immunity or privilege of the Crown; and the property of the council shall not be regarded as property of, or property held on behalf of, the Crown. All new appointments were made under the revised terms and conditions. (a) 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, or In section 230 (stamp duty) - (4) On the appointed day a body corporate shall be established, for each institution so specified, for the purpose of conducting the institution as from the operative date. (a) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of higher education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of higher education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of higher education or in carrying responsibility for such provision, and (1) This section applies where a local authority have entered into a contract to which section 41 of this Act applies in contravention of that section. (2) Section 124B(7) of, and paragraph 18 of Schedule 7 to. [page 26] (a) a designated institution for the purposes of Part I or Part II of this Act, and MISCELLANEOUS AND GENERAL Application of seal and proof of instruments. (b) shall not be members of the council. 11. ", and. [page 81] (5) In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by institutions outside the further education sector or higher education sector. In section 136 (transfer to Polytechnics and Colleges Funding Council of property and staff of National Advisory Body for Public Sector Higher Education) - 43. Delegation of Functions (1) Each of the following shall give a council such information as they may require for the purposes of the exercise of any of their functions under this Part of this Act - They are able to handle business papers of any subject, length, deadline, and difficulty! (9) It shall be the duty of the transferor and of the Education Assets Board to keep one another informed of any case where the transferor or the transferee under a transfer to which this Schedule applies may be prejudiced by subparagraph (5) above or any judgment or order given by virtue of sub-paragraph (8) above. (a) shall comply with the requirements of Schedule 4 to this Act, and 12. 1972 c. 11.The Superannuation Act 1972.In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council. (b) empower the determining authority to proceed to a determination taking into account only such written representations and supporting documents as were submitted within the time limit, and (5) In subsection (9) (interpretation) - (b) full-time further or higher education at an institution other than a school; 2 (1) An instrument shall provide for the number of members of the further education corporation, the eligibility of persons for membership and the appointment of members. 2 (1) An instrument shall provide for the number of members of the further education corporation, the eligibility of persons for membership and the appointment of members. appropriate further education funding councilsection 1(6) (i) for "universities, institutions within the PCFC funding sector" there is substituted "institutions within the higher education sector", and The application of the seal of the council shall be authenticated by the signature - Any member of the Further Education Funding Council for Wales in receipt of remuneration. Provision for further education colleges was laid out in sections 41 to 47 of the Education Act 1944; their role was to offer "full-time and part-time education" and "leisure-time occupation" for persons over compulsory school age. the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant. and (b) institutions conducted by higher education corporations, and In section 227 (application to Wales) subsections (2) to (4) are omitted. [page 16] (1) If the Secretary of State is satisfied that the affairs of any institution within the further education sector have been or are being mismanaged, he may on the recommendation of the appropriate council by order - only the other part or parts of the estate or interest. (a) to furnish the person, or any person authorised by him, with such information, and (a) that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and (a) for paragraph 1(4) there is substituted - [page 99] 79 (1) In section 25(6) (general duty in public sector of education) - Open or distance learning0.075 (7) Either of the instruments referred to in subsection (2) above may be modified by order of the Privy Council and no instrument approved by the Privy Council for the purposes of this section may be modified by any other person without the Privy Council's consent. (2) If as a result of any such transaction any person's rights or liabilities become enforceable as to part by or against the transferor and as to part by or against the transferee, the Education Assets Board shall give that person written notification of that fact. 2 (1) An instrument shall provide for the number of members of the further education corporation, the eligibility of persons for membership and the appointment of members. 41. Dissolution of further education corporations (1) After section 122 of the Education Reform Act 1988 (c. 40) (orders incorporating higher education institutions maintained by local education authorities) there is inserted - In section 122 (orders incorporating higher education institutions maintained by local education authorities) subsections (2) to (5) are omitted. In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there is inserted in the appropriate place - The descriptions of courses of further education referred to in section 3(1) of this Act are the following - (2) An instrument may provide for the nomination of any person for membership by another, including by a body nominated by the Secretary of State. (2) The Education Acts 1944 to 1990. the School Teachers' Pay and Conditions Act 1991 (c. 49) and this Act may be cited together as the Education Acts 1944 to 1992. In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted. An instrument shall require the corporation to keep proper accounts and proper records in relation to the accounts and to prepare in respect of each financial year of the corporation a statement of accounts. (d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part. 73 Government and conduct of designated institutions (b) the definitions of "part-time senior education" and "post-school age education" are omitted, The Education Act 1946 (c. 50) (7) Before making an order under this section in respect of a further education corporation the Secretary of State shall consult -. "(da) any institution within the further education sector within the meaning of section 91 (3) of the Further and Higher Education Act 1992". (7) In this section "the appointed day" means the day appointed under section 94 of this Act for the commencement of subsection (4) above. (c) in subsection (8) for "(1) to (6)" there is substituted "(1) and (2)", and 1 (1) Any property, rights and liabilities of a transferor authority held or used, or subsisting -. 