First Memorandum from the Department of Education and
REGULATIONS 2001 (S.I. 2001/2799)
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. Explain the reason for limiting
the scope of this provision to a conviction in the British Islands:
compare regulation 4(1)(a) and (2) of S.I. 2001/1744 which refers
to a conviction in the United Kingdom or elsewhere".
2. The Department is aware that at first sight it
may seem desirable not to limit the scope of this provision to
a conviction in the British Islands. However, the Department is
of the opinion that a provision disqualifying a person from holding,
or continuing to hold, office as a member, based on a conviction
outside the United Kingdom, the Channel Islands or the Isle of
Man would not, in practice, be enforceable, as there would be
no centrally held record available to the Department against which
checks as to previous convictions could be made.
(2) Article 5(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.
Identify the provision in the 1992 Act which authorises the Articles
to empower the Principal to delegate his functions (including
any functions delegated to him by the Corporation)".
3. The Department is relying on Section 20(2)(b)
of the Further and Higher Education Act 1992 whereby Instruments
and Articles of Government may make provision authorised by Schedule
4 to that Act and "such other provision as may be necessary
4. The Department considers that it is both necessary
and desirable that the Principal of a Further Education Institution
should have the power to delegate his functions. The Principal
needs subordinate staff to run an Institution which may provide
education to thousands of students. If the Principal is to employ
staff, they must obviously have powers delegated to them by him.
In view of this, Articles of Government for Further Education
Corporations have been drafted since 1992 to enable this to happen.
29 October 2001