Education Reform Act 1988

Agreements for establishment, etc., of city technology colleges and city colleges for the technology of the arts.

105

• (1) The Secretary of State may enter into an agreement with any person under which—

• (a) that person undertakes to establish and maintain, and to carry on or provide for the carrying on of either—

• (i) an independent school to be known as a city technology college; or

• (ii) an independent school to be known as a city college for the technology of the arts;

and having (in each case) such characteristics as are specified in the agreement and in subsection (2) below; and

• (b) the Secretary of State agrees to make payments to that person in consideration of those undertakings.

• (2) The characteristics mentioned above are that the school—

• (a) is situated in an urban area;

• (b) provides education for pupils of different abilities who have attained the age of eleven years . . . and who are wholly or mainly drawn from the area in which the school is situated; and

• (c) has a broad curriculum with an emphasis—

• (i) in the case of a school to be known as a city technology college, on science and technology; or

• (ii) in the case of a school to be known as a city college for the technology of the arts, on technology in its application to the performing and creative arts.

• (3) An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

• (a) conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school; and

• (b) such other conditions and requirements with respect to the school as are specified in the agreement.

• (4) Payments under an agreement under this section may be in respect of capital or current expenditure and, in so far as they relate to the latter, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements mentioned in subsection (3) above) for a period of not less than seven years or for an indefinite period terminable by the Secretary of State by not less than seven years written notice.

• (5) Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event at any time of the school discontinuing or ceasing to have the characteristics specified in the agreement and in subsection (2) above, of sums determined by reference to—

• (a) the value at that time of the school premises and other assets held for the purposes of the school; and

• (b) the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

• (6) Without prejudice to subsection (4) above an agreement under this section may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

• (a) incurred by that person in carrying out the undertakings mentioned in subsection (1) above; or

• (b) incurred by that person (otherwise than by virtue of subsection (5) above) in consequence of the termination of the agreement.

Charges in maintained schools

Prohibition of charges, etc., in maintained schools.

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• (1) No charge shall be made in respect of admission to any maintained school.

• (1A) Subsection (1) above shall not apply to the admission of any person to any maintained school for the purpose of—

• (a) part-time education suitable to the requirements of persons of any age over compulsory school age; or

• (b) full-time education suitable to the requirements of persons who have attained the age of nineteen years; or

• (c) teacher training.

• (2) Subject to subsection (3) below and section 107 of this Act, no charge shall be made in respect of the education provided for registered pupils at any such school during school hours.

• (3) Subsection (2) above shall not apply in relation to—

• (a) tuition in playing any musical instrument, where the tuition is provided either individually or to a group of no more than four pupils; or

• (b) any education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993.

• (4) No charge shall be made in respect of education provided for a registered pupil at any maintained school where the education is education to which subsection (2) above does not apply if it is—

• (a) required as part of any syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school; or

• (b) provided in pursuance of any of the duties imposed by section 10(1)(b) or (2)(a) of this Act;

but this subsection shall not apply in relation to education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993.

• (5) No charge shall be made in respect of the entry of a registered pupil at any maintained school for any prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

• (6) Neither the parent of any such pupil nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

• (a) education provided for the pupil at the school in respect of which by virtue of this section no charge may be made; or

• (b) any syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

• (7) No charge shall be made in respect of transport provided for a registered pupil at any such school where the transport is either—

• (a) incidental to education provided for the pupil at the school in respect of which by virtue of this section no charge may be made; or

• (b) provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

• (8) For the purposes of subsection (7)(a) above, transport is incidental to education provided for registered pupils at any such school if it is provided for the purpose of carrying such pupils—

• (a) to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises; or

• (b) to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local education authority, from or to the school premises or any other such place.

• (9) Nothing in this section shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at any such school on a residential trip.

• (10) In this Chapter “residential trip” means any trip—

• (a) which is arranged for registered pupils at any maintained school by or on behalf of the governing body or the local education authority; and

• (b) which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

• (11) For the purposes of this section, a pupil shall be regarded as having been prepared at a school for a syllabus for any prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

Provision for cases where education is provided partly during and partly outside school hours.

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• (1) Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours—

• (a) if fifty per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and

• (b) in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

• (2) In this section “school travelling time” means time spent on travel during school hours; and for the purposes of subsection (1)(a) above, such time is connected school travelling time in relation to any educational activity if it is spent by the pupils taking part in the activity in getting to or from the place where the activity takes place.

• (3) Where any education provided at a maintained school is provided on a residential trip—

• (a) if the number of school sessions taken up by the trip is equal to or greater than fifty per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and

• (b) in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

• (4) In this section a “half day” means any period of twelve hours ending with noon or midnight on any day.

• (5) Where fifty per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated for the purposes of subsection (3) above as spent on the trip.

