# The Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992

S.I. 1992/831 · made 16 March 1992

This Order brings into force the provisions of the Further and Higher Education Act 1992 specified in the Schedules thereto on the dates specified in the Schedules.

Made under: Further and Higher Education Act 1992 (Section 89, Section 94)

## Introductory text

This Statutory Instrument has been amended by S.I. 1992/3057 (C.65) which is reprinted overleaf as pages 9 and 10 and is issued free of charge to all known recipients of S.I. 1992/831 (C.31)
EDUCATION, ENGLAND AND WALES
EDUCATION, SCOTLAND
Made 16th March 1992
In exercise of the powers conferred by section 89(4) and section 94(3) of the Further and Higher Education Act 1992, the Secretary of State for Education and Science hereby makes the following Order:

## 1 

This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992.

## 2 

The provisions of the Further and Higher Education Act 1992 (“the Act”) specified in column 1 of Schedules 1 to 4 to this Order (which relate to the matters mentioned in column 2 thereof) shall come into force on the date specified in relation to each Schedule in the following table—
Schedule 1
6th May 1992
Schedule 2
30th September 1992
Schedule 3
1st April 1993
Schedule 4
1st August 1993.

## 3 

Paragraph 10 of Schedule 8 to the Act shall come into force on 1st September 1992 so far as it relates to institutions within the PCFC funding sector and otherwise on 1st April 1993, but this article does not extend to Wales.

## 4 

Notwithstanding the coming into force on 6th May 1992 of paragraphs 61 to 65 of Schedule 8 to the Act paragraph 3 of Schedule 10 to the Education Reform Act 1988 shall continue to have effect in relation to any matter notified to the Secretary of State by the Education Assets Board prior to that date pursuant to that paragraph.

## 5 

For the purposes only of ascertaining under section 48(4)(b) of the Act whether a pay and conditions order would have had effect in relation to a person, no account shall be taken in determining the meaning of “secondary education” in the definition of “school teacher” in section 5 of the School Teachers' Pay and Conditions Act 1991 of the amendments by the Act to the definitions of “secondary education” and “further education” in the Education Act 1944.

## Signature

Kenneth Clarke
Secretary of State for Education and Science
16th March 1992

## Schedule 1 Provisions coming into force on 6th May 1992.

Provisions of the Act
Subject matter of the provisions
Section 1
The Further Education Funding Councils
Section 5(5), (6), (7) and (8)
Administration of funds by councils
Section 6(2), (3) and (4)
Administration of funds: supplementary
Section 7
Grants to councils
Section 8
Supplementary functions
Section 14(1) to (4) for the purposes of the provisions specified in this Schedule
Meaning of “further education” and “secondary education”
Section 15(1), (2), (3), (5), (6) and (7)
Initial incorporation of existing institutions
Section 17
“Further education corporation” and “operative date”
Section 28
Designation of institutions
Section 29
Government and conduct of designated institutions
Section 30
Special provision for voluntary aided sixth form colleges
Section 31
Designated institutions conducted by companies
Section 32
Transfer of property, etc. to designated institutions
Section 33
Provisions supplementary to section 32
Section 39
Control of disposals of land
Section 40
Wrongful disposals of land
Section 41
Control of contracts
Section 42
Wrongful contracts
Section 43
Remuneration of employees
Section 54(1)
Duty to give information to the Further Education Funding Councils
Section 56
Directions
Section 57(3) to (6) so far as it applies to the Further Education Funding Councils
Intervention in the event of breach of duty
Section 59(3), (4) and (5)
Reorganisations, affecting provision for further education, of schools
Section 61
Interpretation of Part I
Section 62
The Higher Education Funding Councils
Section 64
Transitional arrangements
Section 67(2) to (5)
Payments in respect of persons employed in provision of higher or further education
Section 68
Grants to councils
Section 69
Supplementary functions
Section 70
Assessment of quality of education provided by institutions
Section 71
Higher education corporations: constitution and conduct
Section 72
Further power of designation
Section 73
Government and conduct of designated institutions
Section 75
Variation of trust deeds
Section 76
Power to award degrees, etc.
Section 77
Use of “university” in title of institution
Section 78
Financial years of higher education corporations
Section 79
Duty to give information to the funding councils
Section 80
Dissolution of Council for National Academic Awards
Section 81
Directions
Section 82
Joint exercise of functions
Section 83
Efficiency studies
Section 84
Effect of agreements made before date of transfer
Section 86
Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies
Section 88
Stamp Duty
Section 89
Orders, regulations and directions
Section 90
Interpretation
Section 91
Interpretation of Education Acts
Section 92
Index
Section 94
Short title, commencement, etc
Schedule 1
The Further and Higher Education Funding Councils
Schedule 3
Calculation of enrolment numbers
Schedule 6
New Schedule 7A to the Education Reform Act 1988
Paragraphs 1, 9, 13(1) and (2)(a) but only in relation to references to “further education” in provisions of the Act as they are brought into force, 18, 27, 31, 32(b), 34, 36(a), 37(b), 38, 43, 48, 50 (so far as it relates to section 219(2)(e) of the Education Reform Act 1988 only), 51, 54, 56(b) and (c), 59, 61 to 65, 68, 75, 76, 78, 79, 84, 85, 87, 88 and 93(b) of Schedule 8, and section 93(1) so far as it relates to those provisions.
Minor and consequential amendments
Schedule 9 so far as it relates to the repeals of the following provisions of the Education Reform Act 1988: sections 122(2) to (5), section 129(3) and (4), section 136(3) to (7), in section 137(2) “or 129(3)”, section 156 (so far as it relates to institutions designated under section 129 of the Education Reform Act 1988), 219(2)(e), 227(2) to (4), in section 232(3) “or 227”, in section 232(4)(b) “227”, paragraph 19 of Schedule 7, and section 93(2) so far as it relates to those provisions.
Repeals