10. Further and Higher Education (Scotland) Bill. [page 86] Delivery of documents to transferee The Education Act 1980 (c. 20) Further Education Funding Council for Wales. (b) supply goods or services in connection with their provision of education, (2) For the purposes of subsection (1) above, goods are supplied in connection with the provision of education by a further education corporation if they result from -, (b) the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or. (b) subject to subsection (8) below, a person employed by the transferor is to be regarded as employed to work solely at an institution if his only employment with the transferor (disregarding any employment under a separate contract with the transferor) is for the time being at that institution. institutions within the PCFC funding sector section 90(4) (3) References to institutions within the further education sector are to - (c) paragraph 19 is omitted. 1. You can contact our live agent via WhatsApp using +1 718 717 2861, The General Data Protection Regulation (GDPR) act. (4) On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the council and the terms and conditions of his appointment, the Secretary of State shall - (4) On an appeal under this paragraph the Secretary of State may - (b) where there is such a power as is mentioned in subsection (3)(b) above to modify the instrument and the persons having that power are different from the governing body of the institution, the persons having the power, Do you have responsibilities that may hinder you from turning in your assignment on time? NEW SCHEDULE 7A TO THE EDUCATION REFORM ACT 1988 Transfer of property, etc. We have a quality assurance that reviews the paper before it gets to you. The Education Reform Act /988 (c. 40) (a) are to institutions whose activities are carried on, or principally carried on, in England or, as the case may be, Wales, but 5. COURSES OF FURTHER EDUCATION (1) The Privy Council may by order specify any institution which provides higher education as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) and (b) below. (b) in relation to an institution not so conducted, any persons specified in the order designating the institution as persons appearing to the Secretary of State to be trustees holding property for the purposes of that institution, or. Day release0.3 (d) the governing body of any institution designated under section 129 of this Act, as originally enacted; 6 (1) Where a transfer to which this Schedule applies relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee. The House of Commons Disqualification Act 1975 (c. 24) (1) It shall be the duty of each council to secure the provision for the population of their area of sufficient facilities for education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years. (3) The governing body of a further education institution shall be deemed to be fulfilling its duty under this section if religious education is provided at a time or times at which it is convenient for the majority of full time students to attend. (b) after those paragraphs there is inserted - (b) if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer. (1) Before the appointed day the Secretary of State shall by order specify - (b) for paragraph (c) there is substituted - 9. [page 56] loan or other payment to the institution subject to any terms or conditions - (b) for the words from "institutions designated" to "local education authorities" there is substituted "institutions receiving recurrent grants towards their costs from a further education funding council". (3) The authority may - (1) In exercising their functions under this Part of this Act, each council shall comply with any directions contained in an order made by the Secretary of State. (b) the manner in which the information contained in it is to be presented. (1) In this section "institution of voluntary origin" means a further education institution which, when it became a further education institution, was a voluntary school or a grant-maintained school which was a voluntary school before it became grant-maintained. Higher education corporations: constitution and conduct. institutions within or outside the higher education sectorsections 61(3)(a) and 91(5) (a) the memorandum or articles of association of the company, or of local authority institutions, other than schools, and advice to Secretary of State. (a) the rights or liabilities of any person other than the transferor or the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and For the purposes of section 22, "pupil" includes, in England and Wales, any person who receives education at a school or institution to which that section applies." The instrument may provide for the corporation to establish committees and permit such committees to include persons who are not members of the corporation. Voluntary transfers of staff in connection with section 34. (a) such bodies representing the interests of institutions within the further education sector as appear to the council to be concerned, and (8) Before exercising any power under subsection (7) above in relation to any instrument the Privy Council shall consult - (a) his successor shall not be appointed more than six months before the expiry of that term; and 58. (b) the duty is to be performed, or the power may be exercised, both in relation to such persons at schools maintained by a local education authority and in relation to such persons at grant-maintained schools; (b) may cause an inspection to be made by persons authorised by them. (4) On an appeal under this paragraph the Secretary of State may - if the corporation so requires. 3. (ii) plus such amount as may be prescribed in respect of any surplus, and (b) the appropriate council. Paragraphs 62 to 64 below shall have effect, in place of paragraph 3 of Schedule 10 (supplementary provisions with respect to transfers) in the case of any transfer by virtue of section 126 or 130 and in such a case references to that paragraph of Schedule 10 shall be construed as references to paragraphs 62 to 64 below. (b) raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person. Documents of title 73. ChapterShort titleExtent of repeal Your email is safe, as we store it according to international data protection rules. References in this Schedule, in relation to a corporation, to a variable category of members are references to any category of members in relation to which the number applicable in accordance with paragraph 3 above is subject to variation." (b) for the admission, suspension and expulsion of students. the instrument may be modified by those persons. Congress has completed its work reauthorizing the Higher Education Act (HEA), and the president has signed the new amendments into law. 47. In Schedule 7 (Higher Education Corporations) - and shall be given not earlier than twelve months, nor later than eight months, before the leaving date. designated institution (in Part I)section 28(4) (c) after "the Education Act 1944" there is inserted "or the Further and Higher Education Act 1992", and (1) Where - First post-designation instruments and articles of designated institutions Special provision for certain institutions. (2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman of the council. 