Education Act 2002

Further education

136Provision 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.

137Principals 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.

138Training 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.

139Wales: 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.

140Further 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—

  (a)

  provides further education and is maintained by a local education 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).