further and higher education act 1992 summary

The Education Reform Act /988 (c. 40) (2) The terms and conditions subject to which grants are made by the Secretary of State to either of the councils -. as the council may from time to time require. Schedule 6 - New Schedule 7A to the Education Reform Act 1988 [page 16] (j) a course to teach independent living and communication skills to persons having learning difficulties which prepares them for entry to another course falling within paragraphs (d) to (h) above, [page 60] (6) Section 80 extends also to Scotland and Northern Ireland. (8) In subsection (7) above, "the appropriate transferee" means - (b) after "any institution" there is inserted "within the further education sector or". (b) as if the contract required any remuneration determined in accordance with the scales and other provisions set out or referred to in the relevant pay and conditions order to be paid to him by the governing body of the institution. (b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age. 1975 c. 24.The House of Commons Disqualification Act 1975.In Part III of Schedule 1 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council. The Education Reform Act 1988 (c. 40), 62. (1) The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members. 20 Constitution of corporation and conduct of the institution (b) the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in the first three entries in column 1 of the table in paragraph 2 below. (a) paragraph (a) is omitted, 9. 52.In section 221 (avoidance of certain contractual terms) subsection (1)(c) 53. As such, the fluency of language and grammar is impeccable. Any member of the Higher Education Funding Council for Wales in receipt of remuneration." [page 67] (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, (a) for the dissolution of the Council for National Academic Awards, and ""Pupil" has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992". was or was not transferred by virtue of this Act to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact. "9. Higher Education Funding Council for Wales." and it relates to, or to the activities of, any institution mentioned in subsection (7) below. Dissolution of Council for National Academic Awards. (1) As from the date on which a further education corporation is established, the instrument of government and articles of government - 4. Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted. 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 -. Proof of title by certificate 7 (1) The council may appoint such employees as they think fit. You could not be signed in, please check and try again. 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. [page 54] (3) Subject to subsection (4) below and section 14(1) to (4) of the Further and Higher Education Act 1992, in this Act "further education" means - [page 84] Interpretation (8) Any judgment or order given by a court in proceedings determined on that footing shall bind both the transferor and the transferee accordingly. 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". [page 5] 67 Payments in respect of persons employed in provision of higher or further education (2) Where any land or other property or rights -. [page 46] REPEALS "(4) A corporation may change their name with the consent of the Privy Council. (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; [page 88] (3) The governing body of a further education institution shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend. (b) a member of the Chartered Institute of public Finance and Accountancy; or (b) in subsection (3) "or 227" is omitted, and Government and conduct of designated institutions. a participant in a scheme under section I of that Act and is also a member of the council, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 5 above). stipulations and conditions of any lease by or to the transferor. (b) paragraph (c) is omitted. Section 87 (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). immunity or privilege of the Crown; and the property of the council shall not be regarded as property of, or property held on behalf of, the Crown. including in particular rules or bye-laws about the conduct of students. (g) a course to teach the basic principles of mathematics, [page 80] (3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule - 6. In section 235 (general interpretation) subsection (2)(a) and (h) are omitted. (a) for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority, (2) The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed. It 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." 91 (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows. (b) the London Residuary Body; [page 81] (b) it is in his best interests to do so. (b) an instrument in accordance with which the institution is to be conducted (to be known as the articles of government), (1) It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education. (i) for persons of the same age with learning difficulties (within the meaning of section 41(9) of this Act) at schools maintained by a local education authority. (a) in subsection (2)(b) for "disabled students" there is substituted "students having learning difficulties within the meaning of section 41(9) of the Education Act 1944 (c. 31)", and In section 24(1)(b) (extension of certain provisions) - (c) in subsection (4)(b) "227" is omitted. Property, rights and liabilities: general (a) the provision of facilities for higher education, or (c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates. (1) It shall be the duty of each council to secure the provision for the population of their area of sufficient facilities for education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years. (2)". (a) full-time education at a school; or 92 Index "Further Education Funding Council for England. (b) relating to any land or other property held by any person for the purposes of such an institution. 