OpenLegislation

Education Act 1994 in Scotland

1994 c. 30 · Enacted 21 July 1994 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 August 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 21(1)(a)words substitutedTertiary Education and Research (Wales) Act 2022 Sch. 4 para. 7(4)(a)(i)
s. 21(1)(b)words substitutedTertiary Education and Research (Wales) Act 2022 Sch. 4 para. 7(4)(a)(ii)

An Act to make provision about teacher training and related matters; to make provision with respect to the conduct of students’ unions; and for connected purposes.

[21st July 1994] E1

C1C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4C5C6

Annotations to the whole text

Modifications

C1

Act extended (16.7.1998) by 1998 c. 30, s. 26(11) (with s. 42(8)).

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

C2

Act (except ss. 2, 3(2), 17 and Sch. 1 and functions relating to the Teacher Training Agency other than so far as functions are conferred by s. 1(3)): certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch.1

C3

Act excluded (1.7.2004 for E., 31.3.2011 for W.) by Higher Education Act 2004 (c. 8), ss. 29(3), 52(1); S.I. 2011/297, art. 4(a)

C4

Act applied (E.W.) (1.4.2005) by The Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2

C5

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

C6

Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

Extent

E1

For extent see s.25

Contents

  1. The Teacher Training Agency
  2. 2Membership, &c. of the agency. Repealed
  3. Funding
  4. 3The funding agencies. Repealed
  5. 5Grants, loans and other payments. Repealed
  6. 6Provisions supplementary to s. 5. Repealed
  7. 8Directions by the Secretary of State. Repealed
  8. 10Efficiency studies. Repealed
  9. 11Research. Repealed
  10. General duty of Secretary of State
  11. 13Grants for teacher training. Repealed
  12. 15Duty to provide information, &c. Repealed
  13. 16Additional, supplementary and ancillary functions. Repealed
  14. 17The Teaching as a Career Unit: transfer of property and staff. Repealed
  15. Part II: Students’ Unions
  16. 20Meaning of “students’ union”.
  17. 21Establishments to which Part II applies.
  18. 22Requirements to be observed in relation to students’ unions.
  19. Part III: General provisions
  20. 23Orders and directions.
  21. 24Consequential amendments.
  22. 25Extent.
  23. 26Commencement.
  24. 27Short title and citation.
  25. Supplementary powers Repealed
  26. 1Paragraph 1 Repealed
  27. Chief officer Repealed
  28. 2Paragraph 2 Repealed
  29. Tenure of members of the agency Repealed
  30. 3Paragraph 3 Repealed
  31. 4Paragraph 4 Repealed
  32. Salaries, allowances and pensions Repealed
  33. 5Paragraph 5 Repealed
  34. Staff Repealed
  35. 6Paragraph 6 Repealed
  36. 7Paragraph 7 Repealed
  37. Committees Repealed
  38. 8Paragraph 8 Repealed
  39. Delegation of functions Repealed
  40. 9Paragraph 9 Repealed
  41. Proceedings Repealed
  42. 10Paragraph 10 Repealed
  43. 11Paragraph 11 Repealed
  44. 12Paragraph 12 Repealed
  45. 13Paragraph 13 Repealed
  46. Application of seal and proof of instruments Repealed
  47. 14Paragraph 14 Repealed
  48. 15Paragraph 15 Repealed
  49. Accounts Repealed
  50. 16Paragraph 16 Repealed
  51. Annual reports Repealed
  52. 17Paragraph 17 Repealed
  53. Status of agency Repealed
  54. 18Paragraph 18 Repealed
  55. Schedule 2: Consequential amendments
  56. Public Records Act 1958 (c.51)
  57. 1Paragraph 1 Repealed
  58. 2Paragraph 2
  59. Superannuation Act 1972 (c.11)
  60. 3Paragraph 3 Repealed
  61. House of Commons Disqualification Act 1975 (c.24)
  62. 4Paragraph 4 Repealed
  63. Sex Discrimination Act 1975 (c.65)
  64. 5Paragraph 5
  65. Race Relations Act 1976 (c.74)
  66. 6Paragraph 6
  67. Education (Fees and Awards) Act 1983 (c.40)
  68. 7Paragraph 7
  69. Education (Student Loans) Act 1990 (c.6)
  70. 9Paragraph 9

