Further and Higher Education Act 1992
1992 c. 13 · Enacted 6 March 1992 · Extends to United Kingdom
An Act to make new provision about further and higher education.
[6th March 1992] E1
C1C2C3C4C5Be 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:—C6C7C8C9
Annotations to the whole text
Modifications
- C1
Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
- C2
Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2
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Act modified (1.4.1993) by S.I. 1993/563, art.2, Sch. 1, Sch. 2.
- C4
Act excluded (16.7.1998) by 1998 c. 30, ss. 26(11), 46(3) (with s. 42(8))
- C5
Certain powers transferred as specified (1.7.1999) by S.I. 1999/672, art. 2, Sch.1.
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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)
- C7
Act applied (1.4.2005) by The Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
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Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)
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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
This Act extends to England and Wales only with the exception of certain provisions see s. 94(5)-(7).
The amending provisions of this Act are co-extensive with the enactments so amended see s. 94(7)
Contents
- Part I: Further education
- Chapter I: Responsibility for further education
- The new funding councils
- 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- The new further education sector
- 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Finance
- 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Further functions
- 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Adjustment of local education authority sector
- 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Provision of further education in schools
- 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- General
- 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Chapter II: Institutions within the further education sector
- The further education corporations
- 15Initial incorporation of existing institutions.
- 16Orders incorporating further institutions.
- 16APublication of proposals
- 17“Further education corporation” and “operative date”.
- 18Principal powers of a further education corporation.
- 19Supplementary powers of a further education corporation.
- 19ADuty in relation to promotion of well-being of local area Repealed
- 20Constitution of corporation and conduct of the institution.
- 21Initial instruments and articles.
- 22Subsequent instruments and articles
- 22ACharitable status of a further education corporation
- Transfer of property, etc., to further education corporations
- 23Transfer of property, etc.: institutions maintained by local authorities Repealed
- 24Provisions supplementary to section 23. Repealed
- 25Transfer of property, etc. from foundation bodies. Repealed
- 26Transfer of staff to further education corporations. Repealed
- Dissolution of further education corporations
- 27Proposals for dissolution of further education corporations
- 27ADissolution of further education corporations
- 27BDissolution of further education corporations: transfer of property, rights and liabilities
- 27CRestrictions on dissolution in insolvency situations
- Designation of institutions for funding by the councils
- 28Designation of institutions.
- 29Government and conduct of designated institutions
- 29AFirst post-designation instruments and articles of designated institutions...
- 29BChanges to instruments and articles
- 30Special provision for certain institutions.
- 31Designated institutions conducted by companies.
- 32Transfer of property, etc., to designated institutions. Repealed
- 33Provisions supplementary to section 32. Repealed
- Sixth form college corporations: England
- 33AInitial designation of existing bodies corporate as sixth form college corporations
- 33BSubsequent designation of existing bodies corporate as sixth form college corporations
- 33CEstablishment of new bodies corporate as sixth form college corporations
- 33DConversion of sixth form college corporations into further education corporations
- 33EPrincipal powers of a sixth form college corporation
- 33FSupplementary powers of a sixth form college corporation
- 33GFurther provision about supplementary powers Repealed
- 33HDuty in relation to promotion of well-being of local area Repealed
- 33IConstitution of sixth form college corporation and conduct of sixth form college
- 33JSpecial provision for certain institutions
- 33KInstrument and articles of new sixth form college corporations
- 33LChanges to instruments and articles
- 33MCharitable status of a sixth form college corporation
- 33NProposals for dissolution of sixth form college corporations
- 33ODissolution of sixth form college corporations
- 33PDissolution of sixth form college corporations: transfer of property, rights and liabilities
- 33QRestrictions on dissolution in insolvency situations
- Property, rights and liabilities: general
- 34Making additional property available for use. Repealed
- 35Voluntary transfers of staff in connection with section 34. Repealed
- 36General provisions about transfers under Chapter II. Repealed
- 37Attribution of surpluses and deficits. Repealed
- 38Payments ... in respect of loan liabilities. Repealed
- 39Control of disposals of land. Repealed
- 40Wrongful disposals of land. Repealed
- 41Control of contracts. Repealed
- 42Wrongful contracts. Repealed
- 43Remuneration of employees. Repealed
- Miscellaneous
- 44Collective worship.
- 45Religious education.
- 46Variation of trust deeds.
- 47Transfer of higher education institutions to further education sector.
