Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX 1

Memorandum by the Department for Education and Employment

WILTSHIRE COLLEGE (GOVERNMENT) REGULATIONS 2000 (S.I. 2000/2173)

1. The Committee requested a memorandum on the following point:-

    "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 earlier submissions.

6 November 2000


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 6 February 2001