2Membership, &c. of the agency.F1

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3The funding agencies.F1

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5Grants, loans and other payments.F1

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6Provisions supplementary to s. 5.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Directions by the Secretary of State.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Efficiency studies.F1

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11Research.F1

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13Grants for teacher training.F1

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15Duty to provide information, &c.F1

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16Additional, supplementary and ancillary functions.F1

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17The Teaching as a Career Unit: transfer of property and staff.F1

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20Meaning of “students’ union”.C1

(1)

In this Part a “students’ union” means—

(a)

an association of the generality of students at an establishment to which this Part applies whose principal purposes include promoting the general interests of its members as students; or

(b)

a representative body (whether an association or not) whose principal purposes include representing the generality of students at an establishment to which this Part applies in academic, disciplinary or other matters relating to the government of the establishment.

(2)

References in this Part to a students’ union include an association or body which would fall within subsection (1) if for the references to the generality of students at the establishment there were substituted a reference to—

(a)

the generality of undergraduate students, or graduate students, at the establishment; or

(b)

the generality of students at a particular hall of residence of the establishment.

(3)

References in this Part to a students’ union include an association or body which consists wholly or mainly of—

(a)

constituent or affiliated associations or bodies which are themselves students’ unions within subsection (1) or (2), or

(b)

representatives of such constituent or affiliated associations,

and which fulfils the functions of a students’ union within subsection (1) or (2) in relation to students at an establishment to which this Part applies.

(4)

An association or body may be a students’ union within the meaning of this Part in relation to more than one establishment but not in relation to establishments generally in the United Kingdom or a part of the United Kingdom.

(5)

References in this section to an association of the generality of students, or of any description of students, include—

(a)

any association which the generality of students, or of students of that description, may join, whether or not it has in membership a majority of them, and

(b)

any association which would fall within paragraph (a) if the references there to students were confined to full-time students;

and references to a representative body whose principal purposes include representing the generality of students, or of any description of students, shall be similarly construed.

21Establishments to which Part II applies. E+W+S

(1)

The establishments in England and Wales to which this Part applies are—

F1(za)

any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;

(a)

any university receiving financial support under section 65 of the M1Further and Higher Education Act 1992;

(b)

any institution F2in Wales conducted by a higher education corporation or further education corporation within the meaning of that Act;

F3(ba)

any sixth form college;

(c)

any institution designated under section 129 of the M2Education Reform Act 1988 F4...;

(d)

any institution designated under section 28 of the M3Further and Higher Education Act 1992 as eligible to receive support from funds administered by a further education funding council;

F5(da)

any institution in Wales designated under section 28 of the Further and Higher Education Act 1992;

(e)

any institution substantially dependent on financial support under section 6(5) of that Act (certain institutions providing facilities for part-time, or adult, further education);

(f)

any institution designated, or of a description designated, by order of the Secretary of State;

(g)

any college, school or hall in an establishment within any of the above paragraphs.

(2)

The establishments in Scotland to which this Part applies are—

(a)

any institution within the higher education sector for the purposes of section 56(2) of the M4Further and Higher Education (Scotland) Act 1992;

(b)

any college of further education (within the meaning of section 36(1) of that Act), the board of management of which F6is established in pursuance of Part 1 of that Act;

(c)

any central institution within the meaning of section 135(1) of the M5Education (Scotland) Act 1980;

(d)

any institution designated, or of a description designated, by order of the Secretary of State.

F7(2A)

For the purposes of subsection (1)(b), institution in Wales F8means an institution whose activities are wholly or mainly carried out in Wales.

(3)

For the purposes of subsection (1)(e) an institution is substantially dependent on financial support under section 6(5) of the M6Further and Higher Education Act 1992 in any year in which such support amounts to 25 per cent. or more of its income.

For this purpose “year” means an accounting year of the institution, and “income” means receipts of any description, including capital receipts.

(4)

In subsection (1)(g) “college” includes any institution in the nature of a college.

(5)

References in this Part to the governing body of an establishment are to the executive governing body which has responsibility for the conduct of affairs of the establishment and the management and administration of its revenue and property.

