Article 6 Transitional arrangements

(1)

Regulations may make provision—

(a)

for any function which is or may be conferred under or by virtue of a relevant statutory provision—

(i)

to transfer to, or otherwise be exercisable by, the designated person or body; or

(ii)

to be replaced by such function exercisable by the designated person or body as is specified in the regulations,

to such extent as is so specified;

(b)

for any function exercisable by the designated person or body by virtue of sub-paragraph (a)(i) to be exercisable in such modified form as is so specified;

(c)

for the transfer to the designated person or body of rights or liabilities arising under or by virtue of any relevant statutory provision;

(d)

for any such statutory provision to have effect with such modifications as are so specified;

(e)

imposing on persons or bodies of any description so specified requirements with respect to the transfer and preservation of records.

(2)

In this Article “the designated person or body” means the Department or such other person or body as may be designated for the purpose by regulations under this Article.

(3)

In this Article “relevant statutory provision” means any statutory provision mentioned in the Schedule, so far as that provision continues in operation by virtue of any savings made, in connection with its repeal by this Order, by an order under Article 1(3).

(4)

The Department shall, not later than 6 months after the making of this Order, appoint an independent body to review the arrangements for Northern Ireland relating to the payment of grants in respect of fees payable in connection with attendance on the final honours year of first degree courses at higher education institutions in Scotland.

(5)

The Department shall invite—

(a)

the Scottish higher education principals;

(b)

the Committee of Vice-Chancellors and Principals; and

(c)

such other bodies as it considers appropriate,

to make representations to the body established under paragraph (4); and the report of that body shall be laid before the Assembly not later than 1st April 2000.

(6)

If that body recommends that the arrangements referred to in paragraph (4) should be modified in accordance with this paragraph, the Department may modify those arrangements so as to secure that they are no less favourable than the arrangememnts made by regulations under section 73(f) of the 1980 c. 44. Education (Scotland) Act 1980 for the payment of allowances in respect of fees payable as mentioned in paragraph (4).

(7)

In paragraphs (4) and (6) any reference to the arrangements for Northern Ireland is a reference to arrangements made either under Article 50 of the 1986 Order or under Article 3 of this Order.

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481