Further and Higher Education Act 1992

Valid from 01/04/1993

2The duty imposed on local education authorities by section 7 (stages and purposes of statutory system of education) does not extend to matters in respect of which the higher education funding councils or the further education funding councils have a duty.

Valid from 01/04/1993

3Section 8(3) is omitted.

Valid from 01/04/1993

4In section 9(1) for “duties” there is substituted “ functions ”.

Valid from 01/04/1993

5In section 55 (provision of transport and other facilities)—

(a)for subsection (1) there is substituted—

“(1)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary or as the Secretary of State may direct for the purpose of facilitating the attendance of persons receiving education—

(a)at schools,

(b)at any institution maintained or assisted by them which provides higher education or further education (or both),

(c)at any institution within the further education sector, or

(d)at any institution outside the further education sector and higher education sector, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the Further and Higher Education Act 1992;

and any transport provided in pursuance of such arrangements shall be provided free of charge.”

(b)in subsection (2) for “pupil in attendance” there is substituted “ person receiving education ”,

(c)in subsection (3) for “pupil”, in each place, there is substituted “ person ”,

(d)for subsection (4) there is substituted—

“(4)Arrangements made by a local education authority under subsection (1) above shall make provision—

(a)for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority,

(b)for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority, and

(c)for persons receiving full-time education at institutions mentioned in subsection (1)(d) above which is no less favourable than the provision made in pursuance of the arrangements—

(i)for persons of the same age with learning difficulties (within the meaning of section 41(9) of this Act) at schools maintained by a local education authority, or

(ii)where there are no such arrangements, for such persons for whom the authority secures the provision of education at any other institution.”, and

(e)after subsection (4) there is added—

“(5)Regulations under section 8(5) of the Education Act 1980 may require publication, within the meaning of that section, by every local education authority of such information as may be required by the regulations with respect to the authority’s policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) above who are over compulsory school age and who have not attained the age of nineteen years.”

Prospective

F1[6At the end of section 56 (power to provide primary and secondary education otherwise than at school) (which becomes subsection (1)) there is added—

“(2)In this section “secondary education” includes any full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years and, for the purposes of the Education Acts 1944 to 1992—

(a)any such education, or education similar in other respects but less than full-time, provided in pursuance of this section is to be treated as secondary education; and

(b)any person for whom education is provided in pursuance of this section is to be treated as a pupil.”]

Valid from 01/04/1993

7In section 62(1) (duties of Secretary of State and of local education authorities as to the training of teachers), after “grant-maintained schools” there is inserted “ institutions within the further education sector ”.

Valid from 01/04/1993

8Section 67(4A) (determination of disputes and questions - part-time senior education and post-school age education) is omitted.

Valid from 01/09/1992

10Section 77 (inspection of educational establishments) shall cease to have effect in relation to any institution other than a school.

Valid from 01/04/1993

11In section 81 (power of local education authorities to give assistance by means of scholarships and otherwise)—

(a)for “pupils” (where it first appears) there is substituted “ persons ”, and

(b)in paragraph (c)—

(i)for “pupils” (where it first appears) there is substituted “ persons ”, and

(ii)the words from “including” to the end are omitted.

Valid from 01/04/1993

12In section 85(2) and (3) (power of local education authorities to accept gifts for educational purposes), the words “for providing primary or secondary education” are omitted.

Valid from 01/04/1993

The Education Act 1946 (c. 50)E+W

14In the First Schedule to the Education Act 1946 (maintenance of voluntary schools) after paragraph 8 there is added—

Paragraph 8 of this Schedule shall not apply in the case of an institution which is or has at any time been within the further education sector.”

Valid from 01/04/1993

The Education (Miscellaneous Provisions) Act 1948 (c. 40)E+W

15Section 3(3) of the Education (Miscellaneous Provisions) Act 1948 (allocation between primary and secondary education of children between ten and a half and twelve years old - definition of secondary education) is omitted.

