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|
| |
| | |
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| (7) | A further education corporation in Wales may, with the consent |
|
| |
| (a) | make new articles of government in place of their existing |
|
| |
| (b) | modify their existing articles. |
|
| (8) | The Welsh Ministers may by a direction under this section |
|
| require further education corporations in Wales, any class of |
|
| such corporations specified in the direction or any particular |
|
| further education corporation so specified— |
|
| (a) | to modify, replace or revoke their articles of government, |
|
| |
| (b) | to secure that any rules or bye-laws made in pursuance of |
|
| their articles of government are modified, replaced or |
|
| |
| | in any manner so specified. |
|
| (9) | Before giving a direction under this section, the Welsh Ministers |
|
| must consult the further education corporation or (as the case |
|
| may be) each further education corporation to which the |
|
| |
50 | Page 90, line 19, leave out paragraph 4 and insert— |
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| “ | For section 27 substitute— |
|
| “27 | Proposals for dissolution of further education corporations: |
|
| |
| (1) | This section applies if a further education corporation in England |
|
| propose that the corporation should be dissolved. |
|
| (2) | The corporation must publish details of the proposal, and such |
|
| other information as may be prescribed, in accordance with |
|
| |
| (3) | The corporation must consult on the proposal, and take account |
|
| of the views of those consulted, in accordance with regulations. |
|
| 27A | Dissolution of further education corporations: England |
|
| (1) | This section and section 27B apply if, after complying with |
|
| section 27, a further education corporation in England resolve |
|
| that the corporation should be dissolved on a specified date. |
|
| (2) | “The dissolution date” means the date specified in a resolution |
|
| |
| (3) | The corporation must notify the Secretary of State of the |
|
| resolution and the dissolution date as soon as reasonably |
|
| |
| (4) | The corporation are dissolved on the dissolution date. |
|
| 27B | Dissolution of further education corporations: England: transfer of |
|
| property, rights and liabilities |
|
| (1) | At any time before the dissolution date, the corporation may |
|
| transfer any of their property, rights or liabilities to such person |
|
|
|
| |
| | |
|
| or body, or a person or body of such description, as may be |
|
| |
| (2) | The corporation may do so only with the consent of the person or |
|
| |
| (3) | A transfer under subsection (1) has effect on the dissolution date. |
|
| (4) | Subsection (5) applies if a person or body prescribed, or of a |
|
| description prescribed, under subsection (1) is not a charity |
|
| established for charitable purposes which are exclusively |
|
| |
| (5) | Any property transferred to the person or body must be |
|
| transferred on trust to be used for charitable purposes which are |
|
| exclusively educational purposes. |
|
| 27C | Dissolution of further education corporations: Wales |
|
| (1) | Subject to the following provisions of this section, the Welsh |
|
| Ministers may by order provide for— |
|
| (a) | the dissolution of a further education corporation in |
|
| |
| (b) | the transfer to any person mentioned in subsection (2) or |
|
| (3) of property, rights and liabilities of the corporation. |
|
| (2) | Such property, rights and liabilities may, with the consent of the |
|
| person or body concerned, be transferred to— |
|
| (a) | any person appearing to the Welsh Ministers to be wholly |
|
| or mainly engaged in the provision of educational |
|
| facilities or services of any description, or |
|
| (b) | any body corporate established for purposes which |
|
| include the provision of such facilities or services. |
|
| (3) | Such property, rights and liabilities may be transferred to a |
|
| higher education funding council. |
|
| (4) | 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, any property transferred |
|
| must be transferred on trust to be used for charitable purposes |
|
| which are exclusively charitable purposes. |
|
| (5) | An order under this section may apply section 26 with such |
