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Statutory Instruments
1992 No. 817 (C.28) (S.87)
EDUCATION, SCOTLAND
The Further and Higher Education (Scotland) Act 1992 (Commencement No.1 and Saving Provisions) Order 1992
Made
16th March 1992
The Secretary of State, in exercise of the powers conferred on him by section 63(2) of the Further and Higher Education (Scotland) Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation
1. This Order may be cited as the Further and Higher Education (Scotland) Act 1992 (Commencement No.1 and Saving Provisions) Order 1992.
Interpretation
2. In this Order-
"the Act" means the Further and Higher Education (Scotland) Act 1992;
"the 1989 Act" means the Self-Governing Schools etc. (Scotland) Act 1989(2); and
"the 1990 Act" means the Education (Student Loans) Act 1990(3).
Appointed days
3.-(1) The day appointed for the coming into force of-
(a)section 44 of the Act for the purpose only of authorising the making under that section of an Order which is expressed to come into force on or after 16th May 1992, is 25th April 1992;
(b)section 63 of the Act is 25th April 1992; and
(2) The days appointed for the coming into force of the provisions of the Act specified in column (1) of each of Schedules 1, 2, 3 and 4 to this Order to the extent that they do not come into force on 25th April 1992, are 16th May, 1st June and 1st September 1992 and 1st April 1993 respectively, but where a particular purpose or extent is specified in relation to any such provision that provision shall come into force only for that purpose or to that extent.
Saving provision
4. The saving provision in Schedule 5 to this Order shall have effect.
Michael B. Forsyth
Minister of State, Scottish Office
St Andrew's House,
Edinburgh
16th March 1992
Article 3(2)
SCHEDULE 1Provisions coming into force on 16th May 1992
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Section 1(3) to (5) | Meaning of "further education" and person who has a learning difficulty for the purposes of Part I |
| Section 3(5) | Power by order to amend certain provisions of Schedule 2 |
| Section 6 | Further education to which section 1 applies |
| Section 11 | First transfer of colleges |
| Section 12 | Boards of management |
| Section 15 | Transfer of staff |
| Section 18 | Disposal of certain property |
| Section 26 | Abolition of college councils |
| Section 27 | Information as to provision of further education |
| Sections 28 to 34 | Transitory and transitional provisions |
| Section 35 | Service of documents etc. |
| Section 36 | Interpretation of Part I |
| Section 38 | Meaning of higher education |
| Section 44 | Designation of institutions |
| Section 45 | Power of Privy Council in relation to designated institutions |
| Section 46 | Establishment of new institutions by Secretary of State |
| Section 47 | Closure of institutions |
| Section 48 | Power to award degrees, etc. |
| Section 49 | Change of name by institutions |
| Section 52 | Exercise of powers of Privy Council |
| Section 55 | Amendment of section 7 of the Teaching Council (Scotland) Act 1965(4) |
| Section 56 | Interpretation of Part II |
| Section 57 | Finance |
| Section 58 | Stamp duty |
| Section 59 | Temporary exclusion of section 5 of Data Protection Act 1984(5) in relation to data transferred to new bodies |
| Section 60 | Regulations and orders |
| Section 61 | Interpretation |
| Section 62, so far as relating to the provisions of Schedules 8, 9 and 10 specified below | Transitional provisions, miscellaneous amendments and repeals |
| Schedule 2 | Constitution and proceedings of boards of management |
| Schedule 5 | Transitional provisions for college councils |
| Schedule 6 | Transitional composition of college councils |
| Schedule 8 | Transitional, consequential and saving provisions |
In Schedule 9- paragraph 1 paragraph 2, for the purposes of subparagraphs (b) and (c)thereof paragraph 3 paragraph 4(1), (2), (4), (5) and (6) paragraph 5(1), (2), (4) and (5) paragraph 6 paragraph 7(1) and (7) paragraph 8(1) and (2) paragraph 12(1) and (2) paragraph 13, for the purposes of subparagraphs (b) and (c) thereof | Miscellaneous and consequential amendments |
In Schedule 10- the entries relating to- Section 29 of the Employment Protection (Consolidation) Act 1978(6); Sections 3, 7, 77 and 135(1) of the Education (Scotland) Act 1980(7) | Repeals |
Article 3(2)
SCHEDULE 2Provisions coming into force on 1st June 1992
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Section 37 | Scottish Higher Education Funding Council |
| Section 39, so far as relating to institutions for whose activities the Council are considering providing financial support | Assessment of quality of education provided by institutions |
| Section 42(1) and (4) | Grants |
| Section 43(1) and (3) to (8) | Further functions |
| Section 50 | Duty to give information to the Council |
| Section 51 | Efficiency studies |
| Section 54(1) and (2) | Directions |
| Section 62(2), so far as relating to the provisions of Schedule 9 specified below | Miscellaneous amendments |
| Schedule 7 | The Scottish Higher Education Funding Council |
In Schedule 9- paragraphs 4(3) and 5(3), so far as relating to the Scottish Higher Education Funding Council paragraph 10 | Miscellaneous and consequential amendments |