19 Supplementary powers of a further education corporation (1) Where personal data are transferred under any provision of this Act to a body corporate established under this Act, section 5(1) of the Data Protection Act 1984 (c. 35) (prohibition of unregistered holding, etc, of personal data) shall not apply in relation to the holding by that body corporate of the data so transferred or any data of the same description as the data so transferred until the end of the period of six months beginning - (b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee. "(1A) The reference in subsection (1) above to a change in the character of a school does not include a change in character resulting only from persons beginning or ceasing to be provided with - In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council. (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. to the governing body of the institution or, if it is conducted by a company, to the company; or 2) Act 1986 (c. 61) [page 78] "(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". (a) all land or other property which, immediately before that date, was property of a former assisting authority used or held for the purposes of the institution, and (2) Where - (2) After paragraph 3A there is inserted - 43. (2) Such property, rights and liabilities may be transferred to -. (3) Any property, right or liability held or used, or subsisting, as mentioned in sub-paragraph (1) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority according to - (1) It shall be the duty of each corporation - Membership "(ba) the governing body of an institution within the further education sector", and Regulations under section 218 of the Education Reform Act 1988 (c. 40) 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." 76 (1) The Table in section 22 (discrimination by bodies in charge of educational establishments) is amended as follows. Provision of further education in maintained schools. 89. "(aa) for persons who have not attained the age of nineteen years and who are receiving education at an institution within the further education sector". (1) In this section "institution of voluntary origin" means a further education institution which, when it became a further education institution, was a voluntary school or a grant-maintained school which was a voluntary school before it became grant-maintained. "and (a) it may not be done by the transferee, and Reorganisations of schools involving establishment of further education corporation. by every local education authority of such information as may be required by the regulations with respect to the authority's policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) above who are over compulsory school age and who have not attained the age of nineteen years." (2) If the Secretary of State has approved the agreement at any time before the date of transfer, Part I of this Act or, as the case may be, Part II of the Education Reform Act 1988 shall have effect as if they required the property to be transferred in accordance with the agreement. "(2A) The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires. 59 Reorganisations, affecting provision for further education, of schools [page 65] "(ca) any institution within the further education sector". (2) In this section "relevant employees" means persons who are employed at institutions which are relevant institutions by virtue of section 39(2)(a) or (b) of this Act. "(aa) for persons who have not attained the age of nineteen years and who are receiving education at an institution within the further education sector". (b) the financial year specified in the direction and subsequent financial years shall be each successive period of twelve months. (b) fall to be transferred under any transfer to which this section applies. (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. 44 Collective worship (2) Where a wrongful disposal consists in entering into a contract to dispose of any land or to grant or dispose of any interest in land, the Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before the conveyance or grant of the land or interest in land to which it relates is completed or executed. Sections 3 and 6 (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. (i) in following that course, he engages in periods of full-time study for the purposes of the course alternating with periods of full-time work experience which form part of that course, and (iii) paragraph (c) is omitted, and 59. (2) An institution falls within this subsection if on 1st November 1990 its enrolment number calculated in accordance with paragraph 1(1) of Schedule 3 to this Act was not less than 15 per cent. (b) shall not be members of the council. (10) If either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by the Secretary of State. 18 Principal powers of a further education corporation (c) after subsection (7) there is inserted - 2. (ii) his written work for the purposes of the course is subject to a marking and comment service provided for students following the course by private study (whether or not any additional advisory or teaching services are also provided for such students as part of the course). CALCULATION OF ENROLMENT NUMBERS The minimum requirement to be an academic writer with our assignment help service is to have a college bachelors degree. 55 Inspection etc of local education authority institutions, other than schools, and advice to Secretary of State (a) in subsection (2) for "Polytechnics and Colleges Funding Council" there is substituted "Higher Education Funding Council for England", and and any transport provided in pursuance of such arrangements shall be provided free of charge." 47. (2) Any two or more councils shall, if directed to do so by the Secretary of State. 2) Act 1986 (freedom of speech in universities, etc) - (b) reflect the religious traditions and practices of the institution before it became a further education institution. References in this Schedule, in relation to a corporation, to a variable category of members are references to any category of members in relation to which the number applicable in accordance with paragraph 3 above is subject to variation." (b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine. (b) relating to any land or other property held by any person for the purposes of any such institution. 89 Orders, regulations and directions 9. Section 93 83 Efficiency studies [page 18] (1) It shall be the duty of each corporation -. 4. [page 71] (3) In making such a determination, the corporation shall secure that at least half of all the members of the corporation. (b) in the case of an institution falling within paragraph (c) above, 21st March 1995 if earlier. (4) In subsection (2A) - (1) Chapter III of Part II of the Education Reform Act 1988 (finance and government of locally funded further and higher education) shall cease to have effect; and section 156 of that Act (government and conduct of certain further and higher education institutions) shall cease to have effect in relation to designated assisted institutions, ChapterShort titleExtent of repeal (4) In subsection (6) - 27. (2) For each such institution there shall be - (5) In subsection (4) above "charity" and "charitable purposes" have the same meanings as in the Charities Act 1960 (c. 58). [page 97] (b) a significant change is made in the character of the school or the premises of the school are significantly enlarged, (3) In an institution of voluntary origin such act of collective worship shall -. (c) at any institution within the further education sector, or 30 Special provision for voluntary aided sixth form colleges In this way it ensured a progression route for students wishing to use their GNVQs to gain entry to university. (a) in subsection (1) for "the PCFC funding sector" there is substituted "the higher education sector other than a university", and 9. subject to subsection (5) below. Higher Education Funding Council for Wales." 