Ordinance To The Law On Institutions For Vocational Education

Original Language Title: Bekendtgørelse af lov om institutioner for erhvervsrettet uddannelse

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Overview (table of contents) Chapter 1 authorisation of institutions

Chapter 2 the institution's Board of Directors

Chapter 3 Grants

Chapter 4 accounting and auditing

Chapter 5 monitoring and disclosure obligations

Chapter 6 Collaboration and advice

Chapter 7 miscellaneous provisions

Chapter 8 entry into force and transitional provisions of The law on the publication of the full text of the institutions for vocational education

Hereby promulgated the law on institutions of vocational training, in accordance with article 3. lovbekendtgørelse nr. 136 of 1. March 2006, with the changes imposed by § 2 of the law No. 576 of 9. June 2006, § 18, nr. 2 of law No. 578 of 9. June 2006, section 12 of Act No. 561 of 6. June 2007, § 69 of law No. 562 of 6. June 2007, section 56 of Act No. 346 of 14. May 2008, section 24 of Act No. 475 by 17. June 2008 and section 5 of Act No. 543 of 17. June 2008. The announced legislative text relating to section 18 (b) shall apply only from 1. August 2009, see. § 19 of the lov nr. 475 by 17. June 2008.

Chapter 1

Approval of the institutions

§ 1. The law includes institutions for vocational training. The institutions are self-governing and approved by the Minister of education to provide vocational initial and further training of the basic regulation. However, § 4, paragraph 1 1. paragraph, and may, in agreement with a vocational Academy or a University College, which is combined with a business Academy, implement vocational college education and continuing training relating thereto. The institutions may, in exceptional cases, provide vocational training at the level of the medium-term higher education.




The Minister may authorise an institution within the public administration also can provide general secondary education.



(2). The Minister may lay down rules on





1) training,

2) access to education,

3) quality control, including the censor institution,

4) the qualification requirements for teachers

5) complaints to the institution from participants in training, including on complaint period.





(3). In establishing rules pursuant to paragraph 2, no. 1, the Minister may decide that the activity will not be approved as training aid eligible after the law on the State education grants.

§ 2. The Minister may approve an institution under section 1, if the institution is incorporated as an appropriate part of a nationwide or regional planning to fulfilment of observed or anticipated need for such institutions. The Minister may impose conditions for approval.

(2). An approval in accordance with paragraph 1 may be withdrawn if there is no further need for the institution, including in relation to the need for education and training providers in a nationwide or regional planning, or if the institution due to its economic situation is deemed unfit to continue its business.

(3). The Minister can oppose the abandonment of an institution, if, after the Minister's discretion is still needed for the institution, and may fix the terms for the institution's continuation.

(4). The institution's relationship shall be regulated by a Statute approved by the Minister. The Minister may lay down rules on the content of the statutes in one of Minister for Education issued standard regulations.

§ 3. In the event of termination of the institution be used left over to bring fortune for educational and training purposes after learning the Minister's determination, see. However, paragraph 2.

(2). If there is coverage in the residual assets, used the institution's net asset value calculated per 31. December 1990, as well as the gifts bestowed on the 1. January 1991 or later in the form of movable property, real estate and construction grants for real estate for the purposes set out in the applicable statute at any time. For institutions which, at the time of release for this law is approved in accordance with the law on arbejdsmarkedsuddannelses centres, are the dates in 1. However, respectively, paragraph 31. December 1993 and 1. January 1994.

(3). Assets arising from an independent institution within the public administration, which as at 31 December 2003. December 2006 was the County municipal regulation. § 4 a, paragraph 1, shall accrue to the Treasury by the institution's termination.

(4). For merged educational institutions, which included self-governing institutions within the public administration shall be determined the individual institutions ' assets, the share of the basic regulation. paragraphs 1 and 2, at the time of the merger. Upon termination falls to the share of net assets that originates from the former County municipal institutions ' assets, the Treasury. Other net assets shall be distributed in accordance with the rules laid down in paragraphs 1 and 2.

(5). The Minister may lay down detailed rules on the inventory of assets in accordance with paragraphs 1 and 2.

§ 4. The Minister may, on the recommendation of the Board of Directors of one or more institutions, the Board of Directors of one or more institutions for training secondary school, the Board of Directors of one or more institutions for training to higher preparatory exam as well as the Board of Directors of one or more institutions for general adult education etc., approve, that two or more of the institutions merged into one institution which is approved to offer courses for one or several laws. Rules on training and subsidies for education follows the rules laid down in the respective educational laws. The Minister decides, after which institutionslov the merged institution is approved. The merger between an institution of general secondary education, education to the higher preparatory examination or general adult education and an institution for vocational training will find the provision in section 26 of the law on institutions of general secondary education and general adult education etc. apply for the part of the merged institution, which carries out training for stx, hf or avu. From the merger be dissolved without liquidation by transfer institutions of their assets and liabilities to the continuing institution.

(2). The Minister may, on the recommendation of the Board allow an institution which is approved according to the law, by splitting entrusts its assets and debts as a whole or a part of it to one or more non-profit educational institutions.


