Memorandum by the Department for Education and
WILTSHIRE COLLEGE (GOVERNMENT) REGULATIONS 2000 (S.I. 2000/2173)
1. The Committee requested a memorandum on the following
"Article 5(1) of Schedule
2 to these Regulations authorises the corporation to delegate
powers to the Principal. As the Department is aware, the Committee
has on a number of occasions (and, most recently in its Twentieth
Report (Session 1998-99) on S.I. 1999/1328) reported similar provisions
in earlier instruments for being of dubious vires. Does the Department
wish to add anything to its earlier submissions as summarised
in that Report? Is the Department able to give any further indication
as to when they intend to amend the Further and Higher Education
Act 1992 to enable the articles of government of a further education
corporation to delegate powers to the Principal."
2. Paragraph 5 of Schedule 4 to the Further and Higher
Education Act 1992 has been amended by paragraph 44(3) of Schedule
9 to the Learning and Skills Act 2000 (c.21). This amendment came
into force on 1 October 2000 (see the Learning and Skills Act
(Commencement No. 2 and Savings) Order 2000 (S.I. 2000/2559).
Paragraph 5 of Schedule 4 as amended now reads:-
"An instrument may provide
for the delegation of functions of the corporation to officers
or committees or to the principal of the institution."
Paragraph 44(4) of Schedule 9 effectively makes the
amendment apply retrospectively.
3. As far as the Wiltshire College (Government) Regulations
is concerned the Department does not wish to add anything to its
6 November 2000