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Further Education and Training Act 2007

Consolidated Text As Enacted Cited authorities 31 Cited in Amendments 69 Related
Vincent
JurisdictionUK Non-devolved
Citation2007 c. 25
Year2007
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    • (1) The local learning and skills councils established under section 19 of LSA 2000 are abolished.sections 19 to 24 of LSA 2000;Schedule 2 to that Act.
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  • Before section 57 of FHEA 1992, insert—
      (56A) Intervention: England
    • “(1) This section applies if the Learning and Skills Council for England is satisfied as to one or more of the matters listed in subsection (2) in the case of an institution in England within the further education sector; and it is immaterial whether or not a complaint is made by any person.
    • (2) The matters are—
    • (a) that the institution's affairs have been or are being mismanaged by the institution's governing body;
    • (b) that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
    • (c) that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
    • (d) that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
    • This section applies if the Learning and Skills Council for England is satisfied as to one or more of the matters listed in subsection (2) in the case of an institution in England within the further education sector; and it is immaterial whether or not a complaint is made by any person.that the institution's affairs have been or are being mismanaged by the institution's governing body;that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.If this section applies the council may do one or more of the things listed in subsection (6) .the matter or matters listed in subsection (2) as to which the council is satisfied;the reasons why the council is so satisfied;the thing or things that the council proposes to do;the reasons why the council proposes to do that thing or those things.the matter or matters listed in subsection (2) as to which the council is satisfied;the reasons why the council is so satisfied;the reasons why the council has decided to do that thing or those things.remove all or any of the members of the institution's governing body;appoint new members of that body if there are vacancies (however arising) ;give to that body such directions as it thinks expedient as to the exercise of their powers and performance of their duties.The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.The council may not direct a governing body under subsection (6) (c) to dismiss a member of staff.But subsection (9) does not prevent the council, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.A governing body must

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