Further and Higher Education Act 1992 (C. 13)

as amended by the Education Act 2002 C.32 and by by SI 2005/3238;

Amended by:

Learning and Skills Act 2000 (C. 21)
Education Act 2002 (C. 32)
Inquiries Act 2005 (c. 12)

To make provisions about the Further Education Funding Councils and institutions within the further education sector.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

section 15: Power to specify which existing instituions will fall into the further education corporations.
sections 16 and 51: Power to incorporate educational institutions in Wales as corporations.
section 17(2): Power to appoint 'operative date' for 'further education corporation' (a body corporate established under section 15 or 16 of this Act).
section 19(4AC): Power to allow in limited cases a further education corporation to form, participate or become a member of a charity.
section 22: Power to approve or notify instruments of government of such corporations.
section 27: Power to dissolve further education corporations.

Power to designate institutions as eligible to receive funds from the Council.

section 38: Power to determine rate of interest and the account of capital to be paid by a Council to a local authority as excepted loan liabilities.
section 47: Order transferring higher education corporation to the further education sector.
section 49A: Power to issue guidance as to the consultation which should be undertaken by further education authorities.
section 50: Regulations requiring further education institutions to publish prescribed information.
section 57: Power to intervene in the affairs of an institution in the event of mismanagement or breach of duty or loss of efficiency or failing to give an acceptable standard of education or training. Power to give directions.
section 57A: Duty to give a statement of policy as to their exercise of powers under section 57. Duty to review it regularly. Power to revise it. Duty to lay statement or revised statement to the Assembly.
section 62(3): Power to appoint chair and members of the Higher Educational Funding Council for Wales.
section 65: Power to fund Council.
section 69: Power to require information from Councils.
section 78: Power to direct the financial year for higher education corporations.
section 82: Power to exercise joint functions to the extent that the Welsh Ministers is discharging its functions under Part 2 of the Learning and Skills Act 2000. See also Shared powers.
Schedule 1 paragraph 4: Power to remove member of either the Further or Higher Funding Councils for Wales.
Schedule 1 paragraph 11: Power of representative of the Secretary of State to attend meetings of either Councils.

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