UK Act of Parliament
1992
United Kingdom
Further and Higher Education Act 1992
At a glance
Enforced by
What's here
7 compliance obligations
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Further education
Browse 105 other sections in this Part — procedural / definitional / commencement
Full-time education for 16 to 18 year-olds.
Part-time education, and full-time education for those over 18.
Persons with learning difficulties.
Administration of funds by councils.
Administration of funds: supplementary.
Grants to councils.
Supplementary functions.
Assessment of quality of education provided by institutions.
Adjustment of local authority sector
Adjustment of local authority sector
Provision of further education in maintained schools.
Provision of further education in grant-maintained schools.
Meaning of “further education”, “secondary education”, “school” and “pupil”.
Initial incorporation of existing institutions.
Orders incorporating further institutions.
Publication of proposals
“Further education corporation” and “operative date”.
Principal powers of a further education corporation.
Supplementary powers of a further education corporation.
Duty in relation to promotion of well-being of local area
Constitution of corporation and conduct of the institution.
Initial instruments and articles.
Subsequent instruments and articles
Charitable status of a further education corporation
Transfer of property, etc.: institutions maintained by local authorities
Provisions supplementary to section 23.
Transfer of property, etc. from foundation bodies.
Transfer of staff to further education corporations.
Proposals for dissolution of further education corporations
Dissolution of further education corporations
Dissolution of further education corporations: transfer of property, rights and liabilities
Restrictions on dissolution in insolvency situations
Designation of institutions.
Government and conduct of designated institutions
First post-designation instruments and articles of designated institutions...
Changes to instruments and articles
Special provision for certain institutions.
Designated institutions conducted by companies.
Transfer of property, etc., to designated institutions.
Provisions supplementary to section 32.
Initial designation of existing bodies corporate as sixth form college corporations
Subsequent designation of existing bodies corporate as sixth form college corporations
Establishment of new bodies corporate as sixth form college corporations
Conversion of sixth form college corporations into further education corporations
Principal powers of a sixth form college corporation
Supplementary powers of a sixth form college corporation
Further provision about supplementary powers
Duty in relation to promotion of well-being of local area
Constitution of sixth form college corporation and conduct of sixth form college
Special provision for certain institutions
Instrument and articles of new sixth form college corporations
Changes to instruments and articles
Charitable status of a sixth form college corporation
Proposals for dissolution of sixth form college corporations
Dissolution of sixth form college corporations
Dissolution of sixth form college corporations: transfer of property, rights and liabilities
Restrictions on dissolution in insolvency situations
Making additional property available for use.
Voluntary transfers of staff in connection with section 34.
General provisions about transfers under Chapter II.
Attribution of surpluses and deficits.
Payments ... in respect of loan liabilities.
Control of disposals of land.
Wrongful disposals of land.
Control of contracts.
Wrongful contracts.
Remuneration of employees.
Collective worship.
Religious education.
Variation of trust deeds.
Transfer of higher education institutions to further education sector.
Statutory conditions of employment.
Avoidance of certain contractual terms.
Consultation
Destinations
Information with respect to institutions within the further education sector.
Publication of proposals.
Duty to provide for named individuals: England
Duty to provide for named individuals: Wales
Duty to safeguard pupils receiving secondary education.
Duty to review provision in relation to local needs: England
Inspection of accounts.
Duty to give information.
Inspection
General
Intervention: England
Appointment by Chief Executive of Skills Funding of members of governing body of further education institutions
Intervention policy: England
Directions
Notification by local authority or YPLA of possible grounds for intervention
Intervention by Secretary of State : sixth form colleges
Appointment by local authorities of members of sixth form college governing body
Intervention policy: sixth form colleges
Intervention by YPLA
Appointment by YPLA of members of sixth form college governing body
Notification by Chief Executive of Skills Funding of possible grounds for intervention
Intervention : Wales
Intervention policy: Wales
Reorganisations of schools involving establishment of further education corporation.