22Requirements to be observed in relation to students’ unions.I1C1

(1)

The governing body of every establishment to which this Part applies shall take such steps as are reasonably practicable to secure that any students’ union for students at the establishment operates in a fair and democratic manner and is accountable for its finances.

(2)

The governing body shall in particular take such steps as are reasonably practicable to secure that the following requirements are observed by or in relation to any students’ union for students at the establishment—

(a)

the union should have a written constitution;

(b)

the provisions of the constitution should be subject to the approval of the governing body and to review by that body at intervals of not more than five years;

(c)

a student should have the right—

(i)

not to be a member of the union, or

(ii)

in the case of a representative body which is not an association, to signify that he does not wish to be represented by it,

and students who exercise that right should not be unfairly disadvantaged, with regard to the provision of services or otherwise, by reason of their having done so;

(d)

appointment to major union offices should be by election in a secret ballot in which all members are entitled to vote;

(e)

the governing body should satisfy themselves that the elections are fairly and properly conducted;

(f)

a person should not hold sabbatical union office, or paid elected union office, for more than two years in total at the establishment;

(g)

the financial affairs of the union should be properly conducted and appropriate arrangements should exist for the approval of the union’s budget, and the monitoring of its expenditure, by the governing body;

(h)

financial reports of the union should be published annually or more frequently, and should be made available to the governing body and to all students, and each such report should contain, in particular—

(i)

a list of the external organisations to which the union has made donations in the period to which the report relates, and

(ii)

details of those donations;

(i)

the procedure for allocating resources to groups or clubs should be fair and should be set down in writing and freely accessible to all students;

(j)

if the union decides to affiliate to an external organisation, it should publish notice of its decision stating—

(i)

the name of the organisation, and

(ii)

details of any subscription or similar fee paid or proposed to be paid, and of any donation made or proposed to be made, to the organisation,

and any such notice should be made available to the governing body and to all students;

(k)

where the union is affiliated to any external organisations, a report should be published annually or more frequently containing—

(i)

a list of the external organisations to which the union is currently affiliated, and

(ii)

details of subscriptions or similar fees paid, or donations made, to such organisations in the past year (or since the last report),

and such reports should be made available to the governing body and to all students;

(l)

there should be procedures for the review of affiliations to external organisations under which—

(i)

the current list of affiliations is submitted for approval by members annually or more frequently, and

(ii)

at such intervals of not more than a year as the governing body may determine, a requisition may be made by such proportion of members (not exceeding 5 per cent.) as the governing body may determine, that the question of continued affiliation to any particular organisation be decided upon by a secret ballot in which all members are entitled to vote;

(m)

there should be a complaints procedure available to all students or groups of students who—

(i)

are dissatisfied in their dealings with the union, or

(ii)

claim to be unfairly disadvantaged by reason of their having exercised the right referred to in paragraph (c)(i) or (ii) above,

which should include provision for an independent person appointed by the governing body to investigate and report on complaints;

(n)

complaints should be dealt with promptly and fairly and where a complaint is upheld there should be an effective remedy.

(3)

The governing body of every establishment to which this Part applies shall for the purposes of this section prepare and issue, and when necessary revise, a code of practice as to the manner in which the requirements set out above are to be carried into effect in relation to any students’ union for students at the establishment, setting out in relation to each of the requirements details of the arrangements made to secure its observance.

(4)

The governing body of every establishment to which this Part applies shall as regards any students’ union for students at the establishment bring to the attention of all students, at least once a year—

(a)

the code of practice currently in force under subsection (3),

(b)

any restrictions imposed on the activities of the union by the law relating to charities, and

(c)

where the establishment is one to which section 43 of the M1Education (No.2) Act 1986 applies (freedom of speech in universities and colleges), the provisions of that section, and of any code of practice issued under it, relevant to the activities or conduct of the union.

(5)

The governing body of every establishment to which this Part applies shall bring to the attention of all students, at least once a year, and shall include in any information which is generally made available to persons considering whether to become students at the establishment—

(a)

information as to the right referred to in subsection (2)(c)(i) and (ii), and

(b)

details of any arrangements it has made for services of a kind which a students’ union at the establishment provides for its members to be provided for students who are not members of the union.

