Section 33C Establishment of new bodies corporate as sixth form college corporationsF1

England, Wales and Scotland

(1)

The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.

(2)

An order under subsection (1) may be made only if—

(a)

a proposal relating to the order has been made by F2a person or body (“the proposer and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and

(b)

it appears to the Secretary of State that the institution will when established be one within subsection (4).

(3)

The requirements are that—

(a)

the F3proposer has published the proposal by the prescribed time and in the prescribed manner;

(b)

the proposal as published contained prescribed information;

(c)

the F4proposer has considered any representations about the proposal made to F5the proposer within the prescribed period.

(4)

An institution is within this subsection if—

(a)

the institution is in England, and

(b)

on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)

The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)

An order under subsection (1)—

(a)

must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;

(b)

may make provision as to the initial name of the corporation as a sixth form college corporation.

Annotations

Textual amendments

F1: Ss. 33A-33N and cross-heading inserted (12.1.2010 for the insertion of ss. 33A-33J, 33M, 33N, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 3; S.I. 2009/3317, art. 2, Sch.; S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
F2: Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2
F3: Words in s. 33C(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(3); S.I. 2012/924, art. 2
F4: Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2
F5: Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(b); S.I. 2012/924, art. 2