Education Act 2002

Further educationE+W

136 Provision of educationE+W

Regulations may—

(a)[F1prohibit the provision of education at a further education institution [F2in Wales] by a person who does not have a specified qualification;]

(b)[F3prohibit the provision of education at a further education institution [F4in Wales] 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.

137 Principals of further education institutionsE+W

[F5(1)Regulations may provide that a person may serve as the principal of a further education institution [F6in Wales] 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).

[F7(2A)Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).]

(3)A provision of regulations [F8made under subsection (1) by the Welsh Ministers in relation to Wales] shall not apply to a person who has been appointed as the principal of an institution [F9in England or Wales ”] 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.]

138 Training in provision of further educationE+W

[F10(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).

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

F12139 Wales: provision of higher educationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

140 Further education: generalE+W

(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 [F13local 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—

  (a)

  provides further education and is maintained by a [F13local authority], or

  (b)

  is within the further education sector, and

• “higher education institution” means an institution which—

  (a)

  is within the higher education sector, and

  (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).

[F14(4)For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution.

(5)“Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.]