|
| modifications as the Welsh Ministers consider necessary or |
|
| |
| (6) | Before making an order under this section in respect of a further |
|
| education corporation, the Welsh Ministers must consult— |
|
| |
| (b) | the Chief Executive of Skills Funding, if the institution |
|
| conducted by the corporation mainly serves the |
|
| population of England, or receives financial support from |
|
| the Chief Executive of Skills Funding.”” |
|
51 | Page 90, line 21, leave out paragraph 5 and insert— |
|
| “ | For section 29 substitute— |
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|
|
| |
| | |
|
| “29 | Government and conduct of designated institutions |
|
| (1) | This section applies to a designated institution, other than— |
|
| (a) | an institution conducted by a company, or |
|
| (b) | an institution conducted by an unincorporated |
|
| association, if the order designating the institution |
|
| provides for its exemption. |
|
| (2) | For each designated institution to which this section applies, |
|
| |
| (a) | an instrument providing for the constitution of a |
|
| governing body of the institution (to be known as the |
|
| instrument of government), and |
|
| (b) | an instrument in accordance with which the institution is |
|
| to be conducted (to be known as the articles of |
|
| |
| (3) | In sections 29A to 29C— |
|
| “instrument” means an instrument of government or |
|
| |
| “regulatory instrument”, in relation to an institution, |
|
| |
| (a) | an instrument of government or articles of |
|
| |
| (b) | any other instrument relating to or regulating the |
|
| |
| 29A | First post-designation instruments and articles of designated |
|
| institutions: England and Wales |
|
| (1) | The first post-designation instrument and articles of government |
|
| of a designated institution to which section 29 applies must each |
|
| comply with subsection (3) and (if the institution is in Wales) |
|
| |
| (2) | The “first post-designation instrument and articles of |
|
| government” of a designated institution are the first instrument |
|
| of government and articles of government that the institution has |
|
| after the designation takes effect. |
|
| (3) | The instrument must meet one of the following requirements— |
|
| (a) | the instrument was in force when the designation took |
|
| effect and is approved for the purposes of this section by |
|
| the appropriate authority; |
|
| |
| (i) | is made in pursuance of a power under a |
|
| regulatory instrument or (where there is no such |
|
| power) by the governing body of the institution, |
|
| |
| (ii) | (in either case) is approved for the purposes of |
|
| this section by the appropriate authority; |
|
| (c) | the instrument is made by the appropriate authority by |
|
| |
| (4) | An instrument made by the governing body under subsection |
|
| (3)(b) or the appropriate authority under subsection (3)(c) may |
|
| replace wholly or in part an existing regulatory instrument. |
|
|
|
| |
| | |
|
| (5) | Before making an instrument under subsection (3)(c), the |
|
| appropriate authority must, so far as it appears practicable to do |
|
| |
| (a) | the governing body of the institution, and |
|
| (b) | where there is power under a regulatory instrument to |
|
| make the instrument, and that power is exercisable by |
|
| persons other than the governing body of the institution, |
|
| the persons by whom the power is exercisable. |
|
| (6) | If the institution is in Wales, provision made by the instrument in |
|
| relation to the appointment of members of the governing body |
|
| must take into account the members who may be appointed by |
|
| the Welsh Ministers under section 39 of the Learning and Skills |
|
| |
| (7) | In this section “the appropriate authority”— |
|
| (a) | in relation to an institution in England, means the |
|
| |
| (b) | in relation to an institution in Wales, means the Welsh |
|
| |
| 29B | Changes to instruments and articles: England |
|
| (1) | This section applies to a designated institution in England which |
|
| is an institution to which section 29 applies. |
|
| (2) | The governing body of the institution may modify or replace its |
|
| instrument of government and articles of government. |
|
| (3) | The instrument of government and articles of government (as |
|
