Regulation 3 Disapplication of requirement to establish a college council

(1)

Section 54(1) of the Act shall not apply to any college of further education if–

(a)

the college, at the date by which a college council would require to be established under section 54(1), will be administered as part of a school; or

(b)

it appears to the education authority that the average student load of the college, calculated in accordance with paragraph (2), is less than 100.

(2)

The average student load shall be calculated, for the purposes of paragraph (1)–

(a)

in the case of a college which, at the date by which a college council would require to be established under section 54(1), will have existed for at least 3 complete academic years since its establishment or amalgamation, by calculating the student load for each of the last 3 complete academic years and taking the average of those student loads;

(b)

in the case of a college which, at that date, will have existed for less than 3 complete academic years since its establishment or amalgamation, by calculating the student load for each complete academic year since its establishment or amalgamation, estimating the expected student load for the academic year beginning on 1st August 1990, and taking the average of those student loads.

(3)

Section 54(2) of the Act shall not apply to any college of further education if–

(a)

the education authority propose that on being established or amalgamated the college will be administered as part of a school; or

(b)

it appears to the education authority that the student load for the first whole academic year in which the college will be fully in operation is likely to be less than 100.

(4)

For the purpose of paragraphs (2) and (3), the student load for an academic year shall be calculated by adding together the number of hours of attendance in the academic year by all students (including where open and flexible learning arrangements apply to any student the number of hours of attendance at college which otherwise would have been required for the student to complete a course) and dividing the total by 800.