• (6) For the purposes of that subsection, a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip on which education is provided for registered pupils at the school if the time spent on the trip occupies fifty per cent. or more of the time allowed for that session at the school.

Recovery of wasted examination fees.

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• (1) Notwithstanding section 106(5) of this Act, where—

• (a) the governing body of any maintained school or the local education authority have paid or are liable to pay any fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination; and

• (b) the pupil fails without good reason to meet any examination requirement for that syllabus;

that body or authority may recover the amount of the fee from the pupil’s parent.

• (2) It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet any such examination requirement had good reason for the failure.

Permitted charges.

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• (1) Subject to subsection (2) below, a charge may be made in respect of—

• (a) education or transport provided for a registered pupil at any maintained school other than education or transport in respect of which by virtue of section 106 of this Act or section 55(1) of the 1944 Act no charge may be made;

• (b) the entry of any such pupil for a public examination in any syllabus for that examination otherwise than in circumstances in which by virtue of section 106(5) of this Act no charge may be made; and

• (c) board and lodging provided for any such pupil on a residential trip.

• (2) A charge may not be made—

• (a) by virtue of subsection (1)(a) above in respect of the provision for a pupil of education or transport; or

• (b) by virtue of subsection (1)(b) above in respect of the entry of a pupil for an examination in any syllabus for that examination;

unless the education or transport is provided or the pupil is entered for the examination in that syllabus by agreement with his parent; and any education, transport or examination entry in respect of which a charge may be made by virtue of either of those provisions is referred to below in this section as an “optional extra”.

• (3) The following provisions of this section apply in relation to any charge permitted under this section, other than a charge in respect of education provided at a grant-maintained school in pursuance of arrangements made under section 57(5) of this Act; and any charge to which those provisions apply is referred to in those provisions as a regulated charge.

• (4) The amount of any regulated charge shall be payable by the parent of the pupil concerned.

• (5) A regulated charge shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

• (6) Without prejudice to the generality of subsection (5) above, the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

• (a) incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra;

• (b) attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra; or

• (c) attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

• (7) Subject to subsection (8) below, the cost of the provision of an optional extra shall not be taken as including any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (6)(c) above.

• (8) Where the optional extra in question consists of tuition in playing any musical instrument the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

• (9) Where charging is permitted under this section and the charge would be a regulated charge, the question of whether any charge in respect of the optional extra or the board and lodging should be made, and the amount of any charge to be made, shall be determined—

• (a) in a case where the cost of the provision of the optional extra or board and lodging is met by, or from funds at the disposal of, the governing body, by the governing body; and

• (b) in any other case, by the local education authority.

• (10) The whole or any part of the amount of any charge the local education authority determine under subsection (9)(b) above to make—

• (a) shall, if the governing body so determine, be met by, or from funds at the disposal of, the governing body; and

• (b) shall not, to the extent that it is so met, be payable by the parent of the pupil concerned.

Charges and remissions policies.

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• (1) Every governing body of a maintained school and every local education authority shall determine and keep under review a policy with respect to the provision of, and the classes or descriptions of case in which they propose to make charges for, any optional extra or board and lodging in respect of which charges are permitted by section 109 of this Act, other than education provided at a grant-maintained school in pursuance of arrangements made under section 68(8) of the Education Act 1993.

• (2) No such body or authority shall make such a charge unless they have both—

• (a) determined a policy under subsection (1) above with respect to the making of such charges (their “charging policy "); and

• (b) determined a policy (their “remissions policy ")—

• (i) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy; and

• (ii) in the case of such a policy determined by the governing body of any school other than a grant-maintained school, setting out also any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local education authority in accordance with the authority’s charging policy for any optional extra or board and lodging provided for a registered pupil at the school.

• (3) Any remissions policy determined by the governing body of a maintained school or by a local education authority shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

• (a) the education provided on the trip is education in respect of which by virtue of section 106 no charge may be made; and

• (b) his parents are in receipt of income support , family credit or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) or disability working allowance in respect of any period wholly or partly comprised in the time spent on the trip.

• (4) Any such body or authority shall keep under review any remissions policy determined by them under this section.

• (5) In this section “optional extra” has the same meaning as in section 109 of this Act.

Charges for board and lodging at boarding schools.

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• (1) Subject to the following provisions of this section, where any registered pupil at any maintained school is provided at the school with board and lodging there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging.

• (2) Where the board and lodging are provided for the pupil—

• (a) at a school maintained by a local education authority; and

• (b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school

• (3) Where the board and lodging are provided for the pupil—

• (a) at a grant-maintained school; and

• (b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him

the whole of the charges payable under this section shall be payable by the authority instead of by the pupil’s parent.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the local education authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

• (a) in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (6) below to be so remitted; and

• (b) in the case of charges payable to another local education authority or to the governing body of a grant-maintained school in respect of board and lodging . . ., shall pay so much of those charges as falls in accordance with that subsection to be so paid.