| |
| (a) | must comply with the requirements of Part 2 of Schedule |
|
| |
| (b) | subject to that, may make such other provision as may be |
|
| |
| 29C | Changes to instruments and articles: Wales |
|
| (1) | This section applies to a designated institution in Wales which is |
|
| an institution to which section 29 applies. |
|
| (2) | Subject to subsection (3), the governing body of the institution |
|
| may modify, replace or revoke its instrument of government and |
|
| articles of government if — |
|
| (a) | the instrument falls within section 29A(3)(a), |
|
| (b) | the instrument was made by the governing body, or |
|
| (c) | the instrument was made in pursuance of a power under |
|
| a regulatory instrument, where there is no other power to |
|
| |
| (3) | An instrument approved under section 29A(3)(a) or (b) by the |
|
| Welsh Ministers may not be modified, replaced or revoked |
|
| without the consent of the Welsh Ministers. |
|
| (4) | The Welsh Ministers may by order modify, replace or revoke the |
|
| instrument of government or articles of government of the |
|
| |
|
|
| |
| | |
|
| (5) | Before making an order under subsection (4), the Welsh |
|
| Ministers must, so far as it appears practicable to do so, consult— |
|
| (a) | the governing body of the institution, and |
|
| (b) | where there is power under a regulatory instrument to |
|
| make the instrument, and that power is exercisable by |
|
| persons other than the governing body of the institution, |
|
| the persons by whom the power is exercisable.” |
|
52 | Page 90, line 22, at end insert— |
|
| “ | In section 30 (special provision for certain institutions), in subsection (1) |
|
| for “section 29” substitute “sections 29 to 29C”.” |
|
53 | Page 90, line 32, at end insert— |
|
| “ | In section 33E (principal powers of a sixth form college corporation), in |
|
| subsection (2), after “subsection (1)” insert “and (in the case of a sixth |
|
| form college corporation to which section 33J applies) section 33J(1A)”” |
|
54 | Page 90, line 33, at end insert— |
|
| “( ) | in subsection (6)(e)(ii), for “27” substitute “27C or 33P”;” |
|
55 | Page 90, line 39, at end insert— |
|
| “ | In section 33I(2) (instrument and articles of government of sixth form |
|
| |
| (a) | in paragraph (a), after “requirements of” insert “Part 2 of”; |
|
| (b) | for paragraph (b) substitute— |
|
| “(b) | subject to that, may make such other provision as |
|
| may be necessary or desirable.”” |
|
56 | Page 90, line 39, at end insert— |
|
| “ (1) | Section 33J (special provision for certain institutions) is amended as |
|
| |
| (2) | After subsection (1) insert— |
|
| “(1A) | A sixth form college corporation to which this section applies |
|
| may (accordingly) conduct the relevant sixth form college in a |
|
| way that secures that the established character of the sixth form |
|
| college is preserved and developed (and, in particular, in a way |
|
| that is in accordance with any trust deed relating to the college).” |
|
| |
| (a) | for “reference in subsection (1)(a) to the established character of |
|
| a sixth form college is” substitute “references in subsections (1)(a) |
|
| and (1A) to the established character of a sixth form college are”; |
|
| (b) | for “a reference” substitute “references”.” |
|
57 | Page 91, line 1, leave out paragraph (b) and insert— |
|
| “(b) | for subsection (2) substitute— |
|
| “(2) | An order under subsection (1) may not be made unless— |
|
| (a) | the Secretary of State has consulted the |
|
| |
| (b) | in the case of a sixth form college corporation to |
|
| which section 33J applies, the trustees of the |
|
|
|
| |
| | |
|
| relevant sixth form college have given their |
|
| |
58 | Page 91, line 2, leave out paragraphs 12 and 13 and insert— |
|
| “ | For section 33L substitute— |
|
| “33L | Changes to instruments and articles |
|
| (1) | A sixth form college corporation may modify or replace their |
|
| instrument of government or articles of government. |
|
| (2) | A sixth form college corporation to which section 33J applies may |
|
| do the things mentioned in subsection (1) only with the consent |
|
| of the trustees of the relevant sixth form college.” |
|
| | For section 33N substitute— |
|
| “33N | Proposals for dissolution of sixth form college corporations |
|
