The Education (Government of Further Education Corporations) (Former Sixth Form Colleges) Regulations 1992

Made: 6th August 1992

Laid before Parliament: 18th August 1992

Coming into force: 30th September 1992

In exercise of the powers conferred on the Secretary of State by sections 20(2), 21(1) and (2), 61(1)[^f00001] and 89(4) of, and Schedule 4 to, the Further and Higher Education Act 1992[^f00002] the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Education (Government of Further Education Corporations) (Former Sixth Form Colleges) Regulations 1992 and shall come into force on 30th September 1992.

Application

2

• (1) Subject to paragraph (2) below, these Regulations shall apply to—

• (a) further education corporations established under the following sections of the Further and Higher Education Act 1992—

• (i) section 15(1) and (3),

• (ii) section 16(2)(b), or

• (iii) section 16(3) for the purpose of conducting an educational institution, maintained by a local education authority, which 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 19 years; and

• (b) institutions conducted by them.

• (2) These Regulations shall not apply in the case of a further education corporation established to conduct an institution which, on the date the corporation was established, was a grant-maintained school or a voluntary aided school.

• (3) The instrument of government for each further education corporation to which these Regulations apply and the articles of government for each further education corporation and institution to which these Regulations apply shall be as set out in Schedules 1 and 2 respectively to these Regulations.

SCHEDULE 1 — INSTRUMENT OF GOVERNMENT

INDEX

1

Interpretation

2

3 & 4. Initial Composition of the Corporation

5

Initial Appointments

6

Determination of Membership Numbers

7

Subsequent Appointments

8

Appointment of Chairman, Vice-Chairman and Clerk to the Corporation

9

Persons Ineligible to be Members

10

Term of Office

11

Determination of Membership

12

Members not to be financially interested in the Institution

13

Meetings

14

Quorum

15

Proceedings of Meetings

16

Minutes

17

Public Access to Meetings

18

Publication of Minutes and Papers

19

Allowances to Members

20

Copies of Instrument of Government

21

Change of Name

22

Application of Seal

23

Accounts and Audit

24

Amendment of Instrument of Government

Interpretation

Initial Composition of the Corporation

3

• (1) The Corporation shall consist of not less than 10 and not more than 20 members appointed in accordance with the following provisions of this Instrument and shall include the person who is for the time being the Principal of the institution, unless he chooses not to be a member.

• (2) Of the appointed members—

• (a) not more than 12 (referred to in this Instrument as the independent members) shall be persons appearing to the appointing authority to be, or to have been, engaged or employed in business, industry or any profession or in any other field of employment relevant to the activities of the institution;

• (b) not less than 3 and not more than 6, or, in the case of a former voluntary controlled school, not less than 4 and not more than 10, (referred to in this Instrument as the nominee members) shall be persons nominated otherwise than by other members of the Corporation; and

• (c) not more than 3 (referred to in this Instrument as the co-opted members) co-opted by the members of the Corporation who are not co-opted members, of which not more than 2 may be employed by a local authority, other than as teachers (including head teachers or principals) or as members of a fire brigade maintained under the Fire Services Act 1947[^f00003], or be elected members of a local authority.

4

• (1) The nominee members of the Corporation shall consist of—

• (a) not more than 2 parent members;

• (b) not more than 2 staff members;

• (c) not more than 1 student member;

• (d) 1 TEC member; and

• (e) a number of foundation members (in the case of former voluntary controlled schools only) calculated in accordance with the following table:

Total membership of the Corporation	The minimum number of those members that must be foundation members
10	2
11—14	3
15—20	4

• (2) For the purposes of this Instrument a person who is not for the time being enrolled as a student at the institution shall be treated as such a student during any period when he has been granted leave of absence from the institution for the purposes of study or travel or for carrying out the duties of any office held by him in the student union at the institution.

• (3) It shall be for the appointing authority to determine any question as to whether any person is eligible or qualified in accordance with the provisions of this Instrument for appointment as a member of the Corporation of any description or category.

Initial Appointments

Determination of Membership Numbers

Subsequent Appointments

Appointment of Chairman, Vice-Chairman and Clerk to the Corporation

Persons Ineligible to be Members

Term of Office

Determination of Membership

Members not to be financially interested in the Institution

Meetings

Quorum

Proceedings of Meetings

Minutes

Public Access to Meetings

Publication of Minutes and Papers

Allowances to Members

Copies of Instrument of Government

Change of Name

Application of Seal

Accounts and Audit

Amendment of Instrument of Government

SCHEDULE 2 — ARTICLES OF GOVERNMENT

INDEX

1

Interpretation

2

Conduct of the Institution

3

Responsibilities of Corporation and Principal

4

Delegation of Functions and Committees

5, 6 & 7

Appointment and Promotion of Staff

8

Conduct of Staff

9

Academic Freedom

10

Suspension of Staff

11 & 12

Dismissal of Staff

13

Grievance Procedures

14

Students

15

Financial Matters

16

Rules and Bye-Laws

17

Copies of Articles of Government, Rules and Bye-Laws

18

Amendment of Articles of Government

19

Date of Articles of Government

Interpretation

Conduct of the Institution

Responsibilities of Corporation and Principal

Delegation of Functions and Committees

Appointment and Promotion of staff

5

Each member of staff shall serve under a contract of employment with the Corporation.

