Memorandum by the Department for Education
Education (Publication of Draft Proposals
and Orders) (Further Education
Corporations) (England) Regulations 2001 (S.I. 2001/782)
1. The Committee has requested a memorandum on the
"In a case where a draft
proposal or draft order relates to an existing institution, regulations
4(2)(c) and 6(1)(iii) require a summary of the draft proposal
or order to be published by being posted at or near the main entrance
to that institution. Is it intended that, in a case where the
institution has more than one main entrance, the summary must
be posted at or near all of them? If so, explain why (unlike regulation
4(2)(c) and (3)(b) of S.I. 2001/798) no express provision is made
to this effect".
2. Regulations 4(2)(c) and 6(1)(iii) of S.I. 2001/782
relate to the publication of orders for the establishment or dissolution
of further education corporations and provide that where the proposals
relates to an existing institution a summary of the proposals
must be posted at or near the main entrance to the institution.
On the other hand, as the committee has pointed out, under the
School Organisation Proposals by the Learning and Skills Council
for England Regulations 2001 (S.I. 2001/798) proposals by
the Learning and Skills Council for England which are proposals
for the closure of an inadequate sixth form at school have to
be posted "at or near the main entrance to the school, or,
if there is more than one main entrance, all of them".
3. S.I. 2001/782 revokes and re-enacts with amendments
the Education (Publication of Draft Proposals and Orders) (Further
Education Corporations) Regulations 1992. The 1992 regulations
contained the same provisions requiring a summary of the draft
order to be posted at or near the main entrance to the institution.
S.I. 2001/798 on the other hand uses the same wording as other
regulations relating to proposals to establish, alter or discontinue
schoolssee for example regulation 5(3)(f) of the Education
(School Organisation Proposals (England) Regulations 1999 (S.I. 1999/2213)
and, for earlier periods regulation 4(c) of the (now revoked)
Education (Publication of School Proposals and Notices) Regulations
1993 (S.I. 1993/3113). Both these regulations require notices
to be published at or near the main entrance to the school or
if there is more than one main entrance, all of them.
4. The committee will see therefore that there have
been different provisions for proposals affecting schools and
for proposals to establish or discontinue further education corporations
at least since 1993. As far as the Department is aware, this has
not given rise to any practical problems. In the case of proposals
to establish or discontinue further education corporations the
Department understands that where there was more than one entrance
to an institution each of which might reasonably be considered
as a main entrance, the Further Education Funding Council for
England which was the body by which all notices were published
did in fact post a notice at each entrance to avoid having to
form a definite view as to which was the main entrance.
5. However the difference in wording does not reflect
any difference in policy and the Department is grateful to the
committee for drawing the point to their attention. The point
will be looked at again when the regulations are next amended.
2 April 2001