| (1) | This section applies if a sixth form college corporation propose |
|
| that the corporation should be dissolved. |
|
| (2) | The corporation must publish details of the proposal, and such |
|
| other information as may be prescribed, in accordance with |
|
| |
| (3) | The corporation must consult on the proposal, and take account |
|
| of the views of those consulted, in accordance with regulations. |
|
| 33O | Dissolution of sixth form college corporations |
|
| (1) | This section and section 33P apply if, after complying with |
|
| section 33N, a sixth form college corporation resolve that the |
|
| corporation should be dissolved on a specified date. |
|
| (2) | “The dissolution date” means the date specified in a resolution |
|
| |
| (3) | The corporation must notify the Secretary of State of the |
|
| resolution and the dissolution date as soon as reasonably |
|
| |
| (4) | The corporation are dissolved on the dissolution date. |
|
| 33P | Dissolution of sixth form college corporations: transfer of |
|
| property, rights and liabilities |
|
| (1) | At any time before the dissolution date, the corporation may |
|
| transfer any of their property, rights or liabilities to such person |
|
| or body, or a person or body of such description, as may be |
|
| prescribed, subject to subsection (4). |
|
| (2) | The corporation may do so only with the consent of the person or |
|
| |
| (3) | A transfer under subsection (1) has effect on the dissolution date. |
|
| (4) | In the case of a sixth form college corporation to which section 33J |
|
| applies, any property held by the corporation on trust for the |
|
| purposes of the relevant sixth form college must be transferred to |
|
| the trustees of the relevant sixth form college. |
|
|
|
| |
| | |
|
| (5) | Subsection (6) applies if a person or body prescribed, or of a |
|
| description prescribed, under subsection (1) is not a charity |
|
| established for charitable purposes which are exclusively |
|
| |
| (6) | Any property transferred to the person or body must be |
|
| transferred on trust to be used for charitable purposes which are |
|
| exclusively educational purposes. |
|
| (7) | Subsection (6) does not apply to property transferred to the |
|
| person or body by virtue of subsection (4).”” |
|
59 | Page 92, line 7, leave out paragraph 15 and insert— |
|
| “15 | Section 49A (guidance about consultation with students and |
|
| employees), as it has effect in relation to England, is repealed.” |
|
60 | Page 92, line 12, at end insert— |
|
| “ | Section 51 (publication of proposals) is repealed.” |
|
61 | Page 92, line 23, at end insert— |
|
| “( ) | In subsection (7), after “include” insert “— (a)” and at the end insert— |
|
| “(b) | a direction requiring a governing body to make a |
|
| resolution under section 27A(1) for the body to be |
|
| dissolved on a date specified in the direction. |
|
| (7A) | A governing body to which a direction such as is mentioned in |
|
| subsection (7)(b) is given is to be taken for the purposes of section |
|
| 27A(1) to have complied with section 27 before making the |
|
| resolution required by the direction.”” |
|
62 | Page 93, leave out lines 2 to 11 and insert— |
|
| “(4) | Subsections (4A) and (4B) apply to a sixth form college which is |
|
| specified, or falls within a class specified, in an order under |
|
| |
| (4A) | Before doing one or more of the things listed in subsection (6), the |
|
| Secretary of State must consult— |
|
| (a) | the trustees of the sixth form college, and |
|
| (b) | each person or body with power under the college’s |
|
| instrument of government to appoint or nominate one or |
|
| more of its foundation governors. |
|
| (4B) | After carrying out a consultation under subsection (4A), the |
|
| Secretary of State must give the persons and bodies consulted a |
|
| |
| (a) | what the Secretary of State has decided to do; |
|
| (b) | the reasons for the decision.”” |
|
63 | Page 93, line 13, leave out from “for” to end of line 14 and insert ““authority do one |
|
| or more of those things, the authority” substitute “Secretary of State does one or |
|
| more of the things listed in subsection (6), the Secretary of State”” |
|
64 | Page 93, line 21, at end insert— |
|
| “( ) | In subsection (7), after “include” insert “— (a)” and at the end insert— |
|
|