Article 3(2)
SCHEDULE 3Provisions coming into force on 1st September 1992
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Section 16 | Transfer of property etc. to boards of management |
| Schedule 3 | Transfer and apportionment of property |
| Schedule 4 | Commissioners for further education assets |
Article 3(2)
SCHEDULE 4Provisions coming into force on 1st April 1993
| Column (1) | Column (2) |
|---|---|
| Provision of the Act | Subject matter |
| Section 1(1), (2) and (6) | Duty of Secretary of State to secure provision of further education |
| Section 2 | Function of education authorities |
| Section 3(1) to (4) and (6) | Powers of Secretary of State |
| Section 4 | Funding of further education |
| Section 5 | Requirement on Secretary of State to consult |
| Section 13 | Subsequent transfers of colleges |
| Section 14 | Transfer of colleges of further education not under local authority management |
| Section 17 | Surpluses and deficits |
| Section 19 | Educational endowments |
| Section 20 | Variation of trust deeds |
| Section 21 | Directions by Secretary of State |
| Section 22 | College development plans |
| Section 23 | Duty of boards of management as regards recorded children |
| Section 24 | Mismanagement by boards |
| Section 25 | Closure of colleges and dissolution of boards of management |
| Section 39, so far as not already in force | Assessment of quality of education provided by institutions |
| Section 40 | Administration of funds |
| Section 41 | Administration of funds: supplementary |
| Section 42(2) and (3) | Grants |
| Section 43(2) | Review of activities eligible for funding |
| Section 53 | Inspection of accounts |
| Section 54(3) | Directions |
| Section 62(2), so far as relating to the provisions of Schedule 9 specified below | Miscellaneous amendments |
| Section 62(3), so far as not already in force | Repeals |
In Schedule 9- paragraph 2, so far as not already in force paragraph 7, so far as not already in force paragraph 8, so far as not already in force paragraph 9 paragraph 11 paragraph 12, so far as not already in force paragraph 13, so far as not already in force | Miscellaneous and consequential amendments |
In Schedule 10- the entries relating to- Sections 8 and 22 of the School Boards (Scotland) Act 1988(8) Sections 54 to 66 and 80 of the Self-Governing Schools etc. (Scotland) Act 1989 | Repeals |
Article 4
SCHEDULE 5Saving Provision
Notwithstanding the coming into force on 16th May 1992 of the amendment to section 1(3) of the 1990 Act specified in paragraph 12(2) of Schedule 9 to the Act, colleges of further education which are managed by a company by virtue of section 65(1) of the 1989 Act shall continue to constitute "institutions receiving support from public funds" for the purposes of section 1 of the 1990 Act until the repeal of section 65 of the 1989 Act comes into force.
Explanatory Note
(This note is not part of the Order)
This Order brings into force on 25th April 1992 section 44 of the Further and Higher Education (Scotland) Act 1992 (for a limited purpose only) and on 16th May, 1st June, 1st September 1992 and 1st April 1993 the provisions of that Act specified respectively in Sched ules 1, 2, 3 and 4 to the Order.
As regards further education, the creation of a new duty for the Secretary of State and the transfer of management of colleges from education authorities to boards of management are to take place on 1st April 1993. Preparation for such transfer of management is to be made in the period leading up to that date. Accordingly, the provisions brought into force-
(a)on 16th May 1992, include the Secretary of State's powers to prescribe the colleges and staff to transfer, provisions protecting college property in the period beginning 22nd March 1991 and ending when the transfer takes place, provisions changing the composition of college councils and other transitional measures;
(b)on 1st September 1992, deal with identification of property, rights, liabilities and obligations to transfer to boards of management on 1st April 1993 and resolution of disputes; and
(c)on 1st April 1993, include those creating a new duty for the Secretary of State as regards further education, giving him associated powers, establishing boards of management with duties and powers and transferring colleges to them.
As regards higher education the provisions brought into force-
(a)on 16th May 1992, relate to the meaning of higher education, the designation by the Secretary of State of institutions, the power of the Privy Council in relation to these designated institutions, the establishment of new institutions by the Secretary of State, the closure of institutions, the power to award degrees, change of name by institutions, amendment of the Teaching Council (Scotland) Act 1965, miscellaneous provisions and repeals;
(b)on 1st June 1992, relate to the establishment of the Scottish Higher Education Funding Council and some of its functions including the assessment of quality of education, grants to the Council, efficiency studies, directions and amendments; and
(c)on 1st April 1993, relate to the administration of funds by the Council and the functions associated with it including terms and conditions of grants, review of activities eligible for funding, inspection of accounts, and directions.