(ii), 82(3); S.I. 2012/924, art. 2

F38S. 85AB(6A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(b), 82(3); S.I. 2012/924, art. 2

F39Words in s. 85AB(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(c), 82(3); S.I. 2012/924, art. 2

F40S. 85AB(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(d), 82(3); S.I. 2012/924, art. 2

85ACPower to seize items found during search under section 85AAU.K.

(1)A person carrying out a search under section 85AA may seize any of the following found in the course of the search—

(a)anything which that person has reasonable grounds for suspecting is a prohibited item;

(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,

but may not seize alcohol from S under this section where S is aged 18 or over.

(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.

(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

(4)A person who seizes a controlled drug under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may dispose of it if the person thinks that there is a good reason to do so.

(5)A person who seizes a stolen article under subsection (1)—

(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

[F41(6A)A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—

(a)deliver the item to a police constable as soon as reasonably practicable,

(b)return the item to its owner,

(c)retain the item, or

(d)dispose of the item.

In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.

(6B)Subsections (6C) and (6D) apply to an item that—

(a)has been seized under subsection (1),

(b)is a prohibited item by virtue of section 85AA(3)(ea), and

(c)is an electronic device.

(6C)The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.

(6D)Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.

(6E)In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.]

(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

(8)A person who, under subsection (1), seizes—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon; or

(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

must deliver it to a police constable as soon as reasonably practicable.

(9)Subsection (8)(c) is subject to subsections (3), (4) [F42and (5)] and regulations made under subsection (7).

(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

Textual Amendments

F31Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F41Ss. 85AC(6A)-(6E) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(a), 82(3); S.I. 2012/924, art. 2

F42Words in s. 85AC(9) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(b), 82(3); S.I. 2012/924, art. 2

85ADSection 85AC: supplementaryU.K.

(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) [F43, (6A)(a)] or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(2)Subsection (3) applies where a person—

(a)seizes, retains or disposes of [F44an item within subsection (2A)] under section 85AC; and

(b)proves that the seizure, retention or disposal was lawful.

[F45(2A)The items referred to in subsection (2)(a) are—

(a)alcohol or its container;

(b)a controlled drug;

(c)a stolen article;

(d)an article that is a prohibited item by virtue of section 85AA(3)(ea).

(2B)Subsection (3) also applies where a person—

(a)erases data or a file from an electronic device under section 85AC(6D); and

(b)proves that the erasure was lawful.]

(3)That person is not liable in any proceedings in respect of—

(a)the seizure, retention [F46, disposal or erasure ] ; or

(b)any damage or loss which arises in consequence of it.

(4)Subsections (2) [F47 , (2B) ] and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

(5)Regulations under section 85AC(7) may make provision corresponding to any provision of this section.]

Textual Amendments

F31Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F43Words in s. 85AD(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(a), 82(3); S.I. 2012/924, art. 2

F44Words in s. 85AD(2)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(b), 82(3); S.I. 2012/924, art. 2

F45S. 85AD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(c), 82(3); S.I. 2012/924, art. 2

F46Words in s. 85AD(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(d), 82(3); S.I. 2012/924, art. 2

F47Words in s. 85AD(4) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(e), 82(3); S.I. 2012/924, art. 2

[F4885BPower to search further education students for weapons [F49: Wales] E+W

(1)A member of staff of an institution within the further education sector [F50in Wales] who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or

(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that student or his possessions for such articles and weapons.

(2)A search under this section may be carried out only where—

(a)the member of staff and the student are on the premises of the institution; or

(b)they are elsewhere and the member of staff has lawful control or charge of the student.

(3)A person may carry out a search under this section only if—

(a)he is the principal of the institution; or

(b)he has been authorised by the principal to carry out the search.

(4)A person who carries out a search of a student under this section—

(a)may not require the student to remove any clothing other than outer clothing;

(b)must be of the same sex as the student; and

(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the student.

(5)A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.

(6)If, in the course of a search under this section, the person carrying out the search finds—

(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.

(9)The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(11)In this section—

  • ‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;

  • ‘outer clothing’ means—

    (a)

    any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

    (b)

    a hat, shoes, boots, gloves or a scarf;

  • ‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.

(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.]

Textual Amendments

F48S. 85B inserted (31.5.2007 for E., 31.10.2010 for W.) by Violent Crime Reduction Act 2006 (c. 38), ss. 46, 66(2); S.I. 2007/858, art. 3(b); S.I. 2010/2426, art. 2

F49Word in s. 85B heading inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(2), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F50Words in s. 85B(1) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 245(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Modifications etc. (not altering text)

[F5185CPower of members of staff to use forceU.K.