(3). It is a condition of obtaining permission in accordance with paragraphs 1 and 2, that from the merger or Division does not take place restrictions on existing rights. In the staff regulations of the continuing or receiving institution must be included provisions which ensure that the participating institutions ' purposes are catered for. In the same way should there be included provisions guaranteeing any statutory rights to a participating institution's assets, if the lease is not triggered by the merger or the Division.

(4). Merger and demerger in accordance with paragraphs 1 and 2 may be carried out without the consent of the creditors.

(5). The Minister shall determine the conditions under which the Danish public companies Act Chapter 15 shall apply mutatis mutandis on the merger or demerger in accordance with paragraphs 1 and 2.

§ 4 a. Institutions for vocational training, which was previously the County Municipal, or which is the result of one or more mergers or divisions of independent educational institutions, who was previously the County Municipal, are self-governing institutions within the public administration.

(2). Institutions prior to the 1. January 2007 was approved pursuant to section 1, paragraph 1, may decide to be self-governing institutions within the public administration. This must be reflected in the institution's Statute.

Chapter 2

The institution's Board of Directors

§ 5. The institution is managed by a Board of Directors.

(2). The Board consists of 6-12 members. The Minister may authorize the Board of Directors consists of more than 12 members, see. paragraph 10. The Board of Directors shall be composed in such a way that the majority of the voting eligible members are external, mainly from the institution's local area. The Management Board shall elect a Chairman from among the members, there are exogenous.

(3). The Board's members must collectively help to promote the institution's strategic work with their experience and knowledge in education and in the labour market needs for education.

(4). External members are appointed in their personal capacity and shall collectively have experience in management, organization and economy, including assessment of budgets and accounts. One or more municipal councils in the Association shall appoint 1 member to the Board of Directors. The members appointed by the employers ' and workers ' organizations, should be equally represented on the Board.

(5). 2 members appointed by and among the employees at the institution, of which 1 have the right to vote. Student Council, see. section 35, shall appoint two members, of which 1 have the right to vote. The student, who has the right to vote, shall be competent. Employee designated Board members are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.

(6). The institution's Director is the Board's Secretary and participates in the meetings of the management board without the right to vote.

(7). The following persons may not be members of the Board of Directors:





1) Persons who rent properties, etc. for the institution.

2) members of the Board of Directors of foundations, companies, associations or other companies who rent properties, etc. for the institution, or which control landlord of properties, etc. for the institution.

3) Lawyers, accountants or similar advisers for persons covered by nr. 1, or for funds, companies, associations or other undertakings covered by nr. 2.

4) Employees in senior positions with individuals who are covered by the No. 1, or in foundations, societies, associations or other undertakings covered by nr. 2.





(8). Are tenancy of negligible, paragraph 7, nr. 1-4, shall not apply. The Minister shall lay down rules on the subject.

(9). Of the Board, the Manager and other employees of the institution applies the provisions of Chapter 2 of the law on conflict of interest and management in Chapter 8 on secrecy, etc., see. However, section 4 (a), paragraph 2.

Paragraph 10. The Minister may in exceptional cases authorise the derogation from the provisions in paragraphs 2 and 4, including in connection with the merger of the institutions.

§ 6. The institution can make the Board separate remuneration in accordance with detailed rules to be determined by the Minister for education after the negotiation with the Minister of finance.

The Board's tasks

§ 7. The Board of Directors has the overall leadership of the institution. The Management Board shall establish rules of procedure for its operation.

(2). On the recommendation of the Board of Directors shall establish the annual programme leader for the institution's activities and approves the budget and accounts.

§ 8. The Board must work to ensure that the institution's provision of basic vocational education, continuing education, see. section 1, as far as possible satisfies the need for appropriate training of learners and businesses.

(2). The Management Board shall, in accordance with the recommendation of the head of the institution's decision offer of vocational basic, in-service training and on the implementation of other educational activities such as income generating activities and other relevant activity. The Minister of education may, in exceptional cases, allow the institution to offer a specific injunction education.

§ 9. The Board hires and dismisses the head and on the recommendation of the manager approves the hiring and dismissal of the institution's staff.

(2). The Board of Directors may lay down detailed guidelines for the Manager's activities and can authorise the Manager to in a given ofeyl exercise powers conferred on the Board.

(3). Decision on suspension, the launching of the official investigation, the designation of the interrogator, the imposition of disciplinary punishment and the construction of the libel action taken by the institution's Board of Directors.

(4). The Board hires and dismisses the institution's auditor. The Management Board shall inform the Ministry about the selected auditor and of the auditor change.

The Board of Directors ' responsibility

§ 10. The Board is the Minister responsible for the institution's operation against, including for the management of the State grants, see. § 11.

(2). If the Board fails to comply with an order of the Minister of education for the rectification of specified conditions, the Minister may decide,





1) that the Board's tasks or parts thereof for a period of time are carried out by persons designated by the Minister, or

2) that the Board resign so that a new Board of Directors will be appointed in accordance with the rules of the institution's Statute.






(3). If the Board of directors by its dispositions brings the institution's continuation at risk, the Minister may decide that the Board resign immediately, and may in this connection insert a temporary control, pending the appointment of a new Board of Directors in accordance with the rules of the institution's Statute.