16In section 5(3) of that Act (amendment and consolidation of enactments as to provision of clothing) after paragraph (a) there is inserted—

Valid from 01/08/1993

The Education Act 1980 (c. 20)E+W

17After section 22(3A) of the Education Act 1980 (school meals - England and Wales) there is inserted—

“(3B)Subsection (1) above applies in relation to persons, other than pupils, who receive education at a school maintained by a local education authority or a grant-maintained school, and in relation to the authority maintaining the school or the governing body of the grant-maintained school, as it applies in relation to pupils at a school maintained by a local education authority and the authority maintaining the school; and an authority or governing body must charge for anything so provided and must charge every such person the same price for the same quantity of the same item.”

Valid from 01/04/1993

The Education (Fees and Awards) Act 1983 (c. 40)E+W+S

19E+WIn section 1(3) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—

(a)for paragraph (b) there is substituted—

(b)after paragraph (c) there is inserted—

Valid from 30/09/1992

The Further Education Act 1985 (c. 47)E+W

21(1)In section 2(2) of that Act (power of LEAs to lend money for those purposes) for paragraphs (a) to (d) there is substituted—E+W

“(a) to a higher education corporation or further education corporation (within the meaning of the Further and Higher Education Act 1992);

(b)in the case of the following institutions—

(i)an institution within the higher education sector which is not conducted by a higher education corporation;

(ii)an institution within the further education sector which is not conducted by a further education corporation; or

(iii)an institution which provides higher education or further education and is assisted by a local education authority,

to the governing body of the institution or, if it is conducted by a company, to the company; or

(c)to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below”.

(2)In subsection (8) of that section for “(2)(d)” there is substituted “ (2)(c) ”.

Valid from 01/04/1993

The Education (No. 2) Act 1986 (c. 61)E+W+S

22E+WIn section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc.)—

(a)in subsection (5)—

(i)for paragraph (aa) there is substituted-

• “ (aa) any institution other than a university within the higher education sector ”,

  (ii)

  after paragraph (b) there is inserted—

• “ (ba) any institution within the further education sector ”, and

  (iii)

  paragraph (c) is omitted, and

(b)in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.

23E+WIn section 49(3) of that Act (appraisal of performance of teachers)—

(a)paragraphs (d) and (da) are omitted,

(b)after paragraph (da) there is inserted-

(c)in paragraph (e) for “(da)” there is substituted “ (db) ”.

24In section 51 of that Act (recoupment)—

(a)in subsection (2)(b) the words from “made” to the end are omitted,

(b)subsections (5) and (6) are omitted,

(c)in subsection (8) for “(1) to (6)” there is substituted “ (1) and (2) ”, and

(d)after subsection (12) there is added—

“(13)References in this section to a pupil, in relation to any school or other institution, include any person who receives education at the school or institution.”

25In section 52(1)(a) and (3) of that Act (recoupment : cross-border provisions) for “pupil”, in each place, there is substituted “ person ”.

26In section 58 of that Act (travelling and subsistence allowances for governors of schools and establishments of further education)—

(a)subsections (3), (4) and (5)(a) are omitted, and

(b)in subsection (5)(ab) “and are not designated establishments of higher or further education” is omitted.

Valid from 01/04/1993

28In section 24(1)(b) (extension of certain provisions)—

(a)for the words from “a reference” to second “and” there is substituted “ except in relation to a local education authority, a reference to ”,

(b)in sub-paragraph (ii) after “a university” there is inserted “ or an institution within the higher education sector ”, and

(c)after that sub-paragraph there is added—

“ and

(iii)any institution within the further education sector”.

Valid from 01/08/1993

29In section 100 (provision of benefits and services for pupils by local education authorities), after subsection (1) there is inserted—

“(1A)Where—

(a)a local education authority are under a duty, or have power, to provide any benefits or services for persons, other than pupils, receiving education at a school; and

(b)the duty is to be performed, or the power may be exercised, both in relation to such persons at schools maintained by a local education authority and in relation to such persons at grant-maintained schools;

the authority shall in performing the duty, or in exercising the power, treat such persons at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than such persons at schools maintained by a local education authority.”

Valid from 01/04/1993

30E+WIn section 120 (functions of local education authorities with respect to higher and further education)—

(a)subsection (2) is omitted,

(b)in subsection (3)(b) for “living outside their area” there is substituted “ from other areas ”,

(c)in subsection (4)—

(i)for “universities, institutions within the PCFC funding sector” there is substituted “ institutions within the higher education sector ”, and

(ii)after “sector” there is inserted “ or the further education sector ”, and

(d)subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.

