Regulation 13 Conditions of delegation
Conditions subject to which functions are delegated by a delegation scheme shall include conditions to the following effect:—
the college council shall before the beginning of each financial year, submit to the education authority a college development plan, which shall contain a statement of—
the number of students expected to be in attendance at the college;
the courses of further education which they propose to provide, in respect of the range of subjects which the education authority have determined is to be provided at the college, and any qualifications to which those courses would lead;
any other activities which they propose should be undertaken in respect of the college; and
the estimated expenditure and income in respect of the college,
for the period of each of at least 3 consecutive academic years, the first of which shall commence in that financial year;
the college council shall, when preparing each college development plan, have regard to any policy of the education authority in respect of the provision of further education in the area of the authority and to any guidance issued by the Secretary of State in respect of the provision of further education and the qualifications to which courses of further education should lead;
each college development plan shall require to be approved by the education auth ority and for the purposes of such approval may be modified by the education authority, and once so approved shall in respect of each academic year to which it applies supersede any previous such plan applying to that year;
the college council shall, in the exercise of their functions, have regard to the current college development plan approved by the education authority;
the function of the supply of goods and services through the college may be exercised by the education authority to such extent as the college council and the education authority may at any time agree;
where the college council exercise the function of selecting a person to hold the post of principal of the college they shall first submit to the education authority a short leet of the names of candidates for that post, which the education authority may approve, with or without modification, or reject in whole, save that no such mod ification shall reduce the short leet to less than three names, or, where the short leet contained less than three names, to less than that number of names;
such functions as the college council exercise in respect of the staff of the college which could result in the education authority making such staff redundant, or otherwise dismissing them, or agreeing to their early retirement, shall be exercised in accordance with any policy of the education authority on redundancies, dismissals and early retirement;
where the college council exercise the function of the discipline, including the suspen sion, of the staff of the college, they shall—
have regard to any guidance issued by the education authority on disciplinary procedure;
ensure that each member of staff has a right of appeal to the college council in respect of any disciplinary decision, or any decision relating to a grievance, taken in respect of him by the principal of the college; and
in the case of the principal of the college, exercise that function only to the extent of issuing, an oral warning or reprimand;
where the college council exercise the function of the personnel management of the staff of the college, they shall do so in accordance with any guidance issued by the education authority in respect of that function;
where the college council exercise the function of the use, management and mainten ance of the premises of the college they shall, save to the extent that works are required to effect any structural alteration or structural repair, ensure that such premises are kept in a state of repair satisfactory to the education authority; and
the college council shall, in respect of each academic year, and as soon as practicable after the conclusion of that year, submit to the education authority a report on the exercise of their functions in respect of the college and shall make that report available to the public.
No condition subject to which functions are delegated by a delegation scheme shall have the effect of—
requiring any course of further education provided by the college council, or the selection of any qualifications to which those courses would lead, to be approved by the education authority;
permitting the education authority to exercise any such function by reason solely of their modification of or refusal to approve a proposal in a college development plan in respect of the exercise of that function by the college council;
requiring the college council to use the services of a local authority; or
restricting the college council from spending, as they see fit for the purposes of the college, such money as the education authority make available to them in accordance with section 57 of the Act; save that such a condition may require the college council, in respect of any part of a sum determined by the education authority under that section which the authority have identified as being required for the purposes of capital expenditure, to spend that part of the sum solely for those purposes.