§ 11. The Management Board shall manage the institution's resources, so they turn into the greatest possible benefit for the institution's purpose.

(2). The institution is obliged to maintain its buildings on a sound level in accordance with one of the Board of Directors approved the multi-annual plan and to ensure a sound standard of equipment, etc. to the eligible activities. The Minister may lay down detailed rules concerning the institutions building construction.

(3). The institution must be the greatest possible account of safety put the cash on one or more of the following ways:





1) in fund assets or debt securities, for which the Danish State or a Danish municipality stands as issuer or guarantor.

2) in fund assets issued by mortgage credit institutes, Credit Association of municipalities in Denmark or other Danish financial institutions under public supervision.

3) As deposits in financial institutions resident in Denmark or in another country within the European economic area (EEA).

4) in securities from an EU/EEA Member State, which, by their nature and safety can be equated to the assets referred to in point 1. 1-3, with the exception of shares and unit trust.





(4). The institution may regardless of the provision in paragraph 3, no. 4, taking the utmost account of the security, to the extent necessary, affix the cash resources in cooperative evidence with limited liability or in shares in the Bank, as the institution uses as his usual bank connection, and in evidence with limited liability cooperative utilities, etc., if the institution thereby achieve economic benefits. Shares and the shares to be disposed of, if the institution change financial institution or no longer achieves the economic advantage.

Locus standi

§ 12. The decision to bring a lawsuit against the Board members, managers, accountants or other on the occasion of the loss suffered by the institution may be taken by the Board or by the Minister for education.

The institution's leader

§ 13. The institution's day-to-day management is handled by a Manager, who shall ensure





1) that education is carried out in accordance with the applicable rules,

2) to the educational relationship is sound,

3) that the Board approved budget are respected, and

4) to the institution's business is otherwise in accordance with the Governing Board's decisions and guidelines.





(2). The head of the institution shall give the proposal for a programme of activities in the coming year to the Management Board.

Chapter 3

Grants

§ 14. An institution which has been approved in accordance with the law, in his work as a self-governing institution be independent, and the institution's funds should only get the institution's purpose.

§ 15. The Minister is providing grants or loans to institutions in accordance with paragraphs 2 to 8.

(2). The Ministry of Education subsidizes the common expenses in the form of land grants, to be determined at the annual finance laws, and value added subsidies granted from each institution's number of yearly students and a charge per årselev. Tariffs per årselev be determined at the annual finance laws for groups of students.

(3). The Minister is providing value added grants to the institutions ' acquisition and maintenance of premises, buildings and land from each institution's number of yearly students and a charge per årselev. Tariffs per årselev be determined at the annual finance laws for groups of students.

(4). The Minister shall lay down rules on the calculation of yearly students in accordance with paragraphs 2 and 3.

(5). Foreign participants in higher education can only be included in the calculation in accordance with paragraphs 2 and 3 and section 19, paragraph 4, if the





1) has been granted permanent residence permit or temporary residence permit with possibility of permanent stay in Denmark,

2) is exchanged with the Danish participants after agreement between the institution and the institution abroad or

3) under EU law, including the functioning of the EEA Agreement, or international agreements to which Denmark has concluded, are entitled to equality with Danish nationals.





(6). The institution's provision of higher education to other foreign participants other than those referred to in paragraph 5, is done as income generating activities.

(7). The Minister may make loans and grants to institutions which, in the Minister's discretion has come in a particularly difficult economic situation. Loan or grant is conditional upon the institution follows the Minister's requirements for overhaul of the institution's activities with a view to the recovery of its economy.

(8). The Minister may make grants and loans in connection with the merger or demerger of the institutions.

section 15 (a). The Minister may authorise an institution operates student activities as income generating activities, if the institution was a County municipal institution and drives student activities at 31 December 2003. December 2006. Similar applies to institutions that merged with a former County municipal institution, incorporating a college.

§ 16. Municipalities may award grants to institutions for vocational training for capital expenditures for the construction or future developments. Municipalities can not without specific legal authority to provide grants to the institutions ' operating expenses or loans for capital expenditures.

§ 17. Agreements, including rent and property agreements to be concluded on terms which are not inferior to the institutions than usual market conditions, and to search changed, if the evolution of market conditions warrant it.

§ 18. The Minister may provide grants to cost departments, if these





1) operated by an institution approved by the law or by another independent institution and

2) is accommodation for participants in eligible degree programs.





(2). The Minister shall lay down rules for admission to the dietary departments and for payment for Board and lodging.


(3). Subsidies in accordance with paragraph 1 is made up of value added subsidies granted from the individual dietary department number of diet yearly students and a charge per boarding årselev. Tariffs per diet årselev determined on the annual finance laws for different groups of participants in the training. Participants, who pay full price for the use of the dietary Department in accordance with the rules laid down in accordance with paragraph 2, shall not be included in the grant calculation. There may also be granted basic grants, which shall be determined at the annual finance laws.