## Schedule 2 Provisions coming into force on 30th September 1992

Provisions of the Act
Subject matter of the provisions
Section 5(3)
Administration of funds by councils
Section 6(5) and (6)
Administration of funds: supplementary
Section 14(1) to (4) for the purposes of the provisions specified in this Schedule
Meaning of “further education” and “secondary education”
Section 15(4)
Initial incorporation of existing institutions
Section 16
Orders incorporating further institutions
Section 18
Principal powers of a further education corporation
Section 19
Supplementary powers of a further education corporation
Section 20
Constitution of corporation and conduct of the institution
Section 21
Initial instruments and articles
Section 22
Subsequent instruments and articles
Section 23
Transfer of property, etc.: institutions maintained by local education authorities
Section 24
Provisions supplementary to section 23
Section 25
Transfer of property, etc.: grant-maintained schools
Section 26
Transfer of staff to further education corporations
Section 27
Dissolution of further education corporations
Section 36
General provisions about transfers under Chapter II
Section 51
Publication of proposals
Section 53
Inspection of accounts
Section 58
Reorganisations of schools involving establishment of further education corporations
Section 59(1) and (2)
Reorganisations, affecting provision for further education, of schools
Section 87
Transfers of property, etc.: supplementary provision
Schedule 2
Courses of further education
Schedule 4
Instruments and articles of government for further education corporations
Schedule 5
Identification and apportionment, etc. of property
Schedule 7
Transfer: Supplementary Provisions
Paragraphs 21, 69 and 89 of Schedule 8 and section 93(1) so far as it relates to those provisions
Minor and consequential amendments

## Schedule 3 Provisions coming into force on 1st April 1993.

Provisions of the Act
Subject matter of the provisions
Section 2
Full-time education for 16—18 year-olds
Section 3
Part-time education and full-time education for those over 18
Section 4
Persons with learning difficultites
Section 5(1), (2) and (4)
Administration of funds by councils
Section 6(1)
Administration of funds: supplementary
Section 9 except for subsection (4)
Assessment of quality of education provided in institutions
Section 10
Functions of local education authorities in respect of secondary education
Section 11
Functions of local education authorities in respect of further education
Section 14(1) to (5) so far as not already in force
Meaning of “further education”, “secondary education” and “school”
Section 34
Making additional property available for use
Section 35
Voluntary transfers of staff in connection with section 34
Section 37
Attribution of surpluses and deficits
Section 38
Payments by council in respect of loan liabilities
Section 44 only in respect of institutions which before they became institutions within the further education sector were schools maintained by a local education authority or grant-maintained schools
Collective worship
Section 45 only in respect of institutions which before they became institutions within the further education sector were schools maintained by a local education authority or grant-maintained schools
Religious education
Section 46
Variation of trust deeds
Section 47
Transfer of higher education institutions to further education sector
Section 48
Statutory conditions of employment
Section 49
Avoidance of certain contractual terms
Section 50
Information with respect to institutions within the further education sector
Section 52
Duty to provide for named individuals
Section 54(2)
Duty to give information to local education authorities
Section 55(1) to (3) (as respects England only), (4) to (6) and (7)(a) and (c)
Inspection of local education authority institutions, other than schools, and advice to the Secretary of State
Section 57 (so far as not already in force)
Intervention in the event of mismanagement or breach of duty
Section 60
Saving as to persons detained by order of a court
Section 63
Dissolution of existing councils
Section 65
Administration of funds by councils
Section 66
Administration of funds: supplementary
Section 67(1)
Payments in respect of persons employed in provision of higher or further education
Section 74
Transfer of further education institutions to higher education sector
Section 85
Finance and government of locally funded further and higher education
Paragraphs 2, 3, 4, 5, 6, 7, 8, 11, 12, 13 so far as not already in force and except for sub-paragraph (2)(d), 14, 15, 16, 19, 20, 22, 23, 24 (but the amendments by sub-paragraph (a) shall not have effect in relation to provision for further education made by a local education authority before 1st April 1993), 25, 26, 28, 30, 32(a), 33, 35, 36(b), 37(a), 39, 40, 41, 42, 44, 45, 46, 47, 49, 50 (so far as not already in force), 52, 53, 55, 56(a), 57, 58, 60, 66, 67, 70, 71, 72, 73, 74, 81, 82, 83, 90, 91, 92, 93(a), 94 and 95 of Schedule 8, and section 93(1) so far as it relates to those provisions
Minor and consequential amendments
Section 93(2) and Schedule 9, so far as they relate to the repeals set out in the appendix to this Schedule
Repeals.

