FURTHER AND HIGHER EDUCATION ACT 1992
THE FURTHER EDUCATION CORPORATIONS (FORMER SIXTH FORM COLLEGES) (REPLACEMENT OF INSTRUMENTS AND ARTICLES OF GOVERNMENT) ORDER 2001
In exercise of the powers conferred on the Secretary of State by section 22(3) of the Further and Higher Education Act 1992[a] and after consulting the Further Education Funding Council for England and the further education corporations listed in Schedule 3 to this Order (“the colleges”) the Secretary of State for Education and Employment hereby makes the following Order.
1. This Order may be cited as the Further Education Corporations (Former Sixth Form Colleges) (Replacement of Instruments and Articles of Government) Order 2001 and shall come into force on 1st April 2001.
2. The Instrument of Government set out in Schedule 1and the Articles of Government set out in Schedule 2 shall replace the Instruments and the Articles of Government for each of the colleges.
3. Accordingly the Instruments and Articles of Government for each of the colleges which had effect immediately before 1st April 2001 are hereby revoked.
22 March 2001 Team Leader,
Further Education Organisation and Governance Team, Department for Education and Employment
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SCHEDULE 1
INSTRUMENT OF GOVERNMENT
INDEX
1. Interpretation
2. Composition of the Corporation
3. Determination of Membership Numbers
4. Transitional Arrangements
5. Appointment of members of the Corporation
6. Appointment of Chair and Vice-Chair
7. Appointment of the Clerk to the Corporation
8. Persons Ineligible to be Members
9. Term of Office
10. Determination of Membership
11. Members not to hold interests in matters relating to in the Institution
12. Meetings
13. Quorum
14. Proceedings of Meetings
15. Minutes
16. Public Access to Meetings
17. Publication of Minutes and Papers
18. Allowances to Members
19. Copies of Instrument of Government
20. Change of Name
21. Application of Seal
Interpretation
1. In this Instrument of Government -
(a) “The Council” means the Learning and Skills Council for England,
“the Corporation” means any further education corporation to which this Instrument applies,
“this Instrument” means this Instrument of Government,
“LSC member” means a member of the Corporation appointed by the Council under section 11 of the Learning and Skills Act 2000,
“meeting” includes a meeting at which the members attending are present in more than one room provided that, by the use of video-conferencing or similar facilities, it is possible for every person present at the meeting to see and hear each other,
“the previous Instrument of Government” means the instrument of government relating to the institution which had effect immediately before 1st April 2001,
“the Secretary of State” means the Secretary of State for Education and Employment;
(b) “business member”, “community member”, “co-opted member”, “local authority member”, “parent member”, “staff member” and “student member” have the meanings given to them in clause 2;
(c) references to the institution are references to the institution which the Corporation is established to conduct and to any institution for the time being conducted by the Corporation in exercise of its powers under the Further and Higher Education Act 1992;
(d) references, in relation to the Corporation, to a variable category are references to any category of members, the determined number of which is subject to variation in accordance with clauses 2 and 3;
(e) unless the context requires otherwise, words importing one gender include the other gender; and words in the singular include the plural, and vice versa;
(f) the headings are included for convenience only, and shall not affect the construction of this Instrument.
Composition of the Corporation
2. (1) The Corporation shall (subject to clause 4) consist of -
(a) not more than 7 members who are, or have been, engaged or employed in business, industry or any profession, or in any other field of employment relevant to the activities of the institution (to be known as “business members”);
(b) not more than 3 members (to be known as “co-opted members”) co-opted by the members of the Corporation;
(c) at least one and not more than 3 members who are members of the staff of the institution elected and nominated as specified in paragraph (4) (to be known as “staff members”);
(d) at least one and not more than 3 members who are students at the institution elected and nominated by such students or (as the Corporation may determine) elected and nominated by a recognised association representing such students (to be known as “student members”);
(e) at least one and not more than 2 members who are parents of students under the age of 19 years attending the institution, elected and nominated by other such parents or (as the Corporation may determine) elected and nominated by a recognised association representing such parents (to be known as “parent members”);
(f) at least one and not more than 3 members nominated by such local authorities as the Corporation may nominate (to be known as “local authority members”);
(g) at least one and not more than 3 members nominated by a voluntary body or bodies appearing to the other members of the Corporation to represent the interests of a section of the local community nominated by the other members of the Corporation (to be known as “community members”);
(h) the Principal of the institution (unless he chooses not to be a member);
(i) LSC members (if any).
(2) It shall be for the appointing authority as specified in clause 5 to determine any question as to whether any person is qualified in accordance with paragraph (1) for appointment as a member of the Corporation of any description or category.
(3) For the purpose of this Instrument, a person who is not for the time being enrolled as a student at the institution shall be treated as such a student during any period when he has been granted leave of absence from the institution for the purposes of study or travel or for carrying out the duties of any office held by him in any students’ union at the institution.
(4) Every staff member shall be elected and nominated by the staff of the institution, save that where paragraph (5) applies-
(a) one may be a member of the academic staff elected and nominated only by the academic staff; and
(b) the other or (as the case may be) one other may be a member of the staff other than the academic staff elected and nominated only by the staff other than the academic staff.
