200.Section 141 has three elements. The first element prevents TECs or CCTEs from taking any of the actions to be set out in regulations unless that action has the Secretary of State’s written authority. It will also prevent TECs or CCTEs taking such action indirectly through other bodies acting on their behalf. The regulations will cover making payments, incurring expenditure or entering into transactions. The second element allows the Secretary of State, after consultation, to direct a TEC or a CCTE to transfer an asset to him or to a specified body. The third element gives the High Court express authority to make orders either to declare any contract to be void or to vary any contract or to require compensation where the TEC or the CCTE has acted without the consent of the Secretary of State. The National Assembly for Wales will exercise in respect of TECs in Wales those functions which are exercised by the Secretary of State in respect of TECs in England.
Commentary on Sections Part V - Miscellaneous and General Section 141: training programmes: cessation of funding