(1)A member of the staff of an institution which is within the further education sector [F52or is a 16 to 19 Academy] may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

(a)committing any offence,

(b)causing personal injury to, or damage to the property of, any person (including the student himself), or

(c)prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

(2)The power conferred by subsection (1) may be exercised only where—

(a)the member of the staff and the student are on the premises of the institution, or

(b)they are elsewhere and the member of the staff has lawful control or charge of the student.

(3)Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

(4)The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(5)In this section, “member of the staff”, in relation to an institution within the further education sector [F53or a 16 to 19 Academy], means any person who works at that institution whether or not as its employee.]

Textual Amendments

Modifications etc. (not altering text)

F5486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

87 Transfers of property, etc: supplementary provision.E+W

Schedule 7 to this Act has effect to supplement the provisions of this Act relating to the transfer of property, rights and liabilities.

Commencement Information

I5S. 87 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

88 Stamp duty.U.K.

(1)Subject to subsection (2) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: F55... [F5627B, 27C], F57... [F5833P], 34, 40(5) and (7), 63 and 80.

(2)No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M5Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M6Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Textual Amendments

F55Words in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(i)

F57Word in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(ii)

Commencement Information

I6S. 88 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

[F5988A.Stamp duty land taxU.K.

(1)A land transaction effected under or by virtue of section F60... [F6127B, 27C], F62... [F6333P] or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this section—

  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

  • “land transaction return” has the meaning given by section 76(1) of that Act.]

89 Orders, regulations and directions.E+W

(1)Any power F64...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

(2)For the purposes of subsection (1) above the excepted provisions are [F65sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and] sections F66... 29A(3)(c), F66... [F6730(2)(b),] [F6833A(5)(b),] [F6933J(2), 33K(1),] 38, [F7044(2)(c),] 46 and 57; but section 14 of the M7Interpretation Act 1978 (implied power to amend) applies to orders made under those sections F71... as it applies to orders made by statutory instrument.

(3)A statutory instrument containing any order or regulations under this Act, other than [F72one falling within subsection (3A) [F73or (3B)] or] an order under section 94, shall be subject to annulment in pursuance of [F74

(a)in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;

(b)in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.]

[F75(3A)A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

[F76(3B)An order falls within this subsection if—

(a)it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or

(b)it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).]

[F77(3C)An order made by the Secretary of State under section 28 or 29(1)(b) is to be published in such manner as the Secretary of State considers appropriate.]

(4)Orders or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the [F78person or body making the order or regulations] thinks fit.

[F79(5)Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a [F23local authority] under that Act.]

[F80(6)This section applies in relation to an order made by the Secretary of State under section 28 or 29(1)(b) that revokes or varies an order under those provisions made before the coming into force of section 32(3) of the Skills and Post-16 Education Act 2022 as if—

(a)in subsection (2), the words “sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and” were omitted, and

(b)subsection (3C) were omitted.]

Textual Amendments

F67Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(a) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F70Words in s. 89(2) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 40(b) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

F71Words in s. 89(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(c); S.I. 2012/924, art. 2

F72Words in s. 89(3) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F75S. 89(3A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Commencement Information

I7S. 89 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

90 Interpretation.E+W+S

(1)In this Act—

  • contract of employment”, “employee” and “employer” have the same meaning as in [F81the Employment Rights Act 1996], and “employed” means employed under a contract of employment,

  • the Education Acts[F82has the meaning given by section 578 of the Education Act 1996],

  • [F83further education” has the meaning given by section 2(3) to (5) of that Act;]

  • [F84further education corporation in England” means a further education corporation established to conduct an institution in England;

  • further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;]

  • governing body”, in relation to an institution, means, subject to subsection (2) below—

    (a)

    in the case of an institution conducted by a further education corporation[F85, a sixth form college corporation] or a higher education corporation, the corporation,

    (b)

    in the case of a university not falling within paragraph (a) above, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs,

    (c)

    in the case of any other institution not falling within paragraph (a) or (b) above for which there is an instrument of government providing for the constitution of a governing body, the governing body so provided for, and

    (d)

    in any other case, any board of governors of the institution or any persons responsible for the management of the institution, whether or not formally constituted as a governing body or board of governors,

  • higher education” has the same meaning as in the M8Education Reform Act 1988,

  • higher education corporation” means a body corporate established under section 121 or 122 of the M9Education Reform Act 1988, including those sections as applied by section 227(4) of that Act (application to Wales), or a body corporate which has become a higher education corporation by virtue of section [F86122ZA or] 122A of that Act,

  • interest in land” includes any easement, right or charge in, to or over land,

  • land” includes buildings and other structures, land covered with water and any interest in land,

  • liability” includes obligation, and

  • [F87“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]

  • [F88the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,]

  • F89...