• (6) In the case of any such charges, the amount that falls to be remitted or paid by a local education authority by virtue of subsection (5) (a) or (b) above is—

• (a) such part of those charges as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in that subsection; or

• (b) if in their opinion such hardship cannot otherwise be avoided, the whole of those charges.

Miscellaneous

Extension of powers as to trusts for religious education.

112

• (1) Section 2 of the Education Act 1973 (special powers as to certain trusts for religious education) shall be amended as follows.

• (2) For subsection (1) there shall be substituted the following subsections—

(1) Where the premises of a voluntary school or a grant-maintained school have ceased (whether before or after the passing of the Education Reform Act 1988) to be used for a voluntary school or, as the case may be, a grant-maintained school, or in the opinion of the Secretary of State it is likely they will cease to be so used, then subject to subsections (2) to (4) below, he may by order made by statutory instrument make new provision as to the use of any endowment if it is shown either— (a) that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religious denomination; or (b) that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (1C) below) the requirements of subsection (1A) below are fulfilled. (1A) The requirements of this subsection are— (a) that the school was or has been maintained as a voluntary school since 1st April 1945 (the coming into force of Part II of the Education Act 1944) or, in the case of a grant-maintained school, was so maintained from that date until immediately before it became a grant-maintained school; and (b) that religious education in accordance with the tenets of the denomination concerned— (i) is, and from that date has been, provided at the school; or (ii) where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used; in pursuance of section 27 or 28 of that Act (religious education in voluntary schools) or section 85 or 86 of the Education Reform Act 1988 (religious education in grant-maintained schools which were formerly voluntary schools). (1B) For the purposes of this section— - “endowment” includes property not subject to any restriction on the expenditure of capital; and - “shown” means shown to the satisfaction of the Secretary of State. (1C) For the purposes of this section— (a) where in the case of any school falling within subsection (1A)(a) above it is shown— (i) that religious education in accordance with the tenets of a particular denomination is provided at the school; or (ii) where the premises have ceased to be used for the purposes of the school, such religious education was so provided immediately before the premises ceased to be so used; such religious education shall be taken to have been provided at the school from 1st April 1945; and (b) where religious education in accordance with such tenets is shown to have been given to any pupils at a controlled school or a grant-maintained school which was a controlled school immediately before it became a grant-maintained school, the religious education shall be taken to have been given to them at the request of their parents; unless the contrary is shown.

• (3) In subsection (4) for the words from “in connection with voluntary schools or " to “such a school " there shall be substituted the following paragraphs—

(a) in connection with schools which are voluntary schools or grant-maintained schools; or (b) partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the voluntary school or grant-maintained school at the premises that have gone or are to go out of use for such a school;

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Schemes under the Endowed Schools Acts.

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• (1) Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person—

• (a) the scheme shall have effect as if no such approval or order was required; and

• (b) no liability shall be deemed to have been incurred in respect of any failure before the passing of this Act to obtain any such approval or order.

• (2) The Secretary of State may, on the application of any person whose approval or order would but for this section be required under such a scheme, direct that that requirement shall continue to have effect notwithstanding subsection (1)(a) above; but no liability shall be deemed to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.

Extension of power to require local education authority to defray expenses of establishing controlled school.

114

In section 2 of the Education (Miscellaneous Provisions) Act 1953 (power to require local education authority to defray expenses of establishing controlled school), in paragraph (b) (which limits the power conferred by that section to cases where the new school is required for pupils for whom accommodation in some other voluntary or grant-maintained school has ceased to be available) after the words “for whom " there shall be inserted the words “or for a substantial proportion of whom ".

Power to determine times of school sessions, etc.

115

The following section shall be substituted for section 21 of the 1986 Act—

(21) (1) The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority to determine the dates at which the school terms and holidays are to begin and end. (2) The articles of government for every such school shall provide for it to be the duty of the governing body to determine the times at which the school session or, if there is more than one, each school session is to begin and end on any day and, where the governing body propose to make any change in those times, for it to be their duty— (a) to consult the local education authority and the head teacher before taking any of the actions mentioned in paragraphs (b) to (g) below; (b) to include a statement in the report they are required to prepare by virtue of section 30 of this Act— (i) indicating that they propose to make a change in those times; (ii) specifying the proposed change and when they propose that it should take effect; and (iii) drawing attention to any comment on the proposal included as an annex to the report by virtue of paragraph (c) below and including such response to the comment as they may consider appropriate; (c) if so required by the local education authority, to include as an annex to that report such written comment on the proposal as the authority may provide for that purpose; (d) to provide an opportunity for discussion of the proposal at a parents’ meeting held by virtue of section 31 of this Act; (e) to consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification; (f) not to effect any change in those times except at the beginning of a school year; and (g) not less than three months before any change in those times is to take effect— (i) to inform the local education authority; and (ii) to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are informed; of the change and of when it is to take effect. (3) For the purposes of any provision included in the articles of government for any such school by virtue of subsection (2) above, the times determined by the local education authority immediately before the coming into force of section 115 of the Education Reform Act 1988 as the times at which the school session or, if there is more than one, each school session is to begin and end on any day shall be taken to have been determined by the governing body. (4) The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body to determine— (a) the dates and times at which the school terms and holidays are to begin and end; and (b) the times at which the school session or, if there is more than one, each school session is to begin and end on any day. (5) The articles of government for every county, voluntary and maintained special school shall provide for the governing body to have power to require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.

Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.

116

In section 8 of the 1986 Act (proceedings and tenure of office of governors of county, voluntary or maintained special school), in subsection (7) (provision that may be included in regulations made by the Secretary of State as to meetings and proceedings of governing bodies, etc.) the following paragraphs shall be inserted after paragraph (a)—

(aa) for the establishment of committees by the governing bodies of such schools (whether or not including persons who are not members of the governing body concerned) and for the constitution, meetings and proceedings of such committees; (ab) for the delegation of functions of the governing body of any such school in prescribed circumstances to committees established by that body, to any member of that body or to the head teacher;

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Chapter V: general and supplementary provisions

Obligation to enter pupils for prescribed public examinations.

117

• (1) Subject to the following provisions of this section, the governing body of every maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

• (2) Subsection (1) above shall not require a governing body to secure that a pupil is entered for any examination, or for any examination in any syllabus for that examination, if either—

• (a) the governing body consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus; or

• (b) the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus. but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act

• (3) Subsection (1) above shall not require a governing body to secure that a pupil is entered for any examination in any syllabus for that examination if the governing body have secured that pupil’s entry for another prescribed public examination in a corresponding syllabus.

• (4) For the purposes of subsection (3) above, a syllabus for any such examination shall be regarded as corresponding to a syllabus for another such examination if the same course of study is provided at the school concerned in preparation for both syllabuses.

• (5) As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school the governing body of a maintained school shall notify the parent of the pupil in writing of their determination in relation to each such syllabus.

General and supplementary provisions relating to charges.

118

• (1) Nothing in the provisions of this Chapter relating to charges shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of any maintained school or any local education authority for voluntary contributions for the benefit of the school or any school activities.

• (2) Any request or invitation made by or on behalf of any such body or authority for contributions for the benefit of any school or school activities shall not be regarded for the purposes of subsection (1) above as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

• (a) that there is no obligation to make any contribution; and

• (b) that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

• (3) Nothing in section 106(6) of this Act shall prevent the parent of a registered pupil at a maintained school from being required to pay for or supply any materials for use for the purposes of the production in the course of the provision of education for the pupil at the school of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

• (4) Nothing in this Chapter relating to charges with respect to a registered pupil at a maintained school shall be read as relating to—

• (a) charges made by persons other than the governing body or the local education authority; or

• (b) charges to be paid by persons other than the parent of the pupil or the pupil himself.

• (5) The Secretary of State may make regulations requiring, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

• (a) such information relevant for the purposes of this Chapter as to the school hours at the school; and

• (b) such information as to the policies determined under section 110 which apply in relation to the school;

as may be prescribed.

• (6) Any sum payable under section 108, 109 or 111 of this Act by the parent of any registered pupil at a maintained school shall be recoverable summarily as a civil debt.

• (7) In this Chapter—

• (a) “equipment” does not include clothing;

• (b) “the local education authority” means, in relation to a maintained school which is a school maintained by a local education authority, the authority by whom the school is maintained;

• (c) “maintained school” means—

• (i) any school maintained by a local education authority; and

• (ii) any grant-maintained school;

• (d) references to a public examination (including a prescribed public examination) are references to such an examination as it applies in relation to persons entered for any syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment for the purposes of determining the achievements of persons entered for that examination takes place;

• (e) references to an examination requirement for a syllabus for any such examination are references to any requirement a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus; and

• (f) “residential trip” has the meaning given by section 106(10) of this Act.

• (8) For the purposes of subsection (7) above an assessment for the purposes of determining the achievements of persons entered for any examination is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus whether that person has passed or failed and, if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Interpretation of Part I

Interpretation of Part I.

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• (1) For the purposes of this Part of this Act—

• (a) children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class; and

• (b) “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age.

