UK Offence Report

The Education Administration Rules 2018

UK Statutory Instrument 2018 No. 1135 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
1 November 2018
In force from
31 January 2019
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
Insolvency Act 1986, Technical and Further Education Act 2017

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Rules set out the detailed procedures for the conduct of education administration, as provided by Chapter 4 of Part 2 of the Technical and Further Education 2017 (“the Act”). Education administration is a special administration regime which applies to further education bodies. The main features of education administration are: a the further education body enters the procedure by court order on application by the appropriate national authority, defined in the Act as, where the further education body is in England, the Secretary of State and, where the further education body is in Wales, the Welsh Ministers; b the order appoints an education administrator; c the objective of education administration is to avoid or minimise disruption to the studies of the existing students of that further education body and to ensure that it becomes unnecessary for the body to remain in education administration for that purpose. The Act sets out various means by which the education administrator may achieve the objective. Part 2 of these Rules sets out the procedure for applying for an education administration order, provisions about the hearing of the application and the grant of the order. Part 3 of these Rules sets out the process of education administration. Part 4 of these Rules contains general provisions detailing court practice and procedure for the education administration. Part 5 of these Rules contains provisions relating to distribution to creditors, including proving debts and quantifying claims. Part 6 of these Rules contains provisions about the education administrator, including how and when the education administrator may be replaced, and the education administrator’s remuneration. Part 7 of these Rules contains provisions about time and general rules about documents. Schedule 1 to these Rules contains specific details of the punishment of offences under these Rules. Schedule 2 to these Rules contains specific requirements for the service of documents within education administration proceedings. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment for the Act is available from the Department for Education, 20 Great Smith Street, London, SW1P 3BT.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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