Further and Higher Education Act 1992 (c. 13)

(The document as of February, 2008)

-- Back --

Page 4

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

(1) The Secretary of State may by regulations require the governing body of any institution within the further education sector to publish such information as may be prescribed about--

(a) the educational provision made or proposed to be made for their students,

(b) the educational achievements of their students on entry to the institution and the educational achievements of their students while at the institution (including in each case the results of examinations, tests and other assessments),

(d) the careers of their students after completing any course or leaving the institution.

(2) For the purposes of subsection (1)(d) above, a person's career includes any education, training, employment or occupation; and the regulations may in particular require the published information to show--

(a) the numbers of students not undertaking any career, and

(b) the persons providing students with education, training or employment.

(3) The information shall be published in such form and manner and at such times as may be prescribed.

(4) The published information shall not name any student to whom it relates.

(5) In this section "prescribed" means prescribed by regulations.

51 Publication of proposals

(1) A council shall not make a proposal for--

(a) the establishment by the Secretary of State of a body corporate under section 16(1) of this Act,

(b) the establishment by the Secretary of State of a body corporate under subsection (3) of that section, or

unless the following conditions have been complied with.

(2) The conditions are that--

(a) a draft of the proposal, or of a proposal in substantially the same form, giving such information as may be prescribed has been published by such time and in such manner as may be prescribed,

(b) the council have considered any representations about the draft made to them within the prescribed period, and

(3) The Secretary of State shall not make--

(a) an order under section 16(1) of this Act, other than an order made for the purpose of giving effect to a proposal by a council, or

(b) an order under section 16(2) of this Act,

unless he has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.

(4) In this section "prescribed" means prescribed by regulations.

52 Duty to provide for named individuals

(1) This section applies where an institution within the further education sector provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(2) A council may by notice given to the governing body of such an institution--

(a) require them to provide for such individuals as may be specified in the notice such education falling within subsection (1) above as is appropriate to their abilities and aptitudes, or

(b) withdraw such a requirement.

(3) The governing body of such an institution shall, for any academic year in respect of which they receive financial support from a council, secure compliance with any requirement in respect of any individual who has not attained the age of nineteen years which is or has been imposed by that council under subsection (2) above and has not been withdrawn.

53 Inspection of accounts

(1) The accounts of--

(a) any further education corporation, and

(b) any designated institution,

shall be open to the inspection of the Comptroller and Auditor General.

(2) In the case of any such corporation or institution--

(a) the power conferred by subsection (1) above, and

(b) the powers under sections 6 and 8 of the [1983 c. 44.] National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,

shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the corporation, or by the governing body of the institution in question, in respect of which grants, loans or other payments are made to them under this Part of this Act.

III General

54 Duty to give information

(1) Each of the following shall give a council such information as they may require for the purposes of the exercise of any of their functions under this Part of this Act--

(a) a local education authority,

(b) the governing body of any institution maintained by a local education authority, grant-maintained school, city technology college or city college for the technology of the arts,

(d) the governing body of any institution which is receiving or has received financial support under section 5 of this Act.

(2) Such information relating to the provision which has been made by a local education authority in respect of any pupil at an institution as the authority may require for the purposes of claiming any amount in respect of the pupil from another authority under section 51 of the [1986 c. 61.] Education (No. 2) Act 1986 or by virtue of regulations under section 52 of that Act shall, where the institution becomes an institution within the further education sector, be provided to the authority by the governing body of the institution.

55 Inspection etc. of local education authority institutions, other than schools, and advice to Secretary of State

(1) The chief inspector shall have the general duty of keeping the Secretary of State informed about--

(a) the quality of education provided in local education authority institutions,

(b) the educational standards achieved in such institutions, and

(2) When asked to do so by the Secretary of State, the chief inspector shall--

(a) give advice to the Secretary of State on such matters relating to local education authority institutions, and on such other matters relating to further education, as may be specified in the Secretary of State's request, and

(b) inspect and report on any such local education authority institution, or any such class of local education authority institution, as may be so specified.

(3) In connection with the duties imposed on the chief inspector under this section, his powers, and those of his inspectors, in relation to the inspection of schools under any enactment shall extend to the inspection of institutions under this section.

(4) In relation to any local education authority institution maintained or assisted by them, a local education authority--

(a) shall keep under review the quality of education provided, the educational standards achieved and whether the financial resources made available are managed efficiently, and

(b) may cause an inspection to be made by persons authorised by them.

(5) A local education authority shall not authorise any person to inspect any institution under this section unless they are satisfied that he is suitably qualified to do so.