• (2) References in this Part, in relation to proposals under section 28, [. . ., 89 or 92] of this Act, to the date of publication of the proposals are references—

• (a) to the date on which the requirements of this Act, or of regulations under this Act, with respect to the publication of the proposals (or of any notice relating to the proposals) are satisfied; or

• (b) where different requirements such as are mentioned in paragraph (a) above are satisfied on different dates, to the last of those dates;

and references to the time at which such proposals are published shall be construed accordingly.

• (3) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (2) above be taken to be satisfied on the first date in respect of which it is satisfied.

Part II — Higher and Further Education

Chapter I — local authority Functions with respect to Higher and Further Education

120

• (1) Alocal authority authority shall no longer be under a duty to secure the provision for their area of facilities for higher education, that is to say, education provided by means of a course of any description mentioned in Schedule 6 to this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A local authority shall have power—

• (a) to secure the provision for their area of such facilities for higher education as appear to them to be appropriate for meeting the needs of the population of their area;

• (b) to secure the provision of higher education for persons from other areas; and

• (c) to do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.

• (4) In exercising their power under subsection (3)(a) above a local authority shall have regard to any facilities for higher education provided by institutions within the higher education sectoror the further education sector and other bodies which are provided for, or available for use by persons living in, their area.

• (4A) In exercising its powers under subsection (3) a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The Secretary of State may by order amend Schedule 6 to this Act.

Chapter II — Reorganisation of Provision and Funding of Higher Education

The higher education corporations

Initial incorporation of higher education institutions maintained by local authorities.

121

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) References in this Part of this Act to courses of advanced further education are references to courses designated by Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as courses of advanced further education.

Orders incorporating higher education institutions maintained by local authorities in Wales.

122

• (1) Subject to subsection (2) below, if at any time it appears to the Secretary of State, in the case of any institution maintained by a local authority in Wales, that its full-time equivalent enrolment number for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number he may make an order under this section with respect to that institution.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) An order under this section with respect to any institution shall make provision for the establishment of a body corporate for the purpose of conducting that institution as from the transfer date applicable in relation to that body corporate.

Orders for further education corporations in England to become higher education corporations

122ZA

• (1) The Secretary of State may by order provide for a further education corporation in England to become a higher education corporation.

• (2) The first members of the higher education corporation are to be appointed by the governing body of the further education corporation.

• (3) On such date as may be specified in the order—

• (a) the corporation ceases to be a further education corporation and becomes a higher education corporation, and

• (b) any member of the further education corporation who is not re-appointed by the governing body as a member of the higher education corporation ceases to hold office.

Orders transferring further education corporations in Wales to higher education sector.

122A

• (1) The Secretary of State may by order provide for the transfer of a further education corporation in Wales to the higher education sector if it appears to him that the full-time equivalent enrolment number of the institution conducted by the corporation for courses of higher education exceeds 55 per cent. of its total full-time equivalent enrolment number.

• (2) Where an order under this section is made in respect of a further education corporation, sections 124A and 125 of this Act shall have effect as if—

• (a) on the date the order has effect, the corporation were established as a higher education corporation, and

• (b) the Secretary of State were the appointing authority in relation to the first members of the higher education corporation.

• (3) In determining in pursuance of subsection (2)(b) above the number of members to appoint within each variable category of members, the Secretary of State shall secure that at least half of all the members of the higher education corporation as first constituted are independent members; and in this subsection “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

• (4) On such date as may be specified in the order the corporation shall cease to be a further education corporation and become a higher education corporation and any member of the further education corporation who is not re-appointed by the Secretary of State in pursuance of subsection (2)(b) above shall cease to hold office on that date.

Provisions supplementary to sections 121 to 122A.

123

• (1) References in this Act to a higher education corporation are references to a body corporate established under section 121 or 122 of this Act or which has become a higher education corporation by virtue of section 122ZA or 122A of this Act.

• (2) In this Act “transfer date” means, in relation to a higher education corporation, the date appointed under section 126 of this Act in relation to the transfer under that section of property, rights and liabilities to that corporation.

• (3) Schedule 7 to this Act has effect with respect to each higher education corporation in Wales established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect.

• (4) A higher education corporation in Wales established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.

Principal powers of a higher education corporation in England

123A

• (1) A higher education corporation in England has power—

• (a) to provide higher education;

• (b) to provide further education;

• (c) to provide secondary education suitable to the requirements of persons who have attained the age of 14 years;

• (d) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education);

• (e) to participate in the provision of secondary education at a school; and

• (f) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.

• (2) A higher education corporation in England may not provide education of a kind specified in subsection (1)(c) or (d) unless they have consulted such local authorities as they consider appropriate.

Supplementary powers of a higher education corporation in England

123B

• (1) A higher education corporation in England has power to do anything which appears to the corporation to be necessary or expedient for the purpose of, or in connection with, the exercise of any of their principal powers.

• (2) The corporation's “principal powers” are the powers conferred by section 123A(1).

