Instrument and Articles of Government for Further Education Colleges
The Instrument & Articles of Government set out the regulatory framework within which a further education college or corporation operates.
In March 2012 BIS issued a Modification Order effective from 31st March 2012 reflecting changes under the Education Act 2011. The main changes are: removal of Funding Council powers to appoint additional governors, removal of Funding Council consent to establish a college company, transfer of powers of intervention from the Funding Council to the Secretary of State, removal of duty for corporations to promote well being of local communities, removal of requirement for an Order by the Secretary of State for a college to merge or dissolve, removal of restrictions on membership, ability of corporations to amend their Instrument and Articles. The need to seek Funding Council consent for borrowing is also removed under the new Financial Memorandum. These ‘freedoms’ signal a move towards de-regulation and self regulation. Corporation will be considering in 2012/13 whether it wishes to make changes to the standard Instrument and Articles. Any changes will be consulted on and published.
The Modification Order applies to the Instrument and Articles Replacement Order 2007 [effective from 1st January 2008] and technical changes in the Modification Order 1st April 2010.