General
Saving as to persons detained by order of a court.
General
Interpretation of Part I.
References to appropriate bodies
Part II — Higher education
Browse 21 other sections in this Part — procedural / definitional / commencement
The Higher Education Funding Council for Wales.
Dissolution of existing councils.
Transitional arrangements.
Administration of funds by the HEFCW.
Administration of funds: supplementary.
Payments in respect of persons employed in provision of higher or further education.
Grants to the HEFCW.
Supplementary functions.
England: assessment of quality of education provided by institutions.
Higher education corporations: constitution and conduct.
Further power of designation.
Government and conduct of designated institutions.
Transfer of further education institutions to higher education sector.
Variation of trust deeds.
Power to award degrees, etc.
Use of “university” in title of institution.
Financial years of higher education corporations : Wales.
Duty to give information to the HEFCW.
Power to request information from higher education institutions that are exempt charities
Dissolution of Council for National Academic Awards.
Directions.
Part III — Miscellaneous and general
Browse 21 other sections in this Part — procedural / definitional / commencement
Joint exercise of functions.
Efficiency studies.
Effect of agreements made before date of transfer.
Finance and government of locally funded further and higher education.
Nuisance or disturbance on educational premises
Power of members of staff to search students for prohibited items: England
Power of search under section 85AA: supplementary
Power to seize items found during search under section 85AA
Section 85AC: supplementary
Power to search further education students for weapons : Wales
Power of members of staff to use force
Miscellaneous and general
Transfers of property,
Stamp duty.
Stamp duty land tax
Orders, regulations and directions.
Interpretation.
Interpretation of Education Acts.
Index.
Amendments and repeals.
Short title, commencement, etc.
Schedules
(1) It shall be the duty of the council—
Other duties (1) — Crown / regulator
- Council must keep proper accounts and send them to government by end of August Crown / Minister / Government department
An instrument must provide for— (a) a copy of the...
- Provide free copies of governing documents to members and staff
An instrument must provide for the authentication of the application...
- Include seal authentication provision in governing document
(1) An instrument must provide for— (a) the number of...
- Set up your governing body with the right mix of members
(1) An application for approval of an arrangement by the...
- Apply jointly for approval of your arrangement
In Schedule 7 (Higher Education Corporations)— (a) for paragraph 1(4)...
- Appoint only qualified auditors for your higher education corporation
In paragraph 4 of that Schedule at the beginning there...
Other duties (1) — Crown / regulator
- Complete land registration formalities for statutory transfers Local authority
Browse 140 other Schedules — structural / supplementary
(1) Subject to sub-paragraph (2) below, the council may do...
The council may authorise the chairman, the chief officer or...
Without prejudice to any other rights the Secretary of State...
The validity of any proceedings of the council or of...
Subject to the preceding provisions of this Schedule, the council...
The application of the seal of the council shall be...
Every document purporting to be an instrument made or issued...
The council shall not be regarded as the servant or...
(1) One of the members of the council shall be...
(1) A person shall hold and vacate office as a...
If the Secretary of State is satisfied that a member...
(1) The council— (a) shall pay to their members such...
In Part III of Schedule 1 to the House of...
(1) The council may appoint such employees as they think...
(1) The council may establish a committee for any purpose....
(1) There shall be established for each region of England...
The descriptions of courses of further education referred to in...
(1) The enrolment number for any institution at any time...
The following table applies for the purpose of determining the...
(1) For the purposes of paragraph 1(1)(a) and (2)(a) above...
The Secretary of State may by order amend paragraphs 1...
For the purpose of calculating under those paragraphs any enrolment...
This Schedule applies in relation to— (a) a further education...
An instrument must prohibit the body from making changes to...
In this Schedule— “ the body ” means— in the...
(1) An instrument must make provision about the procedures of...
(1) An instrument must make provision for there to be—...
An instrument must require the body to publish arrangements for...
In the case of an institution in Wales, an instrument...
An instrument must permit the body to change their name...
