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Further and Higher Education Act 1992 (c. 13)(The document as of February, 2008) Page 8 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 (b) for subsection (4)(b) there is substituted--
(c) after subsection (5) there is added-- " (6) An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable. " 35 Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted. 36 In section 135 (inspection of accounts)-- (a) for subsection (1)(c) there is substituted--
(b) in subsection (2) for the words from "grants" to the end there is substituted "financial support has been given to them under section 65 of the Further and Higher Education Act 1992." 37 In section 136 (transfer to Polytechnics and Colleges Funding Council of property and staff of National Advisory Body for Public Sector Higher Education)-- (a) in subsection (2) for "Polytechnics and Colleges Funding Council" there is substituted "Higher Education Funding Council for England", and (b) subsections (3) to (7) are omitted. 38 In section 137(2) (control of disposals of land) "or 129(3)" is omitted. 39 In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by local education authority)-- (a) in subsection (4)-- (i) the words "or assisted" in both places are omitted, (ii) after "becomes" there is inserted "an institution within the further education sector", and (iii) for "the PCFC funding sector" there is substituted "the higher education sector", (b) subsection (5)(b) is omitted, and (c) in subsection (6)-- (i) at the beginning of paragraph (b) there is inserted "an institution within the further education sector or", and (ii) in that paragraph for "the PCFC funding sector" there is substituted "the higher education sector". 40 In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted. 41 Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted. 42 In section 161 (interpretation of Part II) subsection (1)(c) is omitted. 43 In section 197 (Education Assets Board)-- (a) in subsection (4) after "this Act" there is inserted "and section 36 of and Schedule 5 to the Further and Higher Education Act 1992", (b) in subsection (6) for "this Act" there is substituted "the Education Acts 1944 to 1992", and (c) after subsection (7) there is inserted-- " (7A) A local education authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act. (7B) The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under the Education Acts 1944 to 1992. " 44 In section 198(5) (transfers under Parts I and II) for "the Polytechnics and Colleges Funding Council" there is substituted "the higher education funding council". 45 In section 205 (procedure for exercise of University Commissioners' powers)-- (a) for subsection (2)(d) there is substituted--
(b) subsection (6) is omitted. 46 In section 210 (grants for the education of travellers and displaced persons), after "local education authorities" (in subsections (1) and (3)(d)) there is inserted "or institutions within the further education sector". 47 In section 211 (grants in respect of special provision for immigrants)-- (a) after paragraph (b) there is inserted--
(b) paragraph (c) is omitted. 48 In section 214(2)(a) (unrecognised degrees) after "Royal Charter or" there is inserted "by or under". 49 In section 218 (school and further and higher education regulations)-- (a) in subsection (1)(f) for "pupils" there is substituted "persons receiving education", (b) in subsection (7)(b) for "pupils attending" there is substituted "persons receiving education at", (c) in subsection (10)-- (i) after paragraph (a) there is inserted-
(d) in subsection (11) for "the PCFC funding sector" there is substituted "the higher education sector in receipt of financial support under section 65 of the Further and Higher Education Act 1992". 50 In section 219 (powers of Secretary of State in relation to certain educational institutions) subsections (1)(b), (2)(d) and (e) and (3)(c)(ii) are omitted. 51 (1) Section 220 (extension of functions of Audit Commission) is amended as follows. (2) In subsection (1)-- (a) for "the Polytechnics and Colleges Funding Council, a higher education corporation" there is substituted--
(b) for "the governing body" there is substituted-- " (b) a further education funding council or the governing body of an institution within the further education sector, or (c) the governing body " . (3) In subsection (2)-- (a) for paragraphs (a) and (b) there is substituted-- " (a) with respect to studies relating to a higher education funding council, the council; (b) with respect to studies relating to the governing body of an institution within the higher education sector, the higher education funding council or the governing body " , and (b) after those paragraphs there is inserted-- " (ba) with respect to studies relating to a further education funding council, the council; (bb) with respect to studies relating to the governing body of an institution within the further education sector, the appropriate further education funding council or the governing body " . (4) For subsection (3) there is substituted-- " (3) The Commission may, at the request of a higher education funding council or a further education funding council, give the council advice in connection with the discharge of the council's functions under section 124B(2)(b) or paragraph 18(2)(b) of Schedule 7 to this Act. " (5) In subsection (4) after "a higher education corporation" there is inserted "a further education corporation". 