(6) A person who wilfully obstructs any person authorised to inspect an institution under or by virtue of this section in the exercise of his functions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) In this section--

(a) in relation to institutions in England, "chief inspector" means Her Majesty's Chief Inspector of Schools in England and "his inspectors" means Her Majesty's Inspectors of Schools in England,

(b) in relation to institutions in Wales, "chief inspector" means Her Majesty's Chief Inspector of Schools in Wales and "his inspectors" means Her Majesty's Inspectors of Schools in Wales, and

(c) "local education authority institution" means an educational institution, other than a school, maintained or assisted by a local education authority.

56 Directions

(1) In exercising their functions under this Part of this Act, each council shall comply with any directions contained in an order made by the Secretary of State.

(2) Directions under this section may be general or special, and special directions may, in particular, relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.

57 Intervention in the event of mismanagement or breach of duty

(1) If the Secretary of State is satisfied that the affairs of any institution within the further education sector have been or are being mismanaged, he may on the recommendation of the appropriate council by order--

(a) remove all or any of the members of the governing body of the institution and appoint new members in their places, and

(b) make such modifications of the instrument of government of the institution as he thinks fit.

(2) An appointment of a member of a governing body of an institution under subsection (1) above shall have effect as if made in accordance with the instrument of government and articles of government of the institution.

(3) If the Secretary of State is satisfied, either upon complaint by any person interested or otherwise, that--

(a) a council, or

(b) the governing body of any institution within the further education sector,

have failed to discharge any duty imposed on them by or for the purposes of the Education Acts, he may make an order under this subsection.

(4) An order under subsection (3) above shall declare the council or the governing body, as the case may be, to be in default in respect of that duty, and may give such directions for the purpose of enforcing the execution of that duty as appear to the Secretary of State to be expedient.

(5) A council or governing body in respect of which an order is made under subsection (3) above shall comply with any directions contained in the order.

(6) Section 93 of the [1944 c. 31.] Education Act 1944 (power to hold local inquiries) applies for the purposes of the Secretary of State's functions under this section as it applies for the purposes of his functions under that Act.

58 Reorganisations of schools involving establishment of further education corporation

(1) Subsection (2) below applies where, in connection with a reorganisation of schools maintained by a local education authority, any land used for the purposes of one or more of the schools affected by the reorganisation or, as the case may be, the school so affected--

(a) is to cease to be so used or is to continue to be so used for a limited period, and

(b) while it is so used, or after it has ceased to be so used, is to be used for the purposes of an institution conducted by a further education corporation;

and in that subsection that land is referred to as "the land to be transferred".

(2) If the land to be transferred is land of the local authority, the land and any other property of the local authority used for the purposes of the school on that land shall be treated for the purposes of section 23 of this Act as used for the purposes of the educational institution conducted by the corporation.

(3) For the purposes of this section there is a reorganisation of schools maintained by a local education authority if, in the case of each of the schools affected by the reorganisation or (if there is only one) the school so affected--

(a) the local education authority cease to maintain the school, or

(b) a significant change is made in the character of the school or the premises of the school are significantly enlarged,

whether or not the reorganisation also involves the establishment of one or more new schools.

59 Reorganisations, affecting provision for further education, of schools

(1) This subsection applies where--

(a) the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school, and

(b) the intention arises in connection with a proposal by a council, or by the Secretary of State, for the establishment under section 16 of this Act of a further education corporation to conduct an educational institution in the same area.

(2) Where subsection (1) above applies--

(a) section 14 of the [1944 c. 31.] Education Act 1944 (restrictions on discontinuance) shall not apply,

(b) section 13 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of voluntary schools) and, so far as relating to that section, section 16(1) to (3B) of that Act, shall apply as they would apply if the intention were to make a significant change in the character of the school, and

(c) if the school is discontinued the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.

(3) Where--

(a) a local education authority intend to cease to maintain any county school or (except as provided by section 14 of the [1944 c. 31.] Education Act 1944) voluntary school or to make any significant change in the character of a county school, or

(b) the governors of a school maintained by a local education authority as a voluntary school intend to discontinue the school or to make any significant change in the character of the school,

and ceasing to maintain or discontinuing the school, or the change, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, they shall, before they publish notice of their proposals in pursuance of section 12 or 13 of the [1980 c. 20.] Education Act 1980 or serve notice under section 14 of the [1944 c. 31.] Education Act 1944, consult the appropriate council.