2) Order 1992 (S.I. or. (4) Where - (1) Subject to subsection (2) below, for the purposes of the Education Acts education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, is further education not secondary education. 9. 15. (i) he is in employment, and (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not. [page 79] (a) the rights or liabilities of any person other than the transferor or the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the net expenditure of the institution for that year. (2) Those requirements are that in the opinion of the Secretary of State -, (ii) is being used for that purpose but the local education authority intend its use for that purpose to be discontinued, and. The Sex Discrimination Act 1975 (c. 65) (c) the rate at which interest may be paid on any outstanding amounts, (1) Subject to subsection (11) below, this section applies to any disposal during the controlled period -. (i) shall be the corporation if the appointment is made not less than three months before the expiry of that term; or (2) On the operative date - "(4) In this section, as it applies to an establishment in England and Wales, "pupil" includes any person who receives education at that establishment." The Veterinary Surgeons Act 1966 (c. 36) "(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 7 (1) Without prejudice to the generality of paragraphs 2 to 4 of Schedule 7 to this Act, any transaction effected between a transferor and a transferee in pursuance of paragraph 2(1) or of a direction under paragraph 3 above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the transferor and the transferee. [page 103] (4) Subject to the following provisions of this section, this Act extends to England and Wales only. Meaning of further education, secondary education, school and pupil. (b) any designated institution, (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. 42. "(3A) The allocation formula under a scheme shall not include provision for taking into account persons provided with - "(13) In this section "the purposes of the school" do not include purposes wholly referable to the provision of - (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, (a) shall be persons falling within subsection (3) below, and Enrolment numbers 24. 4. (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 (2) The council shall pay to their employees such remuneration and allowances as the council may determine. The Public Passenger Vehicles Act 1981 (c. 14) 69 (1) A further education corporation shall be an exempt charity for the purposes of the Charities Act 1960. (4) A higher education corporation established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation." If the Secretary of State is satisfied that a member of the council - Higher Education Funding Council for Wales." (i) in sub-paragraph (2)(b) for "the Polytechnics and Colleges Funding Council" there is substituted "the higher education funding council", and Consultation and Representation) Act 1986 (c. 33) "(1) The Secretary of State may by order designate as an institution eligible to receive support from funds administered by a higher education funding council - are to the designation date. (b) subsection (2)(b) is omitted. (4) In this paragraph "financial year" means the period beginning with the date on which the council is established and ending with the second 31st March following that date, and each successive period of twelve months. (b) to prepare in respect of each financial year of the council a statement of accounts, and and (1) Each council - 3 (1) A person shall hold and vacate office as a member or as chairman or chief officer of the council in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. (a) any rent payable under a lease in respect of that estate or interest, and (3) The number for any mode of attendance at a course is that arrived at by multiplying by the appropriate multiplier the number of students enrolled at the institution at the time in question to follow the course by that mode of attendance. (5) In subsection (9) (interpretation) - (a) to keep proper accounts and proper records in relation to the accounts; and In section 98(2) of the Environmental Protection Act 1990 (definitions) - institution in England or in Wales (in relation to higher education funding councils)section 62(7) (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". "contract of employment", "employee" and "employer" have the same meaning as in the Employment Protection (Consolidation) Act 1978 (c. 44), and "employed" means employed under a contract of employment, "(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales." (4) On an appeal under this paragraph the Secretary of State may - The client can ask the writer for drafts of the paper. 76 Power to award degrees, etc and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession. (b) where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power, "18A Discrimination by Further Education and Higher Education Funding Councils You can order your finance paper from our academic writing service and get 100% original work from competent finance experts. (b) in subsection (7)(b) for "pupils attending" there is substituted "persons receiving education at". Proof of title by certificate (6) In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by schools maintained by local education authorities, grant-maintained schools, special schools not maintained by local education authorities, city technology colleges or city colleges for the technology of the arts. 7. (ii) an institution within the further education sector which is not conducted by a further education corporation; or (6) The council shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act. (4) In sub-paragraph (3) above "the appropriate multiplier" means, in relation to a mode of attendance, the figure given in relation to that mode of attendance in column 2 of the table.

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