- 48Statutory conditions of employment. Repealed
- 49Avoidance of certain contractual terms.
- 49AConsultation
- 49BDestinations
- 50Information with respect to institutions within the further education sector.
- 51Publication of proposals. Repealed
- 51ADuty to provide for named individuals: England
- 52Duty to provide for named individuals: Wales
- 52ADuty to safeguard pupils receiving secondary education.
- 52BDuty to review provision in relation to local needs: England
- 53Inspection of accounts.
- Chapter III: General
- 54Duty to give information.
- 55Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State.
- 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 56AIntervention: England
- 56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions Repealed
- 56BIntervention policy: England Repealed
- 56CDirections Repealed
- 56DNotification by local authority or YPLA of possible grounds for intervention Repealed
- 56EIntervention by Secretary of State : sixth form colleges
- 56FAppointment by local authorities of members of sixth form college governing body Repealed
- 56GIntervention policy: sixth form colleges Repealed
- 56HIntervention by YPLA Repealed
- 56IAppointment by YPLA of members of sixth form college governing body Repealed
- 56JNotification by Chief Executive of Skills Funding of possible grounds for intervention Repealed
- 57Intervention : Wales
- 57AIntervention policy: Wales Repealed
- 58Reorganisations of schools involving establishment of further education corporation. Repealed
- 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 60Saving as to persons detained by order of a court. Repealed
- 60A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 61Interpretation of Part I.
- 61AReferences to appropriate bodies Repealed
- Part II: Higher education
- The new funding councils
- 62The Higher Education Funding Council for Wales.
- 63Dissolution of existing councils.
- 64Transitional arrangements. Repealed
- Funds
- 65Administration of funds by the HEFCW.
- 66Administration of funds: supplementary.
- 67Payments in respect of persons employed in provision of higher or further education.
- 68Grants to the HEFCW. Repealed
- Further functions
- 69Supplementary functions.
- 70England: assessment of quality of education provided by institutions. Repealed
- Institutions in the higher education sector
- 71Higher education corporations: constitution and conduct.
- 72Further power of designation.
- 73Government and conduct of designated institutions.
- 74Transfer of further education institutions to higher education sector.
- 75Variation of trust deeds.
- 76Power to award degrees, etc.
- 77Use of “university” in title of institution.
- 78Financial years of higher education corporations : Wales.
- General
- 79Duty to give information to the HEFCW. Repealed
- 79APower to request information from higher education institutions that are exempt charities Repealed
- 80Dissolution of Council for National Academic Awards. Repealed
- 81Directions. Repealed
- Part III: Miscellaneous and general
- 82Joint exercise of functions.
- 83Efficiency studies.
- 84Effect of agreements made before date of transfer.
- 85Finance and government of locally funded further and higher education.
- 85ANuisance or disturbance on educational premises
- 85AAPower of members of staff to search students for prohibited items: England
- 85ABPower of search under section 85AA: supplementary
- 85ACPower to seize items found during search under section 85AA
- 85ADSection 85AC: supplementary
- 85BPower to search further education students for weapons : Wales
- 85CPower of members of staff to use force
- 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 87Transfers of property, etc: supplementary provision.
- 88Stamp duty.
- 88AStamp duty land tax
- 89Orders, regulations and directions.
- 90Interpretation.
- 91Interpretation of Education Acts.
- 92Index.
- 93Amendments and repeals.
- 94Short title, commencement, etc.
- Schedule 1: The Further and Higher Education Funding Councils
- Supplementary powers
- 1Paragraph 1
- Chief officer
- 2Paragraph 2
- Tenure of members of councils
- 3Paragraph 3
- 4Paragraph 4
- Salaries, allowances and pensions
- 5Paragraph 5
- House of Commons disqualification
- 6Paragraph 6
- Staff
- 7Paragraph 7
- Committees
- 8Paragraph 8
- Further Education Funding Council for England: regional committees
- 9Paragraph 9
- Delegation of Functions
- 10Paragraph 10
- Proceedings
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Application of seal and proof of instruments
- 14Paragraph 14
- 15Paragraph 15
- Accounts
- 16Paragraph 16
- Status of council
- 17Paragraph 17
- Schedule 2Courses of Further Education
- Schedule 3: Calculation of Enrolment Numbers
- Enrolment numbers
- 1Paragraph 1
- Table for calculating enrolment numbers for sandwich courses, etc.
