Q&As

Can a further education corporation established under the Further and Higher Education Act 1992 take a loan and grant security over its land by registered charge?

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Published on LexisPSL on 23/03/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can a further education corporation established under the Further and Higher Education Act 1992 take a loan and grant security over its land by registered charge?
  • Further education corporations
  • Powers of a further education corporation
  • Charity status and required statements in deeds
  • Execution

Can a further education corporation established under the Further and Higher Education Act 1992 take a loan and grant security over its land by registered charge?

Further education corporations

Further education corporations are corporate entities incorporated pursuant to either section 15 or section 16 of the Further and Higher Education Act 1992 (FHEA 1992).

Every further education corporation must have:

  1. an instrument providing for the constitution of the corporation (the 'instrument of government'), and

  2. an instrument in accordance with which the corporation, and the institution, are to be conducted (the 'articles of government')

For more information see commentary: Requirement for instruments of government and articles of government: Halsbury's Laws of England.

Powers of a further education corporation

Pursuant to FHEA 1992, s 19 a further education corporation may acquire and dispose of land and other property, borrow money through the grant of any mortgage, charge or other security in respect of any land or other property of the corporation.

The further education corporation may only exercise this power if the corporation thinks such activity is fit for the purposes of carrying on any activities they have the power to carry on or meeting any liability transferred to them (under FHEA 1992, ss 27, 27C, 33P).

See commentary: Supplementary powers of a further education corporation: Halsbury's Laws of England.

Note that the power conferred on a further education corporation to borrow money and grant

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