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| Further education: governors. |
11. - (1) The Council may appoint a person to be a member of the governing body of an institution which-
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(a) falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and |
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(b) mainly serves the population of England. |
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(2) But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.
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Other functions |
| Research and information. |
12. - (1) The Council may carry out research relating to any matter relevant to any of its functions.
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(2) The Council must provide the Secretary of State with such information or advice as he requests about any matter in relation to which the Council has a function.
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(3) The Council may provide the Secretary of State with such information or advice as it thinks fit about any matter in relation to which it has a function.
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(4) The Council must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
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(5) The Council may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
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| Persons with learning difficulties. |
13. - (1) In discharging its functions under sections 2, 3 and 8 the Council must have regard-
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(a) to the needs of persons with learning difficulties, and |
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(b) in particular, to any report of an assessment conducted under section 114. |
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(2) If the Council is satisfied that it cannot secure the provision of adequate education or training for a person over compulsory school age who has a learning difficulty unless it also secures the provision of boarding accommodation for him, then-
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(a) in the case of a person who has not attained the age of 25, the Council must secure the provision of boarding accommodation for him, and |
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(b) in the case of a person who has attained the age of 25, the Council may secure that provision. |
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(3) A person has a learning difficulty if-
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(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or |
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(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training. |
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(4) 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.
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| Equality of opportunity. |
14. - (1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity-
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(a) between persons of different racial groups, |
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(b) between men and women, and |
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(c) between persons who are disabled and persons who are not. |
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(2) As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing-
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(a) a statement of the arrangements made under subsection (1) and having effect in the year; |
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(b) an assessment of how effective the arrangements were in promoting equality of opportunity. |
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(3) The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
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(4) The Council must send a copy of the report to the Secretary of State.
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(5) "Racial group" has the same meaning as in the Race Relations Act 1976.
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(6) Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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| Plans. |
15. - (1) The Council-
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(a) must make and publish a plan for each of its financial years; |
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(b) may make and publish such other plans as it thinks fit. |
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(2) A plan for the Council's first financial year must be published as soon as is reasonably practicable after the year starts.
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(3) A plan for any subsequent financial year of the Council must be published before the year starts.
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(4) A plan for a financial year must include-
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(a) proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the Secretary of State or with conditions imposed under section 27; |
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(b) the Council's financial proposals for the year, and in particular proposals as to how it plans to keep to its budget for the year. |
