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The Post-16 Education (Scotland) Act 2013 (Commencement No. 3 and Transitory and Savings Provisions) Order 2014

S.S.I. 2014/21 · Made 22 January 2014 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2014.

Education

Made 22nd January 2014

Laid before the Scottish Parliament 24th January 2014

Coming into force 3rd March 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 23(2) and (3) of the Post-16 Education (Scotland) Act 2013f1.

Annotations to the whole text

Footnotes

f1

2013 asp 12.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. 3Transitory modification: regional strategic bodies
  4. 4Transitory modification: colleges of further education
  5. 5Transitory savings: colleges of further education
  6. Signature
  7. Schedule 1Schedule 1
  8. Schedule 2Schedule 2
  9. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Post-16 Education (Scotland) Act 2013 (Commencement No. 3 and Transitory and Savings Provisions) Order 2014 and comes into force on 3rd March 2014.

(2)

In this Order—

  • “the Act” means the Post-16 Education (Scotland) Act 2013;

  • “college of further education” has the same meaning as in section 35(1) of the 2005 Act (interpretation)f1; and

  • “regional strategic body” has the same meaning as in section 35(1) of the 2005 Actf2.

2Appointed dayI1

(1)

3rd March 2014 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 to this Order (the subject matter of which is described in column 2 of that Schedule), in so far as they are not already in force.

(2)

Where a purpose is specified in column 3 of Schedule 1 in relation to any provision, that provision comes into force on 3rd March 2014 for that purpose only.

3Transitory modification: regional strategic bodiesI1

(1)

Until section 8(1) of the Act (regional strategic bodies) comes into force for the purpose of inserting any regional strategic body into schedule 2A to the 2005 Act, section 14A(6) and 19A(7) of the 2005 Actf1 are to be read as if subsection (b) in each were omitted.

(2)

Until section 9(2) of the Act (funding of and by regional strategic bodies) comes into force for all purposesf2—

(a)

section 24(1)(a)(i) of the 1992 Act (mismanagement by boards)f3 is to be read as if the words “or 12B” were omitted;

(b)

in section 9 of the 2005 Act (funding of the council)—

(i)

subsection (4)(b)f4 is to be read as if subsection (ii) were omitted; and

(ii)

subsection (11)f5 is to be read as if “or (b)(ii)” were omitted;

(c)

section 9B(2) of the 2005 Act (further education institutions: good governance)f6 is to be read as if subsection (b) were omitted; and

(d)

section 9D(1) of the 2005 Act (fee cap: students liable for higher education fees)f7 is to be read as if subsection (b) were omitted.

(3)

Until section 10 of the Act (regional strategic bodies: functions) comes into force for the purpose of inserting section 23E into the 2005 Act, section 35(3)(b) of the 2005 Actf8 is to be read as if for “sections 23A and 23E” there were substituted “section 23A”.

(4)

Until section 12 of the Act (regional boards: mismanagement) comes into force for all purposes, paragraphs 5A(1)(c) and 5B(3) of Schedule 2 to the 1992 Actf9 and paragraph 4(2)(c) of schedule 1 to the 2005 Actf10 are to be read as if the words from “or” to the end were omitted.

4Transitory modification: colleges of further educationI1

(1)

Subject to paragraph (2), section 26A of the 2005 Act (equal opportunities: post-16 education bodies etc.)f1 has no effect in relation to a college of further education listed in Schedule 2 to this Order until the date on which the college of further education is first either designated as a regional college by order made under section 7A of the 2005 Act (regional colleges)f2 or assigned to a regional strategic body by order made under section 7C of the 2005 Act (assignation of colleges)f3.

(2)

This article ceases to have effect from the date on which paragraph 8(6) of the schedule to the Act comes into force for the purpose of inserting section 7D(7) to (9) into the 2005 Act.

5Transitory savings: colleges of further educationI1

(1)

Subject to paragraph (4), this article applies in relation to a college of further education listed in Schedule 2 to this Order until the date on which the college of further education is first either designated as a regional college by order made under section 7A of the 2005 Act or assigned to a regional strategic body by order made under section 7C of the 2005 Act.

(2)

Despite the amendments made by section 6(1) (colleges: board of management) of, and paragraph 2(7) of the schedule to, the Act, on the coming into force of this Order, Schedule 2 to the 1992 Act (constitution and proceedings of boards of management) continues to have effect in relation to the college of further education on and after 3rd March 2014 as it had effect immediately before that date.

(3)

Despite the amendment made by section 7 of the Act (colleges: mismanagement) on the coming into force of this Order, section 24 of the 1992 Act (mismanagement by boards) continues to have effect in relation to the college of further education on and after 3rd March 2014 as it had effect immediately before that date.

(4)

This article ceases to have effect from the date on which paragraph 8(6) of the schedule to the Act comes into force for the purpose of inserting section 7D(7) to (9) into the 2005 Act.

Signature

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

22nd January 2014

Schedule 1I1

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Purpose

Section 2Higher education institutions: good governance
Section 3Widening access to higher education
Section 4Fee cap: students liable for higher education fees