Joint Committee on Statutory Instruments Tenth Report

Third Memorandum from the Department for Education and Skills


1. The Committee requested the submission of a memorandum on the following points:

    "(1)  Clause 8(8) of the Instrument of Government (as set out in Schedule 1) provides that a person is disqualified from holding, or continuing to hold, office as a member if, within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment for a period of not less than 3 months without the option of a fine. Does the department wish to add anything further to its Memorandum of 29 October 2001 in relation to S.I. 2001/2799 as to the reason for limiting the scope of this provision to a conviction in the British Islands?"

2. The Department regrets that the Committee does not appear to be persuaded by the Department's Memorandum of 29 October 2001, but its position on this remains the same and it is unfortunately unable to add anything further.

    "(2)  Article 4(10) of the Articles of Government (as set out in Schedule 2) provides that the Principal may delegate any of his functions other than management of budget and resources to the holder of any other senior post. Does the Department agree that if Parliament had intended that the articles of government may permit the Principal to delegate his functions, it would have made express provision to that effect as it did in relation to delegation of the corporation's functions (Schedule 4, paragraph 5, as amended by paragraph 44 of Schedule 9 to the Learning and Skills Act 2000)?"

3. The Department refers the Joint Committee to its response in its Memorandum to the Committee of 12 November 2001 in connection with the Sussex Downs College (Government) Regulations 2001 (S.I. 2001/2799) on this point.

    "(3)  In relation to the functions mentioned in article 3(2) of the Articles of Government (as set out in Schedule 2), does the department consider that it is both necessary and desirable that the Principal of a further education institution should have power to delegate and, if so, why?"

4. The Department refers the Joint Committee to its response in its Memorandum of 12 November relating to Sussex College, which is mentioned above. Whilst this is a sixth form college which is providing education on a smaller scale, the Department nevertheless believes that the same considerations apply and that this ability for a Principal to delegate functions is organisationally desirable for all colleges.

12 November 2001

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