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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules set out the detailed procedures for the conduct of education administration, as provided by Chapter 4 of Part 2 of the Technical and Further Education 2017 (“the Act”). Education administration is a special administration regime which applies to further education bodies.

The main features of education administration are:

(a)

the further education body enters the procedure by court order on application by the appropriate national authority, defined in the Act as, where the further education body is in England, the Secretary of State and, where the further education body is in Wales, the Welsh Ministers;

(b)

the order appoints an education administrator;

(c)

the objective of education administration is to avoid or minimise disruption to the studies of the existing students of that further education body and to ensure that it becomes unnecessary for the body to remain in education administration for that purpose. The Act sets out various means by which the education administrator may achieve the objective.

Part 2 of these Rules sets out the procedure for applying for an education administration order, provisions about the hearing of the application and the grant of the order.

Part 3 of these Rules sets out the process of education administration.

Part 4 of these Rules contains general provisions detailing court practice and procedure for the education administration.

Part 5 of these Rules contains provisions relating to distribution to creditors, including proving debts and quantifying claims.

Part 6 of these Rules contains provisions about the education administrator, including how and when the education administrator may be replaced, and the education administrator’s remuneration.

Part 7 of these Rules contains provisions about time and general rules about documents.

Schedule 1 to these Rules contains specific details of the punishment of offences under these Rules.

Schedule 2 to these Rules contains specific requirements for the service of documents within education administration proceedings.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment for the Act is available from the Department for Education, 20 Great Smith Street, London, SW1P 3BT.