Powers of a higher education corporation in Wales.

124

• (1) A higher education corporation in Wales shall have power—

• (a) to provide higher education;

• (b) to provide further education; and

• (ba) to provide secondary education suitable to the requirements of persons who have attained the age of fourteeen years,

• (bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),

• (bc) to participate in the provision of secondary education at a school,

• (c) to carry out research and to publish the results of the research or any other material arising out of or connected with it in such manner as the corporation think fit.

• (1A) A higher education corporation in Wales may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local authorities as they consider appropriate.

• (2) A higher education corporation in Wales shall also have power to do anything which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of the powers conferred on the corporation by subsection (1) above, including in particular power—

• (a) to conduct an educational institution for the purpose of carrying on activities undertaken in exercise of any of those powers and, in particular, to assume the conduct as from the transfer date applicable in relation to the corporation of the institution in respect of which the corporation is established and for that purpose to receive any property, rights and liabilities transferred to the corporation under section 126 of this Act;

• (b) to provide facilities of any description appearing to the corporation to be necessary or expedient for the purposes of or in connection with carrying on any such activities (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties . . .);

• (c) to supply goods and services;

• (d) to acquire and dispose of land and other property;

• (e) to enter into contracts, including in particular—

• (i) contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any such activities; and

• (ii) contracts with respect to the carrying on by the corporation of any such activities;

• (f) to form, participate in forming or invest in a company for the purpose of carrying on any such activities;

• (fa) to form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011) for the purpose of carrying on any such activities;

• (g) to borrow such sums as the corporation think fit for the purposes of carrying on any activities they have power to carry on or meeting any liability transferred to them under section 126 of this Act and, in connection with such borrowing, to grant any mortgage, charge or other security in respect of any land or other property of the corporation;

• (h) to invest any sums not immediately required for any of the purposes mentioned in paragraph (g) above;

• (i) to accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes; and

• (j) to do anything incidental to the conduct of an educational institution providing higher or further education.

• (3) The power under subsection (2)(j) above includes in particular power—

• (a) to found scholarships or exhibitions; and

• (b) to make grants and give prizes.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of subsection (2)(b) a person has a learning difficulty if—

• (a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

• (b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the higher education sector for persons of his age.

• (6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

• (7) The reference in this section to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Instrument of government of higher education corporations in England

124ZA

• (1) For each higher education corporation in England there is to be an instrument providing for the constitution of the corporation (to be known as the instrument of government).

• (2) A higher education corporation in England may vary, replace or revoke the instrument of government.

• (3) The corporation must not make changes to the instrument of government that (but for section 125A) would result in the corporation ceasing to be a charity.

Proceedings etc. of higher education corporations in England

124ZB

• (1) The validity of any proceedings of a higher education corporation in England, or of a committee of such a corporation, is not affected by—

• (a) a vacancy among the members, or

• (b) a defect in the appointment or nomination of a member.

• (2) The application of the seal of a higher education corporation in England must be authenticated by the signature of—

• (a) the chair of the corporation or some other person authorised for that purpose by the corporation, and

• (b) any other member of the corporation.

• (3) A document purporting to be duly executed under the seal of a higher education corporation in England or signed on the corporation's behalf—

• (a) is to be received in evidence, and

• (b) is to be taken to be executed or signed in that way, unless the contrary is shown.

• (4) The members for the time being of a higher education corporation in England are to be known as the board of governors of the institution conducted by the corporation.

Constitution and conduct of higher education corporations in Wales.

124A

• (1) For each higher education corporation in Wales established on or after the appointed day there shall be an instrument (to be known as the instrument of government) providing for the constitution of the corporation and making such other provision as is required under this section.

• (2) The initial instrument of government of a higher education corporation in Wales established on or after that day shall be such as is prescribed by an order of the Privy Council.

• (3) An order of the Privy Council may—

• (a) make an instrument of government of any higher education corporation in Wales with respect to which Schedule 7 to this Act has effect or make a new instrument of government of any higher education corporation in Wales in place of the instrument prescribed under subsection (2) above; or

• (b) modify an instrument made in pursuance of this subsection.

• (4) An instrument of government of a higher education corporation in Wales—

• (a) shall comply with the requirements of Schedule 7A to this Act; and

• (b) may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

• (5) An order under subsection (2) or (3) above may make such provision as appears to the Privy Council necessary or desirable to secure continuity in the government of the institution or institutions to which it relates.

• (6) The validity of any proceedings of a higher education corporation in Wales for which an instrument of government has effect, or of any committee of such a corporation, shall not be affected by a vacancy amongst the members or by any defect in the appointment or nomination of a member.