52 In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of "relevant institution" are omitted. 53 In section 222 (application of employment law during financial delegation) subsection (2)(b) and, in subsection (3)(c), "or institutions required to be covered by schemes under section 139 of this Act" are omitted. 54 In section 227 (application to Wales) subsections (2) to (4) are omitted. 55 In section 230 (stamp duty)-- (a) in subsection (1) "section 136(2)" is omitted, and (b) in subsection (3)-- (i) for paragraph (b) there is substituted--
56 In section 232 (orders and regulations)-- (a) in subsection (2) "140(1), 141(6), 145(6), 151(4), 156(10)" is omitted, (b) in subsection (3) "or 227" is omitted, and (c) in subsection (4)(b) "227" is omitted. 57 In section 234 (meaning of "assisted" for the purposes of the 1944 Act and Acts construed as one with it)-- (a) in subsection (1) for "the PCFC funding sector" there is substituted "the higher education sector other than a university", and (b) subsection (2)(b) is omitted. 58 In section 235 (general interpretation) subsection (2)(a) and (h) are omitted. 59 In Schedule 7 (Higher Education Corporations)-- (a) for paragraph 1(4) there is substituted-- " (4) A corporation may change their name with the consent of the Privy Council. " , (b) in paragraph 18-- (i) in sub-paragraph (2)(b) for "the Polytechnics and Colleges Funding Council" there is substituted "the higher education funding council", and (ii) for sub-paragraph (5) there is substituted-- " (5) No person shall be qualified to be appointed auditor under that sub-paragraph except-- (a) an individual, or firm, eligible for appointment as a company auditor under section 25 of the [1989 c. 40.] Companies Act 1989; (b) a member of the Chartered Institute of Public Finance and Accountancy; or (c) a firm each of the members of which is a member of that institute. " , and (c) paragraph 19 is omitted. 60 Schedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council. 61 Paragraphs 62 to 64 below shall have effect, in place of paragraph 3 of Schedule 10 (supplementary provisions with respect to transfers) in the case of any transfer by virtue of section 126 or 130 and in such a case references to that paragraph of Schedule 10 shall be construed as references to paragraphs 62 to 64 below. 62 (1) The Education Assets Board may, in the case of any matter on which agreement is required to be reached under paragraph 2(1) of that Schedule-- (a) if it appears to them that it is unlikely that such an agreement will be reached, or (b) if such an agreement has not been reached within such period as may be prescribed by regulations, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under that paragraph. (2) A direction under sub-paragraph (1) above may be given before or after the transfer date. (3) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly. (4) The Board shall, before giving a direction under this paragraph, give the transferor and the transferee such opportunity as may be prescribed by regulations to make representations. 63 (1) The transferor or transferee, if dissatisfied with a determination under paragraph 62 above, may appeal to the Secretary of State. (2) An appeal under this paragraph shall be made in accordance with regulations. (3) The Secretary of State shall, before determining an appeal under this paragraph, give the appellant and the respondent such opportunity as may be prescribed by regulations to make representations. (4) On an appeal under this paragraph the Secretary of State may-- (a) allow or dismiss the appeal or vary the determination of the Board, and (b) give a direction accordingly under paragraph 62 above. 64 (1) Regulations may prescribe the procedure to be followed in making any determination under paragraphs 62 and 63 above. (2) The regulations may in particular-- (a) provide for a time limit within which representations and any supporting documents must be submitted, (b) empower the determining authority to proceed to a determination taking into account only such written representations and supporting documents as were submitted within the time limit, and (c) empower the determining authority to proceed to a determination, after giving the transferor and the transferee or, as the case may be, the appellant and the respondent written notice of their intention to do so, notwithstanding that no written representations were made within the time limit, if it appears to the determining authority that they have sufficient material before them to enable them to make a determination. (3) In sub-paragraph (2) above the "determining authority" means the Board or the Secretary of State, as the case may be. (4) In this paragraph and paragraphs 62 and 63 above "regulations" means regulations made by the Secretary of State. 