- 2Paragraph 2
- Interpretation of paragraphs 1 and 2
- 3Paragraph 3
- Amendment of paragraphs 1 to 3
- 4Paragraph 4
- Exclusion of non-EEC students
- 5Paragraph 5
- Schedule 4: INSTRUMENTS AND ARTICLES OF GOVERNMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 5: Identification and apportionment, etc., of property Repealed
- Division and apportionment of property et ceteralaetc. Repealed
- 1Paragraph 1 Repealed
- Identification of property, rights and liabilities Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Documents of title Repealed
- 6Paragraph 6 Repealed
- Third parties affected by vesting provisions Repealed
- 7Paragraph 7 Repealed
- Delivery of documents to transferee Repealed
- 8Paragraph 8 Repealed
- Schedule 5A
- Interpretation
- 1Paragraph 1
- Approval by the Secretary of State
- 2Paragraph 2
- Termination of arrangement etc
- 3Paragraph 3
- Variation of arrangement
- 4Paragraph 4
- Interpretation of existing enactments
- 5Paragraph 5
- Schedule 6New Schedule 7A to the Education Reform Act 1988
- Schedule 7: Transfers: supplementary provisions
- Proof of title by certificate
- 1Paragraph 1
- Construction of agreements
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 8: Minor and Consequential Amendments
- Part I: Amendments of the Education Acts
- The Education Act 1944 (c. 31)
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- The Education Act 1946 (c. 50)
- 14Paragraph 14 Repealed
- The Education (Miscellaneous Provisions) Act 1948 (c. 40)
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- The Education Act 1980 (c. 20)
- 17Paragraph 17 Repealed
- The Education Act 1981 (c. 60)
- 18Paragraph 18 Repealed
- The Education (Fees and Awards) Act 1983 (c. 40)
- 19Paragraph 19
- The Further Education Act 1985 (c. 47)
- 20Paragraph 20
- 21Paragraph 21
- The Education (No. 2) Act 1986 (c. 61)
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- The Education Reform Act 1988 (c. 40)
- 27Paragraph 27
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37 Repealed
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46 Repealed
- 47Paragraph 47 Repealed
- 48Paragraph 48
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52
- 53Paragraph 53 Repealed
- 54Paragraph 54 Repealed
- 55Paragraph 55
- 56Paragraph 56 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61 Repealed
- 62Paragraph 62 Repealed
- 63Paragraph 63 Repealed
- 64Paragraph 64 Repealed
- 65Paragraph 65
- 66Paragraph 66
- The Education (Student Loans) Act 1990 (c. 6)
- 67Paragraph 67
- Part II: Amendments of other Acts
- The Public Records Act 1958 (c. 51)
- 68Paragraph 68
- The Charities Act 1960 (c. 58)
- 69Paragraph 69 Repealed
- The Veterinary Surgeons Act 1966 (c. 36)
- 70Paragraph 70
- The Local Authorities (Goods and Services) Act 1970 (c. 39)
- 71Paragraph 71
- The Chronically Sick and Disabled Persons Act 1970 (c. 44)
- 72Paragraph 72
- The Superannuation Act 1972 (c. 11)
- 73Paragraph 73
- The House of Commons Disqualification Act 1975 (c. 24)
- 74Paragraph 74
- The Sex Discrimination Act 1975 (c. 65)
- 75Paragraph 75 Repealed
- 76Paragraph 76 Repealed
- 77Paragraph 77 Repealed
- 78Paragraph 78 Repealed
- 79Paragraph 79 Repealed
- 80Paragraph 80 Repealed
- 81Paragraph 81 Repealed
- 82Paragraph 82 Repealed
- 83Paragraph 83 Repealed
- The Race Relations Act 1976 (c. 74)
- 84Paragraph 84 Repealed
- 85Paragraph 85 Repealed
- 86Paragraph 86 Repealed
- 87Paragraph 87 Repealed
- 88Paragraph 88 Repealed
- The Employment Protection (Consolidation) Act 1978 (c. 44)
- 89Paragraph 89 Repealed
- The Public Passenger Vehicles Act 1981 (c. 14)
- 90Paragraph 90 Repealed
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- 91Paragraph 91
- 92Paragraph 92
- The Employment Act 1989 (c. 38)
- 93Paragraph 93
- The Town and Country Planning Act 1990 (c. 8)
- 94Paragraph 94
- The Environmental Protection Act 1990 (c. 43)
- 95Paragraph 95
- Schedule 9Repeals