(4). The Minister shall lay down rules on the calculation of cost yearly students for different groups of participants in accordance with paragraph 3.

section 18 (a). The Minister may grant special grants to the institutions ' costs of pupils, trainees and students, who according to the law on vocational education, the law on education for baccalaureate, law on education to the higher commercial examination (hhx) and the higher technical examination (htx) and in accordance with the law on education to higher preparatory exam must be supplied with special educational assistance.

(2). The Minister may lay down rules on the administration of special grants to the expenditure referred to in paragraph 1, including regarding an application, sought expert opinions, deadlines, award, payment, the payment of advances and repayments from the institutions as well as reimbursement of expenses incurred by the institutions in accordance with the assignment. The Minister may determine that the grants are administered by the Agency for the State's Educational support, as well as to the individual institutions must submit the necessary information to the Agency in connection with the allocation and control of subsidies, including the information to be provided in electronic form.

section 18 (b). The Ministry of Education subsidizes the teaching certificate, see. law on secondary education in the secondary education, on the basis of each institution's number of årspædagogikum candidates. Tariffs per årspædagogikum candidate fixed on the annual finance laws for one or more groups of educational courses.

(2). The Minister shall lay down rules for grants pursuant to paragraph 1, including the reports and activity of inventory of årspædagogikum candidates. 1)

§ 19. The Minister may lay down rules on the reimbursement of the direct costs of training by teaching institutions in cases where no grant for educational expenditure in accordance with the law on education.

(2). The subsidy shall be granted as a protein supplement based on each institution's number of yearly students and a charge per årselev. Tariffs per årselev be determined at the annual finance laws.

(3). The Minister shall lay down rules on the calculation of yearly students.

(4). State grants a special allowance at the completion of training, which is not supported by the law on education. The rate is fixed on the Finance Bill. The Minister shall lay down detailed rules concerning the conditions for and the calculation of the special allowances.

§ 20. The Minister of education may be wholly or partially subsidize development and experimentation or for other special purposes as well as for the implementation of new programmes at the institutions.

§ 21. The award of grants under section § 15-19 are subject to increase in assets arising from the period of the 1. January 1991 or later, respectively, the 1. January 1994, for institutions, which at the time of release for this law is approved in accordance with the law on arbejdsmarkedsuddannelses centres, in the case of the institution's or Department's cessation of diet used for teaching and training purposes after the Education Minister's determination. However, this does not apply to in § 3, paragraph 2, referred to gifts.

section 21 (a). Grants under section § 15 and 18-20 shall not be granted to cover expenditure incurred by the institutions for payment of fees pursuant to the VAT law.

(2). The Minister compensates the institutions for expenses for payment of fees pursuant to the VAT law, which after the VAT law cannot be deducted on a company's inventory of tax liability (not fradragsberettiget purchase VAT), and as institutions incurred by the purchase of goods and services, for which a grant in accordance with sections 15 and 18-20.

(3). The Minister shall lay down near me re rules on compensation in accordance with paragraph 2 and can including decide that there must be an a conto-scheme for VAT compensation to institutions.

section 21 (b). The Minister may, in accordance with the negotiation with the Minister of science, technology and innovation to empower University and property agency to oversee the administration of the buildings, rent contracts and leases, as the Ministry of education on 1. January 2007 to take over from the county municipalities of Copenhagen and Frederiksberg municipalities, regional municipality of Bornholm and hovedstadens sygehusfællesskab, see. section 12 of Act No. 590 of 24. June 2005.

§ 22. The institutions have freely within their purpose in the use of the total governmental grants pursuant to section § 15-21 and other revenues as a whole. It is a condition that the institutions comply with the provisions applicable to the individual education and purpose, and conducts the training activity, diet Department activity or other activity which grants are conditional upon. Institutions can save subsidies for use in the following fiscal year for institutional and educational purposes.

(2). If grants under section 20 is granted on the condition that unused funds refunded, this supplement is not covered by paragraph 1.

§ 23. Institutions must follow the laid down by the Minister of finance or the agreed provisions on wages and conditions of employment, including pensions, for the staff employed by the institution.

(2). The provisions of section 10, paragraph 1, and sections 19 and 25 of the Act on civil servants shall apply to the staff of the institutions, who are employed on terms equivalent to civil service terms. Article 21, paragraph 4, of the Civil Service Act applies to members of the institutions ' boards of Directors.

§ 24. The Minister may, by the award of grants to institutions provide conditions that promote the purpose of the Act on an active employment action (social clauses). The Minister may lay down detailed rules on the subject.

§ 25. The institutions shall, as a condition of obtaining grants follow the Treasury rules of supply and outsourcing of governmental operation and construction tasks.

(2). The Minister may, in accordance with the debate with the Finance Minister lay down detailed rules concerning the institutions ' budget and authorization system and for payment of grants to the institutions.

Chapter 4

Accounting and auditing


section 26. The institutions ' financial year is the financial year. At the end of the financial year are drawn up a comprehensive financial statements income statement, balance sheet, and the fixed asset list. The accounts must be signed by the Management Board and head of the institution. The institutions ' financial statements are submitted to the Ministry of education. In connection with the submission of financial statements to the Ministry of education of the members of the Management Board must make a Declaration on their honour stating that they meet the conditions for being members of the Board of Directors, see. section 5, paragraphs 7 and 8.