• (7) Every document purporting to be an instrument made or issued by or on behalf of a higher education corporation in Wales for which an instrument of government has effect and to be duly executed under the seal of the corporation, or to be signed or executed by a person authorised by the corporation to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

• (8) In relation to a higher education corporation in Wales for which an instrument of government has effect the members of the corporation for the time being shall be known as the board of governors of the institution conducted by the corporation.

• (9) The Secretary of State may by order amend or repeal any of paragraphs 3 to 5 and 11 of Schedule 7A to this Act.

• (10) In this section and section 124C “the appointed day” means the day appointed under section 94 of the Further and Higher Education Act 1992 for the commencement of section 71 of that Act.

Accounts.

124B

• (1) It shall be the duty of each corporation—

• (a) to keep proper accounts and proper records in relation to the accounts; and

• (b) to prepare in respect of each financial year of the corporation a statement of accounts.

• (2) The statement shall—

• (a) give a true and fair account of the state of the corporation’s affairs at the end of the financial year and of the corporation’s income and expenditure in the financial year; and

• (b) in the case of a higher education corporation in Wales, comply with any directions given by the Commission for Tertiary Education and Research as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

• (3) The corporation shall supply a copy of the statement to any person who asks for it and, if the corporation so requires, pays a fee of such amount not exceeding the cost of supply as the corporation thinks fit.

• (4) The accounts (including any statement prepared under this section) shall be audited by persons appointed in respect of each financial year by the corporation.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) A corporation in Wales shall consult, and take into account any advice given by, the Auditor General for Wales before appointing any auditor under subsection (4) above in respect of their first financial year.

• (6) No person shall be qualified to be appointed auditor under subsection (4) above except—

• (a) an individual, or firm, eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006;

• (b) a member of the Chartered Institute of Public Finance and Accountancy; or

• (c) a firm each of the members of which is a member of that institute.

• (7) In this section, in relation to a corporation—

• “the first financial year” means the period commencing with the date on which the corporation is established and ending with the second 31st March following that date; and

• “financial year” means that period and each successive period of twelve months.

Initial and transitional arrangements : Wales.

124C

• (1) The Secretary of State shall be the appointing authority in relation to the appointment of the first members of a corporation in Wales established on or after the appointed day and, in determining the number of members to appoint within each variable category of members, he shall secure that at least half of all the members of the corporation as first constituted are independent members.

• (2) In subsection (1) above “variable category of members” and “independent members” have the same meaning as in Schedule 7A to this Act.

• (3) The following provisions apply where an instrument of government is made under section 124A of this Act for a higher education corporation in Wales with respect to which Schedule 7 to this Act has effect.

• (4) The instrument shall apply, subject to subsection (5) below, as if the persons who, immediately before its coming into effect, were the members of the corporation had been appointed in accordance with the instrument for the residue of the term of their then subsisting appointment.

• (5) Any local authority nominee, teacher nominee, general staff nominee or student nominee (within the meaning, in each case, of Schedule 7 to this Act) shall cease to hold office.

Exercise of Powers by Privy Council.

124D

• (1) This section applies in relation to the exercise of powers for the purposes of this Part of this Act.

• (2) A power vested in the Privy Council may be exercised by any two or more of the lords and others of the Council.

• (3) An act of the Privy Council shall be sufficiently signified by an instrument signed by the clerk of the Council.

• (4) An order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council.

• (5) An instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

Articles of government: higher education corporations in England

124E

• (1) An institution conducted by a higher education corporation in England is to be conducted in accordance with articles of government made by the corporation.

• (2) The articles of government may make provision with respect to the powers of the corporation under section 123B.

• (3) A higher education corporation in England may vary, replace or revoke the articles of government.

• (4) The corporation must not make changes to the articles of government that (but for section 125A) would result in the corporation ceasing to be a charity.

Articles of government : higher education corporations in Wales.

125

• (1) Any institution conducted by a higher education corporation in Wales shall be conducted in accordance with articles of government, to be made by the corporation with the approval of the Privy Council.

• (2) The articles of government—

• (a) shall determine the functions to be exercised in relation to the institution by the board of governors of the institution, the principal of the institution and the academic board of the institution; and

• (b) may regulate the constitution and functions of committees of the corporation and of the academic board of the institution and provide for the delegation of functions of the board of governors and the academic board to such committees, to the chairman of the corporation or to the principal.

• (3) The articles of government shall also make provision with respect to the procedure for meetings of the board of governors, of the academic board and of committees of the corporation and the procedure in relation to the appointment of members of the corporation (including in either case quorum and proxies), and may make provision with respect to—

• (a) procedures for the appointment, promotion, suspension and dismissal of staff;

• (b) procedures for the admission, suspension and expulsion of students; and

• (c) the appointment and functions of a clerk to the board of governors.