## TO SCHEDULE 3 

Chapter
Short title
Extent of repeal
1944 c. 31.
The Education Act 1944.
Section 8(3).
Section 67(4A).
In section 85(2) and (3) “for providing primary or secondary education”.
In section 114(1), the definitions of “part-time senior education” and “post-school age education”.
Section 114(1A), (1B) and (1C).
1948 c. 40.
The Education (Miscellaneous Provisions) Act 1948.
Section 3(3).
1972 c. 11.
The Superannuation Act 1972.
In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
1975 c. 24.
The House of Commons Disqualification Act 1975.
In Part III of Schedule 1 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council.
1986 c. 61.
The Education (No. 2) Act 1986.
Section 43(5)(c) and, in subsection (7), paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment”.
Section 49(3)(d) and (da).
In section 51, in subsection (2)(b) the words from “made” to the end (but this repeal shall not have effect in relation to provision for further education made by a local education authority before 1st April 1993) and subsections (5) and (6).
Section 58(3), (4) and (5)(a) and in subsection (5)(ab) “and are not designated establishments of higher or further education”.
1988 c. 40.
The Education Reform Act 1988.
Section 120(2), (6), (7), (8), (9)(a)(ii) and (9)(b).
Section 124(4).
Sections 131 and 132.
Section 134.
Chapter III of Part II.
Section 156 (so far as still in force).
In section 157 the words “or assisted” in both places in subsection (4) and subsection (5)(b).
Section 158(2)(a)(i) and (iii) and (b).
Section 159(2)(b).
Section 161(1)(c).
Section 205(6).
Section 211(c).
Section 218(10)(b).
Section 219(1)(b), (2)(d) and (3)(c)(ii).
In section 221, subsection (1)(c) and, in subsection (3), the definition of “relevant institution”.
In section 222, subsection (2)(b) and, in subsection (3)(c), “or institutions required to be covered by schemes under section 139 of this Act”.
In section 230, in subsection (1) “section 136(2)” and subsection (3)(c)(ii).
In section 232, in subsection (2) “140(1), 141(6), 145(6), 151(4), 156(10)”.
Section 234(2)(b).
Section 235(2)(a) and (h).
Paragraphs 68, 69(2), 70, 100(2) and 101(4) of Schedule 12.
1990 c. 43.
The Environmental Protection Act 1990.
Section 98(2)(a).

## Schedule 4 Provisions coming into force on 1st August 1993.

Provisions of the Act
Subject matter of the provisions
Section 12
Provision of further education in maintained schools
Section 13
Provision of further education in grant-maintained schools
Section 14(6)
Meaning of “pupil”
Paragraphs 13(2)(d), 17, 29, 77, 80 and 86 of Schedule 8 and section 93(1) so far as it relates to those provisions.
Minor and consequential amendments.
Section 93(1) and Schedule 9 so far as they relate to the repeal in section 105(2)(b) of the Education Reform Act 1988 of the words “but not the age of nineteen years”.
Repeals

## Explanatory note

(This note is not part of the Order)
This Order brings into force the provisions of the Further and Higher Education Act 1992 specified in the Schedules thereto on the dates specified in the Schedules.
The Higher Education Funding Councils and the Further Education Funding Councils are established on 6th May 1992.
The appointed day for the establishment of further education corporations under section 15 is 30th September 1992.
The new further education sector, which involves the transfer of certain duties regarding the provision of further education from local education authorities to the Further Education Funding Councils, is created on 1st April 1993.
The governing body of a maintained school may decide to provide part-time education suitable to the requirements of persons of any age over compulsory school age and fulltime education suitable to the requirements of persons who have attained the age of nineteen years from 1st August 1993.

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Source: https://www.legislation.gov.uk/uksi/1992/831 (the official version)
Page: https://openlegislation.uk/further-and-higher-education-act-1992-commencement-no-1-and-transitional-provisions-order-1992
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.