Further and Higher Education Act 1992
| Year | 1992 |
Further and HigherEducation Act 1992
1992 CHAPTER 13
An Act to make new provision about further and higher education.
[6th March 1992]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Further education
Chapter I
Responsibility for further education
The new funding councils
1 The Further Education Funding Councils.
(1) There shall be established—
(a) a body corporate to be known as the Further Education Funding Council for England to exercise in relation to England the functions conferred on them, and
(b) a body corporate to be known as the Further Education Funding Council for Wales to exercise in relation to Wales the functions conferred on them.
(2) The Further Education Funding Council for England shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
(3) The Further Education Funding Council for Wales shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, of whom one shall be so appointed as chairman.
(4) In appointing the members of a council the Secretary of State—
(a) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of further education or in carrying responsibility for such provision, and
(b) shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
(5) In this Part of this Act any reference to a council is to a further education funding council.
(6) References in the Education Acts to the appropriate further education funding council, in relation to any educational institution—
(a) where the institution mainly serves the population of England, are to the Further Education Funding Council for England and, where the institution mainly serves the population of Wales, are to the Further Education Funding Council for Wales, and
(b) where the institution receives financial support from a further education funding council, are to that council also (if different).
(7) Any dispute as to whether any functions are exercisable by one of the councils shall be determined by the Secretary of State.
(8) Schedule 1 to this Act has effect with respect to each of the councils.
The new further education sector
2 Full-time education for 16 to 18 year-olds.
(1) It shall be the duty of each council to secure the provision for the population of their area of sufficient facilities for education to which this subsection applies, that is, full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2) That duty extends to all persons among that population who may want such education and have not attained the age of nineteen years.
(3) A council shall discharge that duty so as—
(a) to secure that the facilities are provided at such places, are of such character and are so equipped as to be sufficient to meet the reasonable needs of all persons to whom the duty extends, and
(b) to take account of the different abilities and aptitudes of such persons.
(4) A council may secure the provision of facilities for education to which subsection (1) above applies for persons to whom that duty does not extend.
(5) A council shall discharge their functions under this section so as to make the most effective use of the council's resources and, in particular, to avoid provision which might give rise to disproportionate expenditure.
(6) In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by schools maintained by local education authorities, grant-maintained schools, special schools not maintained by local education authorities, city technology colleges or city colleges for the technology of the arts.
3 Part-time education, and full-time education for those over 18.
(1) It shall be the duty of each council to secure the provision for the population of their area of adequate facilities for education to which this subsection applies, that is—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age, and
(b) full-time education suitable to the requirements of persons who have attained the age of nineteen years,
where the education is provided by means of a course of a description mentioned in Schedule 2 to this Act.
(2) A council shall discharge that duty so as—
(a) to secure that facilities are provided at such places, are of such character and are so equipped as to meet the reasonable need for education to which subsection (1) above applies, and
(b) to take account of the different abilities and aptitudes of persons among that population.
(3) A council may secure the provision of facilities for education to which subsection (1) above applies where they are not under a duty to do so.
(4) A council shall discharge their functions under this section so as to make the most effective use of their resources and, in particular, to avoid provision which might give rise to disproportionate expenditure.
(5) In discharging those functions a council shall have regard to any education to which subsection (1) above applies provided by institutions outside the further education sector or higher education sector.
(6) The Secretary of State may by order amend Schedule 2 to this Act.
4 Persons with learning difficulties.
(1) In exercising their functions under sections 2 and 3 of this Act, each council shall (subject to the provisions of those sections) do so in accordance with subsections (2) to (4) below.
(2) Each council shall have regard to the requirements of persons having learning difficulties.
(3) A council shall, if they are satisfied in the case of any person among the population of their area who has a learning difficulty and is over compulsory school age but has not attained the age of twenty-five years, that—
(a) the facilities available in institutions within the further education sector or the higher education sector are not adequate for him, and
(b) it is in his best interests to do so,
secure provision for him at an institution outside those sectors.
(4) A council shall, if they are satisfied that they cannot secure such provision for a person as they are required to secure under subsection (3) above unless they also secure the provision of boarding accommodation for him, secure the provision of boarding accommodation for him.
(5) In exercising their functions under sections 2 and 3 of this Act in the case of any person who has a learning difficulty and is over compulsory school age, a council may—
(a) if they are satisfied that the facilities available in institutions within the further education sector or the higher education sector are not adequate for him, secure provision for him at an institution outside those sectors, and
(b) secure the provision of boarding accommodation for him.
(6) Subject to subsection (7) below, for the purposes of this section a person has a ‘learning difficulty’ if—
(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or
(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
(7) A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
Finance
5 Administration of funds by councils.
(1) A council may give financial support to the governing body of any institution within the further education sector or the higher education sector in respect of—
(a) the provision of facilities for further education, or
(b) the provision of facilities, and the carrying on of any activities, which the governing body of the institution consider necessary or desirable to be provided or carried on for the purpose of or in connection with the provision of facilities for further education.
(2) A council may give financial support to the governing body of any institution within the further education sector in respect of—
(a) the provision of facilities for higher...
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