(2). The institutions shall be audited by the Auditor General pursuant to section 2, paragraph 1, of the law on the revision of the State's accounts, etc. Also shall be appointed by the Board of Directors of the institution of an internal auditor, who shall be chartered or registered auditor to perform the audit in accordance with the rules laid down by the Minister for education after the negotiation with the Auditor General. The Management Board shall inform the Ministry of education and the Auditor General on the designated internal auditor and on change of internal auditor.

(3). The Minister for education and the Auditor General may, within the meaning of section 9 of the Act on the audit of State accounts, etc. Agreement, to audit tasks carried out in a defined cooperation between the auditor and the internal auditor referred to in paragraph 2. The Auditor General may require the Board to appoint a second internal auditor to perform this audit assignment, if the internal auditor is not satisfactorily meet the requirements of the in accordance with paragraph 2 2. item, issued rules on internal audit or otherwise does not comply with the duties as internal auditor.

(4). The accounts shall be presented in accordance with rules to be fixed by the Minister. The institution's accounting must be in accordance with the rules laid down by the Minister for education.

(5). The Minister shall lay down detailed rules on auditor's scrutiny of the institution's information for use in the calculation of government subsidies.

§ 27. The Management Board shall ensure that the auditor meets the requirements for independence in section 11 of the Act on Chartered and registered accountants. The Board shall also not assume an accountant, who at the same time, the auditor of the landlord of the premises, etc., as the institution uses, or for funds, companies, associations or other undertakings that control landlord, unless the rent ratio is of negligible. The Minister sets out rules about when the rent ratio is of negligible. Meets Auditor not satisfactorily the requirements to the review under this Act or rules thereunder, or overrides, incidentally, his duties as auditor, Auditor, the Minister may impose on the Board within a specified time limit to appoint another auditor.

section 28. If the audit report indicates that there are offences or other unacceptable conditions in relation to the management of the institution's resources, the Minister shall, if the revision gives rise thereto as soon as possible take measures to the re-establishment of a legitimate and sound management. The same applies if the Minister otherwise will be made aware of the matters referred to.

Chapter 5

Supervision and disclosure obligations

section 29. The Minister shall supervise institutions.

(2). The Minister considers that an institution's business is not in accordance with the law or the rules or agreements established or entered into under the law, the Minister may issue orders to the institution to change the undertaking concerned.

section 30. The Minister may, for the institutions that do not follow the provisions of this Act or rules thereunder, rules or agreements on pay and conditions of employment referred to in article 6. Article 23, paragraph 1, or the Minister's injunction, see. section 29, paragraph 2, withholding allowance, let grants be canceled in whole or in part, or to demand reimbursement repaid in whole or in part. The Minister may withhold subsidies or let lapse for institutions that grant claimed declared bankrupt or stops their payments, or when there is a danger that an institution's business must be set. The Minister may also require subsidies paid, if the basis for the calculation of the grant or subsidy calculation, incidentally, have been erroneous. Too much paid grants can be offset in future grant payments.

section 30 (a). The Minister may require the Board to enter into an agreement with the Minister's efforts if the Minister finds that the quality of an institution's tuition or education is insufficient.

(2). Action agreement should inter alia establish objectives for the quality of the teaching or training and the necessary steps to remedy the inadequate quality.

(3). The Minister of education may, in exceptional cases, provide grants for remediation of insufficient quality in teaching or training in connection with the conclusion of an action plan.

section 31. The Minister may obtain all information from the institutions of education, participants in the training, staff, equipment, rent agreements, agreements on property purchase and other agreements, the institutions ' operation incidentally and on board members, see. section 5, paragraphs 7 and 8, to be used for the determination of subsidies, review of financial statements, the implementation of the monitoring and compilation of statistics. The Minister may decide that such information shall be supplied in electronic form, including in the format of the delivery shall be effected, as well as establish requirements for control and security measures. The Minister may lay down detailed rules on the subject.

(2). The Minister may provide for institutions or groups of institutions must apply common administrative systems along with other institutions. The Minister may lay down detailed rules on the subject.

(3). The Minister may, by the use of different administrative systems of the institutions establish requirements to do so.

(4). The Minister may lay down rules on electronic communications between the institution and the Ministry of education, between the institution and other public authorities and educational institutions covered by the Ministry of law, as well as between the institution and the users of the institution, including on the use of digital signature.

section 32. The institutions shall, as a condition of obtaining grants follow orders, rules, etc. from the Minister pursuant to section 29, paragraph 2, and section 31.

section 33. Institutions must ensure that information on the institutions for training Minister quantification in an easily accessible way is illuminated on the institutions ' website on the Internet.


Chapter 6

Cooperation and advice

section 33 (a). An institution of vocational education, see. section 1, paragraph 1, may, in agreement with other institutions for vocational education, one or more governmental self-governing educational institutions, vocational academies and private secondary schools, matriculation courses and courses for higher preparatory exam carry out specified administrative tasks for one or more of the mentioned other educational institutions. The Minister may lay down rules to that effect.

