Part 4: Miscellaneous and General Institutions within the further education sector: procedure for designation Section 32: Institutions within the further education sector: designation
This section amends sections 28 and 89 of the Further and Higher Education Act 1992 to change the mechanism by which the Secretary of State can designate educational institutions in England as being within the statutory further education sector. It would allow the Secretary of State to designate an institution by means of an administrative order that must be published, rather than by statutory instrument as is currently required.
	Subsection (2) makes provision to clarify the appropriate authority to make designation orders in relation to educational institutions in each of Wales and England, as this is a devolved matter.
	Subsection (3)(a) makes provision to allow the Secretary of State to make designation orders under section 28 of the Further and Higher Education Act 1992 by administrative order rather than by statutory instrument. It also makes the same provision regarding the existing power under section 29(1)(b) of the Further and Higher Education Act 1992 to exempt certain institutions from the requirements of section 29 of said Act, which regulates the governance and conduct of designated institutions. This is because any exemption under section 29 (1)(b) must be included in any designation order made under section 28.
	Subsection (3)(b) makes provision to require any such administrative orders be published.
	Subsection (3)(c) makes provision for transitional arrangements. These arrangements would mean existing orders under section 28 and 29(1)(b), made by statutory instrument prior to this legislation coming into force, could not be revoked or amended by administrative order. A further statutory instrument would need to be made to revoke or amend these designation orders.