6

• (1) Upon the occurrence of a vacancy or expected vacancy in a senior post, the Corporation shall—

• (a) advertise the vacancy nationally; and

• (b) appoint a selection panel consisting of at least 3 members of the Corporation and, except when it is his post which is being considered, the Principal.

• (2) The selection panel shall—

• (a) determine the arrangements for selecting applicants for interview;

• (b) interview those applicants; and

• (c) where they consider it appropriate to do so, recommend to the Corporation for appointment one of the applicants interviewed by them.

• (3) If the Corporation approve the selection panel’s recommendation that person shall be appointed.

• (4) If the selection panel are unable to agree on a person to recommend to the Corporation, or if the Corporation do not approve their recommendation, the Corporation may require the panel to repeat the steps specified in paragraph (2), with or without first re-advertising the vacancy.

7

The Principal shall have general responsibility for selecting for appointment all members of staff other than appointments to senior posts.

Conduct of Staff

Academic Freedom

Suspension of Staff

Dismissal of Staff

11

• (1) If the Chairman, or in his absence the Vice-Chairman, or a majority of the members of the Corporation, consider that it may be appropriate for the Corporation to dismiss the holder of a senior post, then the Chairman, Vice-Chairman or Corporation as appropriate shall refer the matter to a Special Committee of the Corporation, which shall be convened as soon as practicable to examine the case for dismissal and to make recommendations to the Corporation.

• (2) The person whose dismissal is to be considered by the Special Committee shall have the right to make representations to that Committee, including oral representations, for which purpose he may be accompanied and represented by a friend.

• (3) The Special Committee shall prepare a written report for consideration by the Corporation, a copy of which shall be sent to the person to whom it relates.

• (4) The Corporation shall consider the recommendations of the Special Committee and take such action as they consider appropriate, which may include the dismissal of the person concerned. The person concerned shall have the right to make representations to the Corporation with regard to the recommendations of the Special Committee, including oral representations for which purpose he may be accompanied and represented by a friend.

• (5) The Special Committee shall consist of five members of the Corporation. The Chairman of the Corporation, the Vice-Chairman, the Principal and the staff and student members shall not be eligible for membership of the Special Committee.

• (6) The Corporation shall make rules specifying procedures, including appropriate time limits relating thereto, for the conduct of the Special Committee and other aspects of the procedure set out in this article.

12

• (1) The Principal may dismiss any member of the staff of the institution other than the holder of a senior post and if the circumstances are such that he is entitled to do so by virtue of the conduct of that member of staff that dismissal may take immediate effect without any need for prior notice.

• (2) Unless the circumstances described in paragraph (1) prevail, a member of staff, other than the holder of a senior post, shall have the right to make representations (including oral representations, for which purpose he may be accompanied by a friend) to the Principal or to any person appointed to investigate the matter and to make recommendations, as the Corporation may decide, before any decision to dismiss him is taken.

• (3) Where a member of staff, other than the holder of a senior post, has been dismissed pursuant to paragraph (1) or a notice of dismissal has been issued, that member of staff may appeal against the dismissal or notice of dismissal, as the case may be, to the Corporation. In the case of an appeal against a notice of dismissal, the dismissal shall not take effect until the appeal has been determined.

• (4) Procedures for the dismissal of staff by the Principal and for the consideration of appeals against dismissals and notices of dismissal, including appropriate time limits relating thereto, shall be specified in rules made by the Corporation after consultation with the staff.

Grievance Procedures

Students

Financial Matters

Rules and Bye-laws

Copies of Articles of Government, Rules and Bye-laws

Amendment of Articles of Government

Date of Articles of Government

Signed

Emily M. Blatch — Minister of State, — Department for Education — 6th August 1992

David Hunt — Secretary of State for Wales — 6th August 1992

Explanatory note

(This note is not part of the Regulations)

This Order prescribes in Schedule 1 the instrument of government for certain further education corporations established under the Further and Higher Education Act 1992 ( “the Act ”). These are further education corporations established to conduct the following classes of educational institutions maintained by local education authorities—

• (a) under section 15(1) and (3) of the Act, institutions which, on 17th January 1991, had not less than 60 per cent. of their pupils receiving full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 years; and

• (b) under section 16(2)(b) or (3) of the Act, institutions which are principally concerned with the provision of such education.

Such institutions are commonly described as sixth form colleges. The Order also prescribes in Schedule 2 the articles of government for such corporations and the institutions conducted by them.

The Order does not apply in relation to former grant-maintained schools and voluntary aided schools.

Footnotes

[^f00001]: See the definition of “regulations”.

[^f00002]: 1992 c. 13.

[^f00003]: 1947 c. 41.

[^f00004]: In the case of a Corporation established under section 15(1) and (3) of the Further and Higher Education Act 1992 these two dates are 30th September 1992 and 1st April 1993 respectively.