(4) In subsection (3) above, references to any significant change in the character of a school include a significant enlargement of its premises.

(5) Where--

(a) a local education authority propose to make any change in any arrangements for any special school as to the pupils for whom provision is made or the special educational provision made for them or propose to cease to maintain any special school, and

(b) the change, or ceasing to maintain the school, will affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years,

they shall, before they give written notice of the proposed change to the Secretary of State in pursuance of regulations under section 12 of the [1981 c. 60.] Education Act 1981 (approval of special schools) or serve notice of their proposals under section 14 of that Act (discontinuance of maintained special school), consult the appropriate council.

60 Saving as to persons detained by order of a court

No function conferred or imposed by this Act on a further education funding council shall be construed as relating to any person who is detained, otherwise than at a school, in pursuance of an order made by a court or of an order of recall made by the Secretary of State.

61 Interpretation of Part I

(1) In this Part of this Act--

"functions" includes powers and duties,
"modifications" includes additions, alterations and omissions and "modify" shall be construed accordingly, and
"regulations" means regulations made by the Secretary of State.

(2) References in this Part of this Act, except section 26, to the transfer of any person's rights or liabilities do not include--

(a) rights or liabilities under a contract of employment, or

(b) liabilities of that person in respect of compensation for premature retirement of any person formerly employed by him.

(3) In relation to any time before the commencement of section 65 of this Act, references in this Part of this Act and, so far as relating to this Part, Part III of this Act--

(a) to institutions within the higher education sector are to universities, to institutions within the PCFC funding sector and to higher education institutions which receive, or are maintained by persons who receive, grants under regulations made under section 100(1)(b) of the [1944 c. 31.] Education Act 1944, and

(b) to a higher education funding council are to the Universities Funding Council established under section 131 of the [1988 c. 40.] Education Reform Act 1988 and to the Polytechnics and Colleges Funding Council established under section 132 of that Act.

Part III Higher education

The new funding councils

62 The Higher Education Funding Councils

(1) There shall be established--

(a) a body corporate to be known as the Higher Education Funding Council for England to exercise in relation to England the functions conferred on them, and

(b) a body corporate to be known as the Higher Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.

(2) The Higher Education Funding Council for England shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(3) The Higher Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(4) In appointing the members of a council the Secretary of State--

(a) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and

(b) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

(5) In this Part of this Act any reference to a council is to a higher education funding council.

(6) In the Education Acts any reference to a higher education funding council--

(a) in relation to matters falling within the responsibility of the Higher Education Funding Council for England or to educational institutions in England, is to that council, and

(b) in relation to matters falling within the responsibility of the Higher Education Funding Council for Wales or to educational institutions in Wales, is to that council.

(7) In this Part of this Act references to institutions in England or institutions in Wales--

(a) are to institutions whose activities are carried on, or principally carried on, in England or, as the case may be, Wales, but

(b) include, in both cases, the Open University.

(8) Any dispute as to whether any functions are exercisable by one of the councils shall be determined by the Secretary of State.

(9) Schedule 1 to this Act has effect with respect to each of the councils.

63 Dissolution of existing councils

(1) On the appointed day--

(a) the Universities Funding Council and the Polytechnics and Colleges Funding Council (referred to in this section as the "existing councils") shall be dissolved, and

(b) all property, rights and liabilities to which either of the existing councils were entitled or subject immediately before that date shall become by virtue of this section property, rights and liabilities of the Higher Education Funding Council for England,

but this subsection does not apply to rights or liabilities under a contract of employment.

(2) Where--

(a) immediately before the appointed day, a person (referred to below as "the employee") is employed by an existing council (referred to below as "the existing employer") under a contract of employment which would have continued but for the dissolution of the existing employer, and

(b) the employee is designated for the purposes of this section by an order made by the Secretary of State,

the contract of employment shall not be terminated by that dissolution but shall have effect as from the appointed day as if originally made between the employee and the new employer.

(3) In this section "the new employer", in relation to the employee, means such higher education funding council as may be specified in relation to the employee by the order designating him for the purposes of this section; and in this subsection "higher education funding council" includes the Scottish Higher Education Funding Council.

(4) Without prejudice to subsection (2) above, where that subsection applies--

(a) all the existing employer's rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred on the appointed day to the new employer, and

(b) anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall as from that date be treated as having been done by or in relation to the new employer.

(5) Subsections (2) and (4) above are without prejudice to any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(6) An order under this section may designate a person either individually or as a member of a class or description of employees.

(7) In this section "the appointed day" means the day appointed under section 94 of this Act for the commencement of this section.