    (a)

    [F88in relation to a proposal relating to the establishment of a sixth form college corporation, means the [F23local authority] in whose area the relevant sixth form college, or its main site, is proposed to be situated;

    (b)

    in relation to a sixth form college corporation, means the [F23local authority] in whose area the relevant sixth form college, or its main site, is situated;

    (c)

    in relation to a sixth form college, means the [F23local authority] in whose area the sixth form college, or its main site, is situated,]

  • [F88sixth form college corporation” means a body corporate—

    (a)

    designated as a sixth form college corporation under section 33A or 33B, or

    (b)

    established under section 33C,]

  • F89...

(2)The Secretary of State may by order provide for any reference in the Education Acts to the governing body of an institution, in relation to an institution which is—

(a)a designated institution for the purposes of Part I or Part II of this Act, and

(b)conducted by a company,

to be read as a reference to the governing body provided for in the instrument of government, or to the company or to both.

F90(2ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this Act “university” includes a university college and any college, or institution in the nature of a college, in a university [F93(except where the context otherwise requires)]; but where a college or institution would not, apart from this subsection, fall to be treated separately it shall not be so treated for the purpose of determining whether any institution is in England or in Wales.

[F94(3A)In this Act references to a voluntary aided school are—

(a)in relation to any time before the appointed day within the meaning of the M10School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or

(b)in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.]

(4)References in this Act to institutions within the PCFC funding sector are to be construed in accordance with section 132(6) of the M11Education Reform Act 1988.

(5)Subject to the provisions of this Act, expressions used in this Act and in [F95the Education Act 1996] have the same meaning in this Act as in that Act [F96and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned.].

Textual Amendments

F81Words in s. 90(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 52(4) (with ss. 191-195, 202)

F82Words in s. 90(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(a) (with ss. 1(4), 561, 562, Sch. 39)

F83Definition in s. 90(1) inserted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(2)(b) (with ss. 1(4), 561, 562, Sch. 39)

F89Words in s. 90(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(2)(b); S.I. 2012/924, art. 2

F90S. 90(2ZA) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 41(3); S.I. 2012/924, art. 2

F93Words in s. 90(3) inserted (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 8 (with s. 48(2)); S.I. 1998/2215, art. 2

F95Words in s. 90(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 115(3) (with ss. 1(4), 561, 562, Sch. 39)

F96Words in s. 90(5) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 46(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Commencement Information

I8S. 90 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

91 Interpretation of Education Acts.E+W

(1)This section applies for the interpretation of the Education Acts.

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)References to institutions within the further education sector are to—

(a)institutions conducted by further education corporations, and

(b)designated institutions for the purposes of Part I of this Act (defined in section 28(4) of this Act), [F98and

(c)sixth form colleges,]

and references to institutions outside the further education sector are to be read accordingly.

[F99(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.]

(4)References to a higher education funding council are to [F100the Higher Education Funding Council for Wales.]

(5)References to institutions within the higher education sector are to—

[F101(za)registered higher education providers of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017,]

(a)universities receiving financial support under section 65 of this Act,

[F102(aa)universities that are regulated institutions,]

(b)institutions [F103in Wales] conducted by higher education corporations, and

(c)designated institutions for the purposes of Part II of this Act (defined in section 72(3) of this Act),

and references to institutions outside the higher education sector are to be read accordingly.

[F104(5ZA) For the purposes of subsection (5)(b), the reference to institutions in Wales is to be read in accordance with section 62(7).]

[F105(5A)For the purposes of subsection (5)(aa), a regulated institution is an institution to which an approved plan, within the meaning given in section 7 of the Higher Education (Wales) Act 2015, relates.]

(6)References, in relation to a further education corporation or higher education corporation, to the institution—

(a)in relation to any time before the operative date for the purposes of Part I of this Act (defined in section 17 of this Act) or, as the case may be, the transfer date for the purposes of the M12Education Reform Act 1988 (defined in section 123 of that Act), are to the institution the corporation is established to conduct, and

(b)in relation to any later time or to any corporation which is a further education corporation by virtue of section 47 of this Act or a higher education corporation [F106by virtue of section 122ZA or 122A] of that Act, are to any institution for the time being conducted by the corporation in the exercise of their powers under this or that Act.