65 In paragraph 4 of that Schedule at the beginning there is inserted-- " (1) Where a transfer by virtue of section 126 or 130 relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee. (2) " . 66 In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted. The Education (Student Loans) Act 1990 (c. 6)67 In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)-- (a) for "131 or 132 of the [1988 c. 40.] Education Reform Act 1988" there is substituted " 65 of the Further and Higher Education Act 1992", and (b) for the words from "institutions designated" to "local education authorities" there is substituted "institutions receiving recurrent grants towards their costs from a further education funding council". Part II Amendments of other ActsThe Public Records Act 1958 (c. 51)68 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there is inserted in the appropriate place--
The Charities Act 1960 (c. 58)69 (1) A further education corporation shall be an exempt charity for the purposes of the Charities Act 1960. (2) Paragraph (e) of Schedule 2 to that Act (institutions connected with institutions which are exempt charities for the purposes of that Act by virtue of the preceding provisions of that Schedule) shall apply in relation to an institution conducted by a further education corporation as it applies in relation to an institution included in that Schedule above that paragraph. The Veterinary Surgeons Act 1966 (c. 36)70 In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of "recognised institution" after paragraph (a)(i) there is inserted-- " (iA) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 " . The Local Authorities (Goods and Services) Act 1970 (c. 39)71 (1) Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" shall include any institution within the further education sector or the higher education sector. (2) The provisions of sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person or description of persons shall be a public body for the purposes of that Act). (3) An order under that section may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an institution within the further education sector or the higher education sector specified in the order. The Chronically Sick and Disabled Persons Act 1970 (c. 44)72 In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)-- (a) for paragraph (aa) there is substituted--
(b) after paragraph (b) there is inserted--
The Superannuation Act 1972 (c. 11)73 In Schedule 1 to the Superannuation Act 1972 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council are omitted. The House of Commons Disqualification Act 1975 (c. 24)74 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council are omitted. The Sex Discrimination Act 1975 (c. 65)75 The Sex Discrimination Act 1975 is amended as follows. 76 (1) The Table in section 22 (discrimination by bodies in charge of educational establishments) is amended as follows. (2) After paragraph 3A there is inserted-- " 3B Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992). Governing body. " (3) For paragraph 4A there is substituted-- " 4A Institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992). Governing body. " (4) In paragraph 5 for "to 4" there is substituted "to 4A". 77 After that section there is inserted-- " 22A Meaning of pupil in section 22For the purposes of section 22, "pupil" includes, in England and Wales, any person who receives education at a school or institution to which that section applies. " 78 After section 23 (other discrimination by local education authorities) there is inserted-- " 23A Discrimination by Further Education and Higher Education Funding CouncilsIt is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes sex discrimination. " 79 (1) In section 25(6) (general duty in public sector of education)-- (a) in paragraph (c)(i), for "4A" there is substituted "3B", and (b) after paragraph (c) there is added--
(2) In relation to a further education corporation or a Further Education Funding Council the reference in section 25(2) to section 99 of the [1944 c. 31.] Education Act 1944 is to be read as a reference to section 57(3) of the Further and Higher Education Act 1992. 80 After section 26(3) (exception for single-sex establishments) there is added-- " (4) In this section, as it applies to an establishment in England and Wales, "pupil" includes any person who receives education at that establishment. " 81 After section 27(5) (exception for single-sex establishments turning co-educational) there is added-- " (6) In this section, as it applies to an establishment in England and Wales, "pupil" includes any person who receives education at that establishment. " 82 In section 82(1) (general interpretation provisions) in the definition of "further education", for "section 41(2)(a) of the Education Act 1944" there is substituted "section 41(3) of the Education Act 1944 as read with section 14 of the Further and Higher Education Act 1992". 