64 Transitional arrangements

(1) Until the commencement of section 65 of this Act, any institution which is a university and was at any time within the PCFC funding sector shall be treated for the purposes of Chapter II of Part II of the [1988 c. 40.] Education Reform Act 1988 (reorganisation and provision of funding of higher education) as if it were within that sector and were not a university.

(2) Until their dissolution the Universities Funding Council shall give to the higher education funding councils and the Scottish Higher Education Funding Council all such assistance as those councils may reasonably require for the purpose of enabling them to exercise their functions on and after the commencement of section 65 of this Act or, as the case may be, the corresponding provisions of the [1992 c. 37.] Further and Higher Education (Scotland) Act 1992.

(3) Until their dissolution the Polytechnics and Colleges Funding Council shall give to the higher education funding councils all such assistance as those councils may reasonably require for the purpose of enabling them to exercise their functions on and after the commencement of section 65 of this Act.

(4) The Higher Education Funding Council for England shall discharge any duty under paragraph 17 of Schedule 8 to the [1988 c. 40.] Education Reform Act 1988 (accounts) in respect of any period ending before the dissolution of the Universities Funding Council and the Polytechnics and Colleges Funding Council under section 63 of this Act which would have fallen to be discharged by those councils after the dissolution or fell to be so discharged before the dissolution but has not been discharged.

Funds

65 Administration of funds by councils

(1) Each council shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to the council by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.

(2) The activities eligible for funding under this section are--

(a) the provision of education and the undertaking of research by higher education institutions in the council's area,

(b) the provision of any facilities, and the carrying on of any other activities, by higher education institutions in their area which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research,

(i) by institutions in their area maintained or assisted by local education authorities, or

(ii) by such institutions in their area as are within the further education sector,

of prescribed courses of higher education, and

(d) the provision by any person of services for the purposes of, or in connection with, the provision of education or the undertaking of research by institutions within the higher education sector.

(3) A council may--

(a) make grants, loans or other payments to the governing body of any higher education institution in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above, and

(b) make grants, loans or other payments to any persons in respect of expenditure incurred or to be incurred by them for the purposes of the provision as mentioned in subsection (2)(c) above of prescribed courses of higher education or the provision of services as mentioned in subsection (2)(d) above,

subject in each case to such terms and conditions as the council think fit.

(4) The terms and conditions on which a council may make any grants, loans or other payments under this section may in particular--

(a) enable the council to require the repayment, in whole or in part, of sums paid by the council if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b) require the payment of interest in respect of any period during which a sum due to the council in accordance with any of the terms and conditions remains unpaid,

but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from the council.

(5) In this section and section 66 of this Act "higher education institution" means a university, an institution conducted by a higher education corporation or a designated institution.

66 Administration of funds: supplementary

(1) Before exercising their discretion under section 65(3)(a) of this Act with respect to the terms and conditions to be imposed in relation to any grants, loans or other payments, a council shall consult such of the following bodies as appear to the council to be appropriate to consult in the circumstances--

(a) such bodies representing the interests of higher education institutions as appear to the council to be concerned, and

(b) the governing body of any particular higher education institution which appears to the council to be concerned.

(2) In exercising their functions in relation to the provision of financial support for activities eligible for funding under section 65 of this Act a council shall have regard to the desirability of not discouraging any institution for whose activities financial support is provided under that section from maintaining or developing its funding from other sources.

(3) In exercising those functions a council shall have regard (so far as they think it appropriate to do so in the light of any other relevant considerations) to the desirability of maintaining--

(a) what appears to them to be an appropriate balance in the support given by them as between institutions which are of a denominational character and other institutions, and

(b) any distinctive characteristics of any institution within the higher education sector for whose activities financial support is provided under that section.

(4) For the purposes of subsection (3) above an institution is an institution of a denominational character if it appears to the council that either--

(a) at least one quarter of the members of the governing body of the institution are persons appointed to represent the interests of a religion or religious denomination,

(b) any of the property held for the purposes of the institution is held upon trusts which provide that, in the event of the discontinuance of the institution, the property concerned shall be held for, or sold and the proceeds of sale applied for, the benefit of a religion or religious denomination, or

(i) the provision of education, or

(ii) the conduct of an educational institution,

in accordance with the tenets of a religion or religious denomination.

