Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX 2

Memorandum by the Department for Education and Employment

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 following point:

    "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 schools—see 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


 
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