Section 16 Orders incorporating further institutions.I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 16(1) words substituted by Further Education and Training Act 2007 s. 14(2)
s. 16(3) words substituted by Further Education and Training Act 2007 s. 14(3)(a)
s. 16(3)(b) words substituted by Further Education and Training Act 2007 s. 14(3)(b)
s. 16(6) inserted by Further Education and Training Act 2007 s. 14(4)

C1(1)

The Secretary of State may by order make provision for the establishment of a body corporate—

(a)

for the purpose of establishing and conducting an educational institution, or

(b)

for the purpose of conducting an existing educational institution,

but shall not make an order in respect of an existing institution without the consent of the governing body.

F1(2)

Subsection (1) above does not apply to an institution which is maintained by a F2local authority.

(3)

The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—

(a)

is maintained by a local authority, and

(b)

in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(4)

The name given in the order under this section as the name of the institution shall be the initial name of the body corporate.

(5)

An order under this section shall provide for the institution to be conducted by the body corporate as from the operative date.

Annotations

Textual amendments

F1: S. 16(2)(3) substituted (1.10.2000 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 111(1); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I
F2: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 5(2)

Modifications

C1: S. 16(1) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch. 1

Commencement

I1: S. 16 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2