(2). For the institution's activities covered by paragraph 1 shall VAT kompensationsordningen under section 21 (a) apply mutatis mutandis.

section 33 (b). (repealed)

§ 34. The institutions shall cooperate with other institutions that have been approved in accordance with the law, and other educational institutions in a local community. The collaboration aims to ensure that the institutions use their resources in the best way possible, and that they inform and guide concerted about their overall training offerings. Cooperation may concern the supply of education and training.

(2). Within the framework of cooperation forms the institutions a local joint cooperation forum, which will meet at least once each quarter.

§ 34 a. Regional Council will coordinate the overall effort in the region in order to ensure consistency in the provision of secondary education, including with regard to the geographical location of the supply and the capacity of education and training, in order that there is a sufficient and varied learning opportunities for young people in the region. Regional Council of coordination takes place in cooperation with all independent institutions that are authorized to offer one or more secondary schools in the region, with the exception of private secondary schools and private hf-courses.

(2). In order to support the region's development plan can Regional Council upon application from an independent institution provide purpose and time-bound development grants, including fixed reimbursement for, among other things. After training, information, development of courses, elective courses and more specialized fields of study for the secondary education, referred to in paragraph 5, except for secondary education, which takes place on private hf-courses and private secondary school, as well as grants for the development of an institution in a rural or peripheral area. On the island of Bornholm chaired the Regional Council task however, Councillor.

(3). The institutions that are authorized to offer one or more of those listed in paragraph 5, no. 3-5, referred to secondary education in the region, is working with the Regional Council and with other institutions providing secondary education, on the coordination referred to in paragraph 1.

(4). Cooperation between the institutions in accordance with paragraph 3, providing in paragraph 5, no. 1-2, said education, and Regional Council takes place, however, through the binding collaborations, as referred to in section 7 (c), paragraph 1, of the law on institutions for training for baccalaureate and section 18 (c), paragraph 1, of the law on institutions of education for higher preparatory exam.

(5). Coordination include:





1) Training to secondary school.

2) Training for higher preparatory exam.

3) Training to higher commercial examination.

4) Training to higher technical exam.

5) was progressing in the vocational education and training.





section 34 (b). The Regional Council shall give its recommendations to the Minister about the on-the-spot location of new training places in the region for the section 34 (a), paragraph 5, no. 3-5, said education.

section 35. Establishment of a Council for participants in training at each institution for vocational training. The Minister shall establish rules regarding the election of the councils and their activities. The Council shall appoint representatives of participants in training for Committee, etc., which the institution has been set up to address issues of importance for the participants in General. However, this does not apply to committees, etc., where participants ' participation would be contrary to other legislation.

§ 35 (a). The Minister may on the recommendation of the boards of the individual institutions may waive the law in order to create a special opportunity for cooperation and merging of institutions for higher education and for youth and adult education on the island of Bornholm.

Chapter 7

Various provisions

§ 36. Institutions must at the range of courses and other activities such as income generating activities follow good business practices and must not inflict other unfair price competition.

section 37. Institutions can provide eligible vocational initial and further training, when the institution is approved for this purpose in accordance with the rules for training or after this Act § 19.

(2). For other educational institutions, private providers and businesses that are approved to provide specific training in accordance with the rules of education, finds the rules in sections 18 and 29-31 apply with respect to the relevant courses. The Minister may provide that sections 15 and 26-28 shall apply, in full or in part and to section 33 shall apply.

section 37 (a). For teaching after the law on education to the higher commercial examination (hhx) and the higher technical examination (htx) section 46 applies, paragraph 1-8 of the law on establishments of general secondary education and general adult education etc.

(2). The Minister may delegate its powers under section 46, paragraph 8, of the law on institutions of general secondary education and general adult education etc.

section 37 (b). (repealed)

Complaint

section 38. In accordance with detailed rules laid down by the Minister of education may complain about an institution's decisions brought before the Minister.

section 38 (a). Decisions taken by the Agency for the State's Education aid shall take on the allocation of grants for additional costs to students, trainees and students in need of special educational assistance, see. section 18 (a), of the students and the students within 4 weeks of the date of notification of the decision brought before the Appeals Board for Education aid. The Appeals Board shall take the final administrative decision.

(2). In dealing with a complaint against the decision taken pursuant to paragraph 1 be upheld the Appeals Board of a special expert member appointed by the Council of organisations of disabled people.

(3). The Minister may lay down rules governing the review procedure referred to in article 6. (1).

Chapter 8

Date of entry into force and transitional provisions

§ 39. The law shall enter into force on the 1. July 2002, see. However, section 40.

(2). The following laws are hereby repealed:





1) law on vocational schools, see. lovbekendtgørelse nr. 962 of 26. October 2000.

2) law on arbejdsmarkedsuddannelses centers, see. lovbekendtgørelse nr. 613 of 26. June 2000.






(3). Rules laid down on the basis of the laws referred to in paragraph 2, with the exception of Decree No. 510 of 7. June 2000 on the standard Statute of arbejdsmarkedsuddannelses centres and Decree No. 1155 of 19. December 1994 on the granting and settlement of government loans to independent arbejdsmarkedsuddannelses centres for the purchase, construction and remodeling of real property, shall remain in force until they are replaced by rules laid down on the basis of this Act or is repealed.