• (4) The articles of government may also make provision authorising the board of governors to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws with respect to—

• (a) the conduct of students and staff or either of them; and

• (b) any such procedures as are mentioned in subsection (3)(a) or (b) above.

• (5) Articles of government made under this section may be varied or revoked by subsequent articles made by the corporation with the approval of the Privy Council.

• (6) The Privy Council may by a direction under this section require higher education corporations in Wales, any class of such corporations specified in the direction or any particular higher education corporation in Wales so specified—

• (a) to amend their articles of government; or

• (b) to secure that any rules or bye-laws made in pursuance of their articles of government are amended by the board of governors;

in any manner so specified.

• (7) Before giving a direction under this section, the Privy Council shall consult the board of governors of the higher education corporation or (as the case may be) of each higher education corporation to which the direction applies.

Charitable status of a higher education corporation.

125A

A higher education corporation shall be a charity and—

• (a) a higher education corporation in England is, in accordance with Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act, and

• (b) a higher education corporation in Wales is, in accordance with regulations made in compliance with section 31(3) of that Act, excepted from registration under that Act.

Transfer of property, etc., to higher education corporations.

126

• (1) In the case of a higher education corporation established under section 121 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to the corporations so established.

• (2) In the case of a higher education corporation established under section 122 of this Act the transfer under this section shall take effect on such date as the Secretary of State may by order appoint in relation to that corporation.

• (3) Subject to subsection (5) below and section 198 of this Act, on the transfer date applicable in relation to a higher education corporation the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, that corporation.

• (4) The property, rights and liabilities referred to in subsection (3) above are—

• (a) all land or other property which, immediately before that date, was property of any local authority used or held for the purposes of the transferred institution; and

• (b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.

• (5) Subsection (3) above shall not apply to—

• (a) rights and liabilities under any contract of employment;

• (b) any liability of any such authority in respect of the principal of, or any interest on, any loan; or

• (c) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.

• (6) In this section “the transferred institution” means, in relation to any higher education corporation, the institution the corporation is established to conduct.

Transfer of staff to higher education corporations.

127

• (1) This section applies to any person who immediately before the transfer date applicable in relation to a higher education corporation established under section 121 or 122—

• (a) is employed by the transferor authority to work solely at the institution the corporation is established to conduct; or

• (b) is employed by that authority to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.

• (2) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the corporation.

• (3) Without prejudice to subsection (2) above—

• (a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the transfer date; and

• (b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.

• (4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

• (5) An order under this section may designate a person either individually or as a member of a class or description of employees.

• (6) References in this section, in relation to a higher education corporation, to the transferor authority, are references to the local authority by whom the institution that corporation is established to conduct is maintained immediately before the transfer date.

Dissolution of higher education corporations in Wales.

128

• (1) Subject to the following provisions of this section, the Secretary of State may by order provide for—

• (a) the dissolution of any higher education corporation in Wales; and

• (b) the transfer of property, rights and liabilities of the corporation to—

• (i) any person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;

• (iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) any body corporate established for purposes which include the provision of such facilities or services;

• (iii) the Commission for Tertiary Education and Research (“the Commission”)

• (iv) ...

• (v) ... the National Assembly for Wales.

• (2) An order under sub-paragraph (i) or (ii) of subsection (1)(b) above shall not provide for transferring the property, rights or liabilities of a higher education corporation in Wales to any person or body without the consent of that person or body; and where the recipient of a transfer under any order under subsection (1)(b) is not an educational charity any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

• (3) For the purposes of subsection (2) above, a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes.

• (4) Before making an order under this section in respect of a higher education corporation in Wales the Secretary of State shall consult—

• (a) the corporation; and

• (b) the Commission.

• (5) In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011.

• (6) An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.

Dissolution of higher education corporations in England

127A

• (1) If requested to do so by notice given by a higher education corporation in England, the Secretary of State may make an order providing for—

• (a) the dissolution of the corporation, and

• (b) the transfer of property, rights and liabilities of the corporation to—

• (i) a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;

• (ii) a body corporate established for purposes which include the provision of such facilities or services;

• (iii) the Office for Students.

• (2) An order under this section must not provide for transferring the property, rights or liabilities of a higher education corporation in England to a person or body without the consent of the person or body.

• (3) Subsection (4) applies where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes.

• (4) Any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

• (5) Before making an order under this section the Secretary of State must consult the Office for Students.

• (6) In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011.

• (7) An order under this section may apply section 127 with such modifications as the Secretary of State may consider necessary or desirable.

Designation of certain institutions for funding by the Polytechnics and Colleges Funding Council, etc.

Designation of institutions.

129

• (1) The Welsh Ministers may by order designate for the purposes of this section —

• (a) any institution in Wales which appears to them to fall within subsection (2) below; and

• (b) any institution in Wales which is, or is to be, conducted by a successor company to a higher education corporation.