67 Payments in respect of persons employed in provision of higher or further education

(1) In section 133 of the [1988 c. 40.] Education Reform Act 1988 (payments by PCFC in respect of persons employed in the provision of higher or further education) for subsection (1) there is substituted--

" (1) A higher education funding council shall have power to make payments, subject to such terms and conditions as the council think fit, to--

(a) any local education authority in their area;

(b) the London Residuary Body;

(d) the governing body of any institution designated under section 129 of this Act, as originally enacted;

in respect of relevant expenditure incurred or to be incurred by that authority or body of any class or description prescribed for the purposes of this section. "

(2) In subsection (2)(a) of that section (meaning of relevant expenditure) after "education authority" there is inserted "the London Residuary Body or the London Pensions Fund Authority".

(3) At the end of subsection (3) of that section (meaning of references to higher and further education) there is added "and in any other case the reference to further education shall be read as a reference to further education within the meaning of section 41 of the 1944 Act as that section had effect on that date".

(4) In subsection (4) of that section (duty to give information) after paragraph (a) there is inserted--

" (aa) the London Residuary Body;

(ab) the London Pensions Fund Authority " .

(5) That section as originally enacted shall have effect, or be treated as having had effect, as if--

(a) in subsection (1), in relation to anything done before regulations for the purposes of that subsection were in force, the words "of any class or description prescribed for the purposes of this section" were omitted, and

(b) in subsections (1) and (2) the references to a local education authority included the London Residuary Body and the London Pensions Fund Authority.

68 Grants to councils

(1) The Secretary of State may make grants to each of the councils of such amounts and subject to such terms and conditions as he may determine.

(2) The terms and conditions subject to which grants are made by the Secretary of State to either of the councils--

(a) may in particular impose requirements to be complied with in respect of every institution, or every institution falling within a class or description specified in the terms and conditions, being requirements to be complied with in the case of any institution to which the requirements apply before financial support of any amount or description so specified is provided by the council in respect of activities carried on by the institution, but

(b) shall not otherwise relate to the provision of financial support by the council in respect of activities carried on by any particular institution or institutions.

(3) Such terms and conditions may not be framed by reference to particular courses of study or programmes of research (including the contents of such courses or programmes and the manner in which they are taught, supervised or assessed) or to the criteria for the selection and appointment of academic staff and for the admission of students.

(4) Such terms and conditions may in particular--

(a) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any of the terms and conditions subject to which the sums were paid is not complied with, and

(b) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the terms and conditions remains unpaid.

Further functions

69 Supplementary functions

(1) Each council--

(a) shall provide the Secretary of State with such information or advice relating to the provision for their area of higher education as he may from time to time require, and

(b) may provide the Secretary of State with such information or advice relating to such provision as they think fit,

and information and advice provided under this subsection shall be provided in such manner as the Secretary of State may from time to time determine.

(2) Each council shall keep under review activities eligible for funding under section 65 of this Act.

(3) A council may provide, on such terms as may be agreed, such advisory services as the Department of Education for Northern Ireland or the Department of Agriculture for Northern Ireland may require in connection with the discharge of the department's functions relating to higher education in Northern Ireland.

(4) Where--

(a) any land or other property is or was used or held for the purposes of an institution, and

(b) the Secretary of State is entitled to any right or interest in respect of the property, or would be so entitled on the occurrence of any event,

then, if the institution is within the higher education sector, the Secretary of State may direct that all or any of his functions in respect of the property shall be exercisable on his behalf by the council, and the functions shall be so exercised in accordance with such directions as he may give from time to time.

(5) The Secretary of State may by order confer or impose on a council such supplementary functions relating to the provision of education as he thinks fit.

(6) For the purposes of subsection (5) above a function is a supplementary function in relation to a council if it is exercisable for the purposes of--

(a) the exercise by the Secretary of State of functions of his under any enactment, or

(b) the doing by the Secretary of State of anything he has power to do apart from any enactment,

and it relates to, or to the activities of, any institution mentioned in subsection (7) below.

(7) Those institutions are--

(a) institutions within the higher education sector, or

(b) institutions within the further education sector, or maintained or assisted by local education authorities, at which prescribed courses of higher education are currently provided.

70 Assessment of quality of education provided by institutions

(1) Each council shall--

(a) secure that provision is made for assessing the quality of education provided in institutions for whose activities they provide, or are considering providing, financial support under this Part of this Act, and

(b) establish a committee, to be known as the "Quality Assessment Committee", with the function of giving them advice on the discharge of their duty under paragraph (a) above and such other functions as may be conferred on the committee by the council.

(2) The majority of the members of the committee--

(a) shall be persons falling within subsection (3) below, and

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

-- Back --

Stat