Valid from 01/04/1993

33E+WIn section 124 (powers of a higher education corporation)—

(a)in subsection (2)(b) for “disabled students” there is substituted “ students having learning difficulties within the meaning of section 41(9) of the Education Act 1944 ”, and

(b)subsection (4) is omitted.

Valid from 01/04/1993

35E+WSections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.

Valid from 01/04/1993

39E+WIn section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by local education authority)—

(a)in subsection (4)—

(i)the words “or assisted” in both places are omitted,

(ii)after “becomes” there is inserted “ an institution within the further education sector ”, and

(iii)for “the PCFC funding sector” there is substituted “ the higher education sector ”,

(b)subsection (5)(b) is omitted, and

(c)in subsection (6)—

(i)at the beginning of paragraph (b) there is inserted “ an institution within the further education sector or ”, and

(ii)in that paragraph for “the PCFC funding sector” there is substituted “ the higher education sector ”.

Valid from 01/04/1993

40E+WIn section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.

Valid from 01/04/1993

41E+WSection 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.

Valid from 01/04/1993

42E+WIn section 161 (interpretation of Part II) subsection (1)(c) is omitted.

Valid from 01/04/1993

44E+WIn section 198(5) (transfers under Parts I and II) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”.

Valid from 01/04/1993

45E+WIn section 205 (procedure for exercise of University Commissioners’ powers)—

(a)for subsection (2)(d) there is substituted—

(b)subsection (6) is omitted.

Valid from 01/04/1993

46E+WIn section 210 (grants for the education of travellers and displaced persons), after “local education authorities” (in subsections (1) and (3)(d)) there is inserted “ or institutions within the further education sector ”.

Valid from 01/04/1993

47E+WIn section 211 (grants in respect of special provision for immigrants)—

(a)after paragraph (b) there is inserted—

(b)paragraph (c) is omitted.

Valid from 01/04/1993

49E+WIn section 218 (school and further and higher education regulations)—

(a)in subsection (1)(f) for “pupils” there is substituted “ persons receiving education ”,

(b)in subsection (7)(b) for “pupils attending” there is substituted “ persons receiving education at ”,

(c)in subsection (10)—

(i)after paragraph (a) there is inserted-

(d)in subsection (11) for “the PCFC funding sector” there is substituted “ the higher education sector in receipt of financial support under section 65 of the Further and Higher Education Act 1992 ”.

Valid from 01/04/1993

52E+WIn section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.

Valid from 01/04/1993

53In section 222 (application of employment law during financial delegation) subsection (2)(b) and, in subsection (3)(c), “or institutions required to be covered by schemes under section 139 of this Act” are omitted.

Valid from 01/04/1993

55E+WIn section 230 (stamp duty)—

(a)in subsection (1) “section 136(2)” is omitted, and

(b)in subsection (3)—

(i)for paragraph (b) there is substituted—

• “ (b) an institution within the higher education sector ”,

  (ii)

  paragraph (c)(ii) is omitted, and

  (iii)

  after paragraph (c) there is inserted—

• “ (ca) an institution within the further education sector ”.

Valid from 01/04/1993

57In section 234 (meaning of “assisted” for the purposes of the 1944 Act and Acts construed as one with it)—

(a)in subsection (1) for “the PCFC funding sector” there is substituted “ the higher education sector other than a university ”, and

(b)subsection (2)(b) is omitted.

Valid from 01/04/1993

58E+W+SIn section 235 (general interpretation) subsection (2)(a) and (h) are omitted.

Valid from 01/04/1993

60E+W+SSchedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council.

Valid from 01/04/1993

66E+WIn Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.

Valid from 01/04/1993

The Education (Student Loans) Act 1990 (c. 6)E+W+S

67E+W+SIn section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—

(a)for “131 or 132 of the M1Education Reform Act 1988” there is substituted “ 65 of the Further and Higher Education Act 1992 ”, and

(b)for the words from “institutions designated” to “local education authorities” there is substituted “ institutions receiving recurrent grants towards their costs from a further education funding council ”.