83 For paragraph 4 of Schedule 2 (transitional exemption orders for educational admissions) there is substituted-- " 4 Regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 may provide for the submission to the Secretary of State of an application for the making by him of a transitional exemption order in relation to any school or institution to which that section, or any part of that section, applies and which does not fall within paragraph 3 above, and for the making by him of the order. " The Race Relations Act 1976 (c. 74)84 The Race Relations Act 1976 is amended as follows. 85 (1) The Table in section 17 (discrimination by bodies in charge of educational establishments) is amended as follows. (2) After paragraph 3A there is inserted-- " 3B Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992). Governing body. " (3) For paragraph 4A there is substituted-- " 4A Institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992). Governing body. " (4) In paragraph 5 for "to 4" there is substituted "to 4A". 86 After that section there is inserted-- " 17A Meaning of pupil in section 17For the purposes of section 17, "pupil" includes, in England and Wales, any person who receives education at a school or institution to which that section applies. " 87 After section 18 (other discrimination by local education authorities) there is inserted-- " 18A Discrimination by Further Education and Higher Education Funding CouncilsIt is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes racial discrimination. " 88 (1) In section 19(6) (general duty in public sector of education)-- (a) in paragraph (c)(i), for "4A" there is substituted "3B", and (b) after paragraph (c) there is added--
(2) In relation to a further education corporation or a Further Education Funding Council the reference in section 19(2) to section 99 of the [1944 c. 31.] Education Act 1944 is to be read as a reference to section 57(3) of the Further and Higher Education Act 1992. The Employment Protection (Consolidation) Act 1978 (c. 44)89 In section 29(1) of the Employment Protection (Consolidation) Act 1978 (persons holding certain offices to be allowed time off for public duties), in paragraph (ef) after "governing body of a" there is inserted "further education corporation or". The Public Passenger Vehicles Act 1981 (c. 14)90 In section 46(3) of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses) in the definition of "free school transport" for "pupils" there is substituted "persons". The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)91 (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows. (2) for subsections (3) and (4) there is substituted-- " (3) In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a "disabled student". (3A) The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state-- (a) his name and address; and (b) whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received; and shall be given not earlier than twelve months, nor later than eight months, before that date. (3B) Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is-- (a) full-time education at a school; or (b) full-time further or higher education at an institution other than a school; it appears to the responsible authority that the student will cease to receive relevant full-time education on a date ("the leaving date") on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer. (3C) That notification shall state-- (a) his name and address; and (b) the leaving date; and shall be given not earlier than twelve months, nor later than eight months, before the leaving date. (4) If at any time it appears to the responsible authority-- (a) that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and (b) that no notification has been given under subsection (3B), but (c) that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him, that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education. " (3) In subsection (5)-- (a) for "any person under subsection (3)" there is substituted "a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B)", and (b) for "notification under subsection (3)" there is substituted "notification under subsection (3A) or (3B)". (4) In subsection (6)-- (a) for "(3)" in both places there is substituted "(3A) that he does not intend to remain in full-time education or under subsection (3B)", and (b) for the words from "a local education authority" to "establishment of further or higher education" there is substituted "the responsible authority that the person will be receiving relevant full-time education". (5) In subsection (9) (interpretation)-- (a) in the definition of "child" after "school or" there is inserted "as a student at", (b) in the definition of "the responsible authority" for paragraph (b) there is substituted-- " (b) in relation to a person receiving full-time further education or higher education at an institution within the further education sector or the higher education sector, means the governing body of the institution; and (c) in relation to a person for whom a further education funding council has secured full-time further education at an institution (other than a school) outside the further education sector or the higher education sector, the council " , (c) after "the Education Act 1944" there is inserted "or the Further and Higher Education Act 1992", and Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 -- Back --
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