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Welsh Statutory Instruments

2008 No. 983 (W.108) (C.48)

EDUCATION, WALES

The Further Education and Training Act 2007 (Commencement No. 2) (Wales) Order 2008

Made

2 April 2008

The Welsh Ministers, in exercise of the powers conferred upon them by section 32(3) of the Further Education and Training Act 2007, make the following Order:

Title

1.  The title of this Order is the Further Education and Training Act 2007 (Commencement No. 2) (Wales) Order 2008.

Provision coming into force

2.  Sections 18(1) to (4) of the Further Education and Training Act 2007 come into force on 18 April 2008.

Jane Hutt

Minister for Children, Education, Life Long Learning and Skills, one of the Welsh Ministers

2 April 2008

Explanatory Note

(This note is not part of the Order)

This Order is the second Commencement Order which applies in relation to Wales made under the Further Education and Training Act 2007(1) and it brings into force sections 18(1) to (4) of that Act. Section 18(1) amends section 57 of the Further and Higher Education Act 1992(2). Section 57 relates to the Welsh Ministers' powers of intervention in further education institutions. Section 18(2) inserts subsection (2)(d) into section 57 whereby the Welsh Ministers can exercise their powers of intervention if they are satisfied that an institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training. Section 18(3) inserts sub-section (5A) into section 57, such that directions that can be given to a governing body under that section can include a direction requiring the governing body to make collaboration arrangements with such bodies as may be specified in the direction. Section 18(4) inserts subsections (6A) and (6B) into section 57, which provide that the Welsh Ministers cannot direct a governing body to dismiss a member of staff, but can give the governing body such directions as are necessary to give effect to procedures applicable to consideration of the case for dismissal of a member of staff.