Textual Amendments

F97S. 91(2) repealed (1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 42, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)

F100Words in s. 91(4) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 25; S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 12)

Modifications etc. (not altering text)

C7S. 91 applied (30.6.1999) by 1991 c. 56, s. 1(2), Sch. 4A para. 11(2) (as inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 1)

C8S. 91(3)(a)(b) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)

C9S. 91(5) applied by 1973 c. 50, s. 8(4) (as substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(3)(a)(b), Sch. 3)

C10S. 91(5)(b)(c) applied (1.9.1994) by 1994 c. 23, ss. 8(2), 31, 101(1), Sch. 9 Pt. II Group 6 Note (1)(c)(i) (with Sch. 13 para. 2)

Commencement Information

I9S. 91 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

92 Index.E+W

The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.

ExpressionRelevant provision
appropriate further education funding councilsection 1(6)
contract of employment, etc.section 90(1)
[F107council (in Part I), or learning and skills councilsections 61A(1) and 90(2A)]
F108. . .F108. . .
designated institution (in Part I)section 28(4)
designated institution (in Part II)section 72(3)
the Education Actssection 90(1)
functionssection 61(1)
further education F109[section 90(1)]
further education corporationsection 17(1)
[F110further education corporation in England section 90(1)]
[F110further education corporation in Wales section 90(1)]
governing bodysection 90(1) and (2)
[F111the HEFCW section 62(1)]
higher educationsection 90(1)
higher education corporationsection 90(1)
[F112institution in Wales (in relation to the HEFCW)]section 62(7)
institutions within or outside the further education sectorsection 91(3)
institutions within or outside the higher education sectorsections 61(3)(a) and 91(5)
institutions within the PCFC funding sectorsection 90(4)
interest in landsection 90(1)
landsection 90(1)
liabilitysection 90(1)
local authoritysection 90(1)
modificationsection 61(1)
operative datesections 17 and 33(4)
F113. . .F113. . .
regulationssection 61(1)
[F114relevant sixth form college section 90(1)]
F115. . .F115. . .
[F114sixth form college section 91(3A)]
[F114sixth form college corporation section 90(1)]
F113. . .F113. . .
F113. . .F113. . .
transfer of rights or liabilitiessection 61(2)
universitysection 90(3)
F115. . .F115. . .

Textual Amendments

F107Entry in s. 92 substituted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 43; S.I. 2001/654, art. 2, Sch. Pt. II (with transitional provisions in art. 3)

F109Words in the entry for “further education” in s. 92 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 116(a) (with ss. 1(4), 561, 562, Sch. 39)

F113Entries in s. 92 repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I para. 116(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

F115Words in s. 92 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 42(b); S.I. 2012/924, art. 2

Commencement Information

I10S. 92 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

93 Amendments and repeals.E+W

(1)Schedule 8 (which makes minor and consequential amendments) shall have effect.

(2)The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column.

Commencement Information

I11S. 93 wholly in force; s. 93 not in force at Royal Assent see s. 94(3); s. 93(2) wholly in force and s. 93(1) in force for certain purposes at 6.5.1992, 30.9.1992, 1.4.1993, 1.8.1993 by S.I. 1992/831, art. 2, Schs. (as amended by S.I. 1992/2041, art. 2(b)); s. 93(1) in force (E.) for certain purposes at 7.12.1992 by S.I. 1992/3057, art. 2; s. 93(1) in force for certain purposes at 1.8.1996 by S.I. 1996/1897, art. 2

94Short title, commencement, etc.E+W

(1)This Act may be cited as the Further and Higher Education Act 1992.

F116(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.

(4)Subject to the following provisions of this section, this Act extends to England and Wales only.

(5)Sections 63, 64 and 82 of this Act extend also to Scotland.

(6)Section 80 extends also to Scotland and Northern Ireland.

(7)The amendment by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Subordinate Legislation Made

P1S. 94(3) power partly exercised (16.3.1992): different dates appointed for specified provisions by S.I. 1992/831 (with saving and transitional provisions);

s. 94(3) power partly exercised (25.8.1992) by S.I. 1992/2041 (amending S.I. 1992/831);

s. 94(3) power partly exercised (1.9.1992): 1.4.1993 appointed for specified provisions by S.I. 1992/2377;

s. 94(3) power partly exercised (7.12.1992): 7.12.1992 appointed (E.) for s. 93(1) for certain purposes by S.I. 1992/3057;

s. 94(3) power partly exercised (9.7.1996): 1.8.1996 appointed for certain purposes by S.I. 1996/1897;

Textual Amendments

F116S. 94(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I12S. 94 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

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