Learning and Skills Bill [H.L.] - continued        House of Lords
PART V, MISCELLANEOUS AND GENERAL - continued
Other miscellaneous provisions - continued

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Further education sector: designated institutions.     115. - (1) Section 28 of the Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows-
 
 
    (a) in subsection (1) for "as eligible to receive support from funds administered by the councils" substitute "for the purposes of this section",
 
    (b) subsection (2)(b) shall cease to have effect, and
 
    (c) after subsection (2)(c) add- "or
 
    (d) an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above."
      (2) The following shall be substituted for section 30 of the Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)-
 
 
"Special provision for certain institutions.     30. - (1) Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide-
 
    (a) for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
 
    (b) for the majority of members of the governing body to be such governors.
      (2) This section applies to-
 
 
    (a) an institution which, when designated, was a voluntary aided school, and
 
    (b) an institution specified, or falling within a class specified, by the Secretary of State by order.
      (3) The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
 
      (4) The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment."
 
      (3) Section 32(2A) of the Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
 
      (4) The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the Further and Higher Education Act 1992.
 
      (5) The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the Further and Higher Education Act 1992.
 
      (6) An order under subsection (4) or (5) may-
 
 
    (a) make provision similar to any provision of section 18 or 19 of the Further and Higher Education Act 1992 (further education corporation: powers);
 
    (b) make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the Further and Higher Education Act 1992 (government and conduct of designated institutions);
 
    (c) make provision expressed to have effect subject to the institution's instrument or articles of government;
 
    (d) make provision which confers exempt charitable status (for the purposes of the Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;
 
    (e) make provision about the discontinuance of the institution;
 
    (f) make provision about the dissolution of the body corporate (including provision about the treatment of rights and liabilities).
      (7) Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult-
 
 
    (a) the governing body of the institution, and
 
    (b) the trustees of any trust relating to the institution.
Amendments.     116. Schedule 8 contains miscellaneous and consequential amendments.
 
 
General
Transitional provisions.     117. - (1) Schedule 9 contains transitional provisions relating to-
 
 
    (a) the dissolution of the Further Education Funding Councils, and
 
    (b) the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales.
      (2) Nothing in that Schedule prejudices the generality of section 118(4).
 
Orders and regulations.     118. - (1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
 
      (2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains-
 
 
    (a) an order made by the Secretary of State under any provision of this Act other than section 115(4) or 120(1), or
 
    (b) regulations made by the Secretary of State under any provision of this Act.
      (3) An order or regulations under this Act may make different provision for different purposes.
 
      (4) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the Secretary of State or the National Assembly (as the case may be) thinks fit.
 
Repeals.     119. Schedule 10 contains repeals.
 
Commencement.     120. - (1) The preceding provisions of this Act (with the exception of Parts II and IV and section 86) come into force in accordance with provision made by the Secretary of State by order.
 
      (2) Parts II and IV and section 86 come into force in accordance with provision made by the National Assembly by order.
 
Extent.     121. - (1) Sections 96, 118, 120, 122 and this section extend to England and Wales, Scotland and Northern Ireland.
 
      (2) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
 
      (3) Subject to the above, this Act extends to England and Wales only.
 
Citation.     122. This Act may be cited as the Learning and Skills Act 2000.
 
 
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