(4). Local Education Committee, created pursuant to § 25 of the by (2). 2, repealed the law, continue to perform their previous tasks in accordance with those covered by section 26.

(5). section 5, paragraphs 2 to 4, for the institutions, which at the time of release for this law is approved in accordance with the Act on vocational schools or in accordance with the law on arbejdsmarkedsuddannelses centres, at the latest, be fulfilled at the earliest the reappointment of Board members. In institutions that are the result of a merger between such institutions, local institutions and interest groups with ties to the institution of the first designation period after the merger is appointed to the management board without the right to vote.

(6). section 26 (4), 2. paragraph, and article 27, paragraphs 1 and 2, for institutions, which at the time of release for this law is approved in accordance with the law on arbejdsmarkedsuddannelses centres, be fulfilled no later than the 1. July 2003, or when the Auditor can legally be terminated according to the contract.

(7). § 14 (2) and (3) of law No. 478 of 31. May 2000 amending various laws on non-profit educational institutions apply to institutions which, at the time of release for this law is approved in accordance with the Act on vocational schools.

(8). Personnel employed by one of the State's AMU-centres as at 31 December 2003. December 1995, which was covered by the rules on State support scheme for non pensionable staff secured in government service, retain the right to support in accordance with the rules.

§ 40. Institutions that are approved after the in section 39, paragraph 2, referred to by the entry into force of this Act shall pass laws, for approval in accordance with this law, § 2, paragraph 1. The statutes of the institutions shall be brought into conformity with this Act not later than the 1. January 2004. The Minister may revoke the approval of an institution, if the condition set out in 2. paragraph are not met.

(2). Institutions which, at the time of release for this law is approved in accordance with the law on arbejdsmarkedsuddannelses centers, released for building its pattern, see. section 15 (3) per 1. January 2003. At transition to building value added funding, these institutions are in a transition period, whose length is determined by the Minister for education, get building grant is regulated with a supplement or deduction, determined on the basis of the difference between the subsidy after the existing building and the new rules. Addition and deduction is phased out gradually and will lapse at the end of the transitional period.

(3). The Minister may lay down detailed rules concerning the increases and reductions referred to in paragraph 2.

(4). Institutions which, at the time of release for this law is approved in accordance with the law on arbejdsmarkedsuddannelses centers, get settled their intercompany accounting with the State on 1 January 1993. January 2003 during 2003.

(5). The Minister may, on certain conditions, transfer State real estate to the institutions referred to in paragraph 4. Equipment and the like, for use by institutions is made available by the State, are transferred to the institutions ' property.

(6). The Minister may, in connection with the merger or demerger of institutions for vocational education in exceptional cases derogate from the provision in the Act on labour market training section 17, paragraph 3, 2.-4. point, that as a general rule, approval is only given within an education system, and on the minimum activity per training place within a defined geographical area as the basis for approval to offer concrete labour market training.

§ 41. The law does not apply to the Faroe Islands and Greenland.

§ § 42-55. (Omitted)




Act No. 1080 by 17. December 2002 includes the following entry-into-force provision:



§ 11

(1). The law shall enter into force on the 1. January 2003, see. However, paragraph 4.

Paragraphs 2 to 6. (Omitted)




Act No. 1083 by 17. December 2002 includes the following entry-into-force provision:



§ 9

The law shall enter into force on the 1. January 2003.




Act No. 418 of 10. June 2003, includes the following entry-into-force provision:



§ 24

(1). The law shall enter into force on the 1. July 2003.

Paragraphs 2 to 5. (Omitted)




Act No. 1156 of 19. December 2003 includes the following entry-into-force provision:



§ 9

The law shall enter into force on the day after publication in the Official Gazette and shall apply in connection with redundancies, where the decision to dismiss will be taken after the entry into force of the Act, and in connection with other change of circumstances, happens after law comes into force. 2)




Act No. 98 of 18. February 2004 includes the following entry-into-force provisions:



§ 10

(1). The law shall enter into force on the 1. August 2005, see. However, paragraphs 2 to 4.

Paragraph 2-3. (Omitted)

§ 11

The law does not apply to the Faroe Islands and Greenland but may by Royal Decree, with respect to sections 1, 2 and 7, enter into force for Greenland of the variances, as the special Greenlandic relation aims.




Act No. 361 of 19. May 2004 includes the following entry-into-force provision:



§ 9

(1). The law shall enter into force on the 1. July 2004.

(2). (Omitted)




Act No. 334 of 18. May 2005, includes the following entry-into-force provision:



§ 8

The law shall enter into force on the 1. August 2006 and applies for foreign students, participants and students, who are admitted in order to commence a training in fall semester 2006 or later.




Act No. 590 of 24. June 2005 includes the following entry-into-force provision:



§ 14

(1). The law shall enter into force on the 1. January 2007, see. However, paragraphs 2 and 3.