(5) This paragraph applies where the Corporation has determined or determine -
(a) (pursuant to clause 3) that there are to be 2 or 3 staff members; and
(b) that both or (as the case may be) 2 of those members are to be elected and nominated as specified in paragraph (4)(a) and (b).
(6) In paragraph (1)(g) “voluntary body” includes any association not conducted for profit.
Determination of Membership Numbers
3. (1) Subject to paragraph (2) and clause 4 the number of members of the Corporation other than LSC members and the number of members of each variable category shall be that determined by the Corporation in the most recent determination made before 1st April 2001 under the previous Instrument of Government.
(2) The Corporation may at any time vary the determination referred to in paragraph (1) and any subsequent determination under this paragraph provided that -
(a) the number of members of the Corporation other than LSC members determined shall not be less than 12 nor more than 20;
(b) the numbers of members of each variable category shall be subject to the limit which applies to that category set out in Clause 2; and
(c) the number of business members shall be equal to one third of the total number of members other than LSC members rounded up to the nearest whole number.
(3) No determination under this clause shall have effect so as to terminate the appointment of any person who is already a member of the Corporation at the time when it takes effect.
Transitional arrangements
4. (1) Where on the determination referred to in paragraph (1) of clause 3 the membership of the corporation did not conform in number and composition to that determination and by virtue of any provision of the previous Instrument of Government the Corporation was not obliged to require the removal of members, nothing in clauses 2 and 3 shall require the removal of members but the Corporation shall ensure that any new appointments are made with a view to ensuring that the composition conforms to the determination as soon as possible.
(2) Any member appointed before 1st April 2001 and nominated by a body within the local community nominated by the other members of the Corporation shall be treated as falling within Clause 2(1)(g).
(3) Any member of the corporation appointed on the nomination of the Further Education Funding Council for England under any provision of the previous instrument of government who is a member on 1st April 2001 shall be treated for the purposes of Clauses 3 and 13 as an LSC member.
Appointment of members of the Corporation
5. (1) Subject to paragraph (2) the Corporation is the appointing authority in relation to the appointment of any member of the Corporation other than an LSC member.
(2) If the number of members falls below the number needed for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of members as is required for a quorum.
(3) The appointing authority may decline to appoint a person as a local authority or community member if the person does not have the specified skills and experience.
(4) The appointing authority may decline to appoint a person as a parent, staff, student, local authority or community member if –
(a) they are satisfied that the person has, within ten years before his appointment would otherwise have taken effect, been removed from office as a member of a further education corporation, or
(b) the appointment of the person would contravene any provision of any rules or bye-laws made under article 20 of the Articles of Government relating to the number of consecutive terms for which a member may hold office, provided that such rules or bye-laws make the same provision for each category of members appointed by the appointing authority.
(5) Except as provided in paragraphs (3) and (4) paragraph (1) shall not entitle the Corporation to decline to appoint any person as a staff, student, parent, local authority or community member unless the person is ineligible to be a member of the Corporation by virtue of clause 8.
(6) In this clause “specified skills and experience” means skills and experience (other than professional qualifications) specified by the Corporation as appropriate for members of the Corporation after consultation with the local authorities nominated under clause 21(1)(f) and the voluntary body or bodies nominated under clause 2(1)(g).
(7) Where the office of any appointed member becomes vacant the Corporation (where it is the appointing authority) shall as soon as practicable take all necessary steps to appoint a new member to fill the vacancy.
(8) Nothing in this clause shall entitle the Corporation to request more than one nomination from any of the bodies referred to in clause 2(1)(c) to (g) to fill any particular vacancy.
Appointment of Chair and Vice-Chair
6. (1) The members shall appoint a Chair and a Vice-Chair from among their number.
(2) Neither the Principal nor any staff or student member shall be eligible to be appointed Chair or Vice-Chair.
(3) The Chair and Vice-Chair shall hold office for such a period as the Corporation may determine.
(4) If both the Chair and the Vice-Chair are absent from any meeting of the Corporation, the members present shall choose one of their number to act as Chair for that meeting, provided that the member chosen shall not be the Principal or a staff or student member.
(5) The Chair or Vice-Chair may resign his office at any time by giving notice in writing to the Clerk of the Corporation.
(6) If at any time the Corporation is satisfied that the Chair or Vice Chair is unable or unfit to discharge the functions of Chair or Vice Chair (as the case may be) the Corporation may by notice in writing to the Chair or Vice Chair remove him from office and thereupon the office shall be vacant.
(7) At the last meeting before the expiry of the term of office of the Chair or the Vice-Chair, or following the resignation of the Chair or the Vice-Chair, the members shall appoint a new Chair or Vice-Chair, as the case may be, from among their number.
(8) At the expiry of their term of office the Chair or Vice-Chair shall be eligible for reappointment.
Appointment of the Clerk to the Corporation
7. (1) Subject to paragraph (4) the Corporation shall appoint a person to serve as Clerk to the Corporation.
(2) Subject to clause 14 the Clerk to the Corporation shall be entitled to attend all meetings of the Corporation (including all meetings of any committee of the Corporation).
(3) In the event of a temporary absence of the Clerk to the Corporation, the Corporation shall appoint a person to serve as a temporary Clerk to the Corporation; and any reference in this Instrument to the Clerk to the Corporation shall include a temporary Clerk appointed under this paragraph.