73 Government and conduct of designated institutions (b) the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or (b) if such an agreement has not been reached within such period as may be prescribed by regulations, Name of corporation (2) An appointment of a member of a governing body of an institution under subsection (1) above shall have effect as if made in accordance with the instrument of government and articles of government of the institution. (b) where that deed or instrument, or any other instrument relating to or regulating the institution concerned, confers power on any other persons to modify or replace that deed or instrument, those persons; and, (c) where the instrument to be modified is a trust deed and the trustees are different from the persons mentioned in paragraphs (a) and (b) above, the trustees.". [page 47] [page 78] You can order your finance paper from our academic writing service and get 100% original work from competent finance experts. (b) immediately before the operative date, any of the terms and conditions of his employment have effect by virtue of a pay and conditions order. (a) references to a designated assisted institution are references to an institution designated by or under regulations made, or having effect as if made, under section 218(10)(b) of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from local education authorities, and (b) the leaving date; (b) in subsection (5)(ab) "and are not designated establishments of higher or further education" is omitted. 87 Transfers of property, etc: supplementary provision subject to subsection (5) below. (2) The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed. is not the language spoken at home, (3) A statutory instrument containing any order or regulations under this Act, other than an order under section 94, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) This section does not apply to a contract to dispose of land or to grant or dispose of any interest in land. The equivalent Act for Scotland was the Further and Higher Education (Scotland) Act 1992. 1986 c. 61.The Education (No. [page 75] No need to torture yourself if finance is not your cup of tea. (c) a firm each of the members of which is a member of that institute. Transfer of property, etc., to designated institutions. and (8) In subsection (7) above, "the appropriate transferee" means - (b) the numbers arrived at under sub-paragraph (3) below for each mode of attendance at such courses specified in the first three entries in column 1 of the table in paragraph 2 below. An instrument shall make provision about the procedures of the corporation and of the institution. 61 Interpretation of Part I, 62 The Higher Education Funding Councils 8. 2. "18A Discrimination by Further Education and Higher Education Funding Councils Check out our terms and conditions if you prefer business talks to be laid out in official language. as the council may from time to time require. At the end of section 56 (power to provide primary and secondary education otherwise than at school) (which becomes subsection (1)) there is added - (5) In this section and section 66 of this Act "higher education institution" means a university, an institution conducted by a higher education corporation or a designated institution. (4) For subsection (3) there is substituted - 25. 32. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 20. "4. (a) a local education authority propose to make any change in any arrangements for any special school as to the pupils for whom provision is made or the special educational provision made for them or propose to cease to maintain any special school, and "(2) In this section "secondary education" includes any full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years and, for the purposes of the Education Acts 1944 to 1992 - of its total full-time equivalent enrolment number", and Further Education Funding Council for Wales. 29. (c) after subsection (7) there is inserted - The Further Education Funding Councils. 63 Dissolution of existing councils (4) References in this Part of this Act to the operative date. (3) Where an appointment of an additional independent member of the corporation falls to be made in consequence of a determination in accordance with paragraph 4 above. (2) The governing body of every further education institution except an institution which on the appointed day was a college of further education shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it. In section 58 of that Act (travelling and subsistence allowances for governors of schools and establishments of further education) - 56. 8 (1) The council may establish a committee for any purpose. (i) he is provided for the purposes of the course with learning material for private study, and Where it is helpful, a brief editorial comment has been inserted to place the quoted extract in context. (c) at any institution within the further education sector, or (2) The enactments mentioned in Schedule 9 to this Act are repealed to the extent mentioned in the third column. (a) an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989 (c. 40); After that section there is inserted - they shall continue to be so held by the transferee. The application of the seal of the council shall be authenticated by the signature - 18. 2) Act 1986 23.In section 49(3) of that Act (appraisal of performance of 27.The Education Reform Act 1988 is amended as follows. Salaries, allowances and pensions Number of Pages: 120. 38 Payments by council in respect of loan liabilities Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch. Part-time (other than day release but including some day-time study). 31. In section 5(3) of that Act (amendment and consolidation of enactments as to provision of clothing) after paragraph (a) there is inserted - The Whole 1944 c. 31.The Education Act 1944.Section 8(3).Section 67(4A).In section 85(2) and (3) "for providing primary or secondary education".In section 114(1), the definitions of "part-time senior education" and "post-school age education".Section 114(1A), (1B) and (1C). (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. 5. (1) This section applies to any excepted loan liability, that is, any liability of a local authority which -, (b) in the case of a transfer by virtue of section 32 of this Act, would have been transferred but for subsection (4)(a) of that section, or. (a) for "any person under subsection (3)" there is substituted "a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B)", and ExpressionRelevant provision 22. (b) for "notification under subsection (3)" there is substituted "notification under subsection (3A) or (3B)". (b) inspect and report on any such local education authority institution, or any such class of local education authority institution, as may be so specified.
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