Paragraph 2-3. (Omitted)


(4). The departmental and municipal institutions by the Act's entry into force provider training for baccalaureate (stx), programme to the higher preparatory examination (hf), basic social and health education and general adult education, surpassing the 1. January 2007 for approval pursuant to section 6, paragraph 1, of the law on institutions for training for baccalaureate, section 15, paragraph 1, of the law on institutions of education to the higher preparatory examination, § 2, paragraph 1, of the law on institutions of vocational education and article 12, paragraph 1, of the law on the general adult education and on adult education centres. The Minister may, on the recommendation of the Provisional Board of Directors decide to Bornholm's Health-and nursing school surpasses the 1. January 2007 for approval under section 2, paragraph 1, of the law on institutions of vocational education, and in this context may derogate from the provisions of the Act. Draft regulations are submitted by the interim Board of the Ministry of education before the 1. November 2006. The Minister may determine the institution's Statute, if the institution does not have an approved Statute before the 1. January 2007. The Minister may, on the recommendation of the Provisional Board of Directors and the Board of Directors of an institution for vocational training may decide that a County municipal institution, without prejudice. 1. paragraph, from the 1. January 2007 will be involved in an institution for vocational training. The Minister may also, upon the recommendation of the provisional boards of Directors decide that a County municipal institution merged with another county municipal institution, without prejudice. 1. item.

(5). The Minister may lay down detailed rules on the award of grants and can including for those in article 6 of the basic regulation. § 7, referred to institutions in a transitional period, derogate from the provisions concerning grants in Chapter 3 of the law on institutions for vocational training. The Minister can determine that in 2007 will continue to be able to give grants in added funding appropriation for general adult education and test preparatory training single subject.

Paragraph 6-8. (Omitted)




Act No. 576 of 9. June 2006 includes the following entry-into-force provision:



§ 5

Paragraph. 1. This law shall enter into force on the 1. January 2007. The provisions in § 1, nr. 2 and § 2, nr. 10, shall enter into force on the day following that on which the law is promulgated in the Official Gazette in order to prepare for the takeover of buildings. 3)

(2). The institution's statutes, see. § 2, nr. 3, must be brought in accordance with the law by 1. January 2009.

(3). (Omitted)

(4). The Minister shall lay down the requirements for the content of the opening balance sheet for a County municipal institution by the Act's entry into force provider training for baccalaureate, degree programme for higher preparatory exam, basic social and health education and general adult education, including on the content of the opening balance sheet of an institution which, after learning the Minister's decision the 1. January 2007 will be involved in an institution for vocational training, see. § 14 (4) of law No. 590 of 24. June 2005.




Act No. 578 of 9. June 2006 includes the following entry-into-force provision:



§ 17

(1). The law shall enter into force on the 1. July 2006 and applies for the rebate that is given from the 1. January 2007, see. However, paragraph 2.

(2). sections 18 and 19 come into force on 1. January 2007.

Paragraph 3-5. (Omitted)




Act No. 561 of 6. June 2007 includes the following entry-into-force provision:



§ 16

Paragraph. 1. This law shall enter into force on the 1. August 2007, see. However, paragraph 2.

(2). (Omitted)




Act No. 562 of 6. June 2007 includes the following entry-into-force provision:



section 49

(1). The law will enter into force on 15. June 2007, see. However, paragraphs 2 and 3.

(2). The provisions of §§ 69-79 shall enter into force on the 1. January 2008.

Paragraph 3-5. (Omitted)




Act No. 346 of 14. May 2008 includes the following entry-into-force provision:



section 49

(1). The law will enter into force on 15. May 2008.

Paragraph 2-3. (Omitted)




Act No. 475 by 17. June 2008 includes the following entry-into-force provision:



§ 19

(1) this law shall enter into force on the 1. August 2009.

(2). The law has the effect of teachers without teacher training course, recruited after the entry into force of the Act.

(3). Diploma in education graduates who have been employed in a position on the General secondary education institutions, and teachers who have been recruited to the test at the vocational secondary school institutions, during the period from the 1. August 2006 to 31 March 2007. July 2009, up to and including the summer 2011 complete teacher training course after the hitherto applicable provisions of Chapter 6 of the law on education to the matriculation examination (stx) (gymnasieloven), Chapter 6 of the law on education to the higher preparatory examination (hf-law) and Chapter 6 of the law on education to the higher commercial examination (hhx) and the higher technical examination (htx) and regulations issued thereunder.

(4). In accordance with the guidelines laid down at the annual finance laws granted to activity within the scope of paragraph 3 in accordance with section 30, paragraph 8, of the law on institutions of general secondary education and general adult education, etc., as amended by this Act, section 23, no. 2, and section 18 (b) of the law on institutions for vocational education as amended by this Act, section 24, no. 1.




Act No. 543 of 17. June 2008 includes the following entry-into-force provision:



§ 6

Paragraph. The law shall enter into force on the 1. August 2008.

(2). (Omitted)
The Ministry of education, the 22. September 2008 Bertel Haarder/Margrethe Øhlenschlæger Official notes 1) Provision shall enter into force on the 1. August 2009, see. § 19 of the lov nr. 475 by 17. June 2008.

2 the law is promulgated in the Official Gazette) on 22 May. December 2003.

3 the Act is promulgated in the Official Gazette) on 10 July. June 2006.

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