(6)

In subsections (2), (4) and (5) the expression “all students” shall be construed as follows—

(a)

in relation to an association or body which is a students’ union by virtue of section 20(1), the reference is to all students at the establishment;

(b)

in relation to an association or body which is a students’ union by virtue of section 20(2), the reference is to all undergraduate, or all graduate, students at the establishment or to all students at the hall of residence in question, as the case may be;

(c)

in relation to an association or body which is a students’ union by virtue of section 20(3), the reference is to all the students who by virtue of section 20(1) or (2) are comprehended by that expression in relation to its constituent or affiliated associations or bodies.

(7)

In this section the expression “members”, in relation to a representative body which is not an association, means those whom it is the purpose of the union to represent, excluding any student who has exercised the right referred to in subsection (2)(c)(ii).

(8)

In subsection (2)(j) to (l) the references to affiliation to an external organisation, in relation to a students’ union for students at an establishment, include any form of membership of, or formal association with, an organisation whose purposes are not confined to purposes connected with that establishment.

(9)

Subsection (2)(d) and (l)(ii) (elections and affiliations: requirements to hold secret ballot of all members) do not apply in the case of an open or distance learning establishment, that is, an establishment where the students, or the great majority of them, are provided with materials for private study and are not required to attend the establishment to any significant extent or at all.

23Orders and directions. E+W+S

(1)

Any power of the Secretary of State to make orders under F1... II shall be exercised by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

Orders under ... II may make different provision for different cases, circumstances or areas and may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks fit.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Consequential amendments.

The enactments specified in Schedule 2 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

25Extent.

(1)

The following provisions of this Act extend to England and Wales—

  • Part I (teacher training),

  • Part II (students’ unions),

  • the provisions of Schedule 2 (consequential amendments) so far as relating to enactments which extend to England and Wales,

  • the other provisions of this Part so far as relating to the above provisions.

(2)

The following provisions of this Act extend to Scotland—

  • Part II (students’ unions),

  • the provisions of Schedule 2 (consequential amendments) so far as relating to enactments which extend to Scotland,

  • the other provisions of this Part so far as relating to the above provisions.

(3)

The following provisions of this Act extend to Northern Ireland—

  • the provisions of Schedule 2 (consequential amendments) so far as relating to enactments which extend to Northern Ireland,

  • the other provisions of this Part so far as relating to the above provisions.

26Commencement.P1

The provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions and for different purposes.

27Short title and citation.

(1)

This Act may be cited as the Education Act 1994.

F1(2)

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2

In section 4 of the Education Act 1962 (awards &c .by local education authorities and Secretary of State: supplementary provisions), after subsection (1) insert—

“(1A)

In those sections any reference to an institution other than a university or college includes a reference to an institution providing a course which qualifies for funding under Part I of the Education Act 1994.”.

3F1

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5 E+W+S

(1)

The Sex Discrimination Act 1975 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

After section 23C (discrimination by Funding Agency for Schools or Schools Funding Council for Wales) insert—

“ Discrimination by Teacher Training Agency.

23D

It is unlawful for the Teacher Training Agency in carrying out their functions under Part I of the Education Act 1994 to do any act which constitutes sex discrimination.”.

(4)

In section 25 (general duty in public sector of education)—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

after subsection (6)(e) insert—

“(f)

the Teacher Training Agency.”.

6 E+W+S

(1)

The Race Relations Act 1976 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

After section 18C (discrimination by Funding Agency for Schools or Schools Funding Council for Wales) insert—

“ Discrimination by Teacher Training Agency.

18D

It is unlawful for the Teacher Training Agency in carrying out their functions under Part I of the Education Act 1994 to do any act which constitutes racial discrimination.”.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 1 of the Education (Fees and Awards) Act 1983 (regulations as to fees payable by foreign students), in subsection (3) (institutions to which the section applies) after paragraph (d) insert—

“(e)

any institution eligible for funding under Part I of the Education Act 1994 (teacher training).”.

9

In section 1 of the Education (Student Loans) Act 1990 (loans for students of certain institutions), in subsection (3)(a) (meaning of “institutions receiving support from public funds”), after “institutions receiving grants under section 65 of the Further and Higher Education Act 1992” insert “ or under section 5 of the Education Act 1994 ”.