An instrument must specify how the body may modify or...
(1) Any property, rights and liabilities of a transferor authority...
(1) It shall be the duty of the transferor and...
(1) The Education Assets Board may, in the case of...
(1) The transferor or transferee, if dissatisfied with a determination...
(1) Regulations may prescribe the procedure to be followed in...
(1) Where a transfer to which this Schedule applies relates...
(1) Without prejudice to the generality of paragraphs 2 to...
When it appears to the Education Assets Board, in the...
In this Schedule— “ the participating bodies ”, in relation...
(1) Subject to any provision of the arrangement to the...
(1) The parties to a partnership arrangement to which section...
(1) Regulations may provide— (a) for any reference in an...
The Education Assets Board may issue a certificate stating that...
(1) Where any rights or liabilities transferred by virtue of...
(1) Without prejudice to the generality of paragraph 2 above,...
The provisions of paragraphs 2 and 3 above shall have...
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
In section 1(3) of the Education (Fees and Awards) Act...
Minor and Consequential Amendments
At the end of section 1 of the Further Education...
(1) In section 2(2) of that Act (power of LEAs...
In section 43 of the Education (No. 2) Act 1986...
In section 49(3) of that Act (appraisal of performance of...
Minor and Consequential Amendments
Minor and Consequential Amendments
Minor and Consequential Amendments
The Education Reform Act 1988 is amended as follows.
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
Minor and Consequential Amendments
In section 120 (functions of local authorities with respect to...
In section 122 (orders incorporating higher education institutions maintained by...
In section 123 (provisions supplementary to sections 121 and 122)—...
In section 124 (powers of a higher education corporation)—
In section 128 (dissolution of higher education corporations)—
Sections 131, 132 and 134 (Universities Funding Council and Polytechnics...
In section 135 (inspection of accounts)— (a) for subsection (1)(c)...
The Education Reform Act 1988 (c. 40)
In section 137(2) (control of disposals of land) “or 129(3)”...
In section 157 (construction of instruments providing for institution ceasing...
Minor and Consequential Amendments
In section 158(2) (reports and returns) paragraphs (a)(i) and (iii)...
Section 159(2)(b) (information with respect to educational provision in institutions...
In section 161 (interpretation of Part II) subsection (1)(c) is...
In section 197 (Education Assets Board)— (a) in subsection (4)...
In section 198(5) (transfers under Parts I and II) for...
In section 205 (procedure for exercise of University Commissioners’ powers)—...
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there...
The Education Reform Act 1988 (c. 40)
Minor and Consequential Amendments
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
In section 221 (avoidance of certain contractual terms) subsection (1)(c)...
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
In section 230 (stamp duty)— (a) in subsection (1) “section...
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
In section 235 (general interpretation) subsection (2)(a) and (h) are...
Minor and Consequential Amendments
Schedule 8 (the funding councils and the assets board) shall...
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
The Education Reform Act 1988 (c. 40)
In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2),...
In section 1(3)(a) of the Education (Student Loans) Act 1990...
In Schedule 1 to the Public Records Act 1958 (definition...
Amendments of other Acts
Minor and Consequential Amendments
In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...
(1) Subject to sub-paragraph (2) below, in the Local Authorities...
In section 8(2) of the Chronically Sick and Disabled Persons...
In Schedule 1 to the Superannuation Act 1972 the entries...
In Part III of Schedule 1 to the House of...
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
Minor and Consequential Amendments
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
Amendments of other Acts
Minor and Consequential Amendments
Amendments of other Acts
(1) Section 5 of the Disabled Persons (Services, Consultation and...
For section 6(1) of that Act (review of expected leaving...
In section 5(6) of the Employment Act 1989 (exemption for...
In section 76(1) of the Town and Country Planning Act...
In section 98(2) of the Environmental Protection Act 1990 (definitions)—...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Students
Independent regulator for higher education in England. Registers and monitors higher education providers. Ensures students receive quality education and value for money.
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.