Part 8Teachers

Further education

I1136 Provision of education

Regulations may—

a

prohibit the provision of education at a further education institution by a person who does not have a specified qualification;

b

prohibit the provision of education at a further education institution by a person unless he is serving or has served a probationary period;

c

specify conditions to be complied with by or in respect of persons providing education at a further education institution.

I2137 Principals of further education institutions

1

Regulations may provide that a person may serve as the principal of a further education institution only if he has a specified qualification.

2

Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—

a

is of a kind specified in the regulations, and

b

is designed to lead to the award of a qualification specified under subsection (1).

3

A provision of regulations under subsection (1) shall not apply to a person who has been appointed as the principal of an institution before the commencement of the provision.

4

Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—

a

pending the appointment of a principal, or

b

in the absence of the principal.

I3138 Training in provision of further education

1

This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).

2

The Secretary of State may by regulations—

a

prohibit the provision by a further or higher education institution in England of a course to which this section applies without the approval of the Secretary of State;

b

enable the Secretary of State to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in England;

c

enable the Secretary of State to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in England.

3

The National Assembly for Wales may by regulations—

a

prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;

b

enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;

c

enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

I5139 Wales: provision of higher education

1

The National Assembly for Wales may by regulations—

a

prohibit the provision by an institution to which this section applies of a course of higher education without the approval of the National Assembly;

b

enable the National Assembly to determine the number of persons who may undertake a course of higher education at an institution to which this section applies;

c

enable the National Assembly to determine the number of persons in different categories who may undertake a course of higher education at an institution to which this section applies.

2

This section applies to an institution in Wales which provides further or higher education and is within the further education sector.

I4140 Further education: general

1

Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

2

Regulations under any of sections 136 to 139 may impose a function on—

a

a local education authority, or

b

the governing body of a further or higher education institution.

3

In sections 136 to 139—

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” means an institution which—

    1. a

      provides further education and is maintained by a local education authority, or

    2. b

      is within the further education sector, and

  • “higher education institution” means an institution which—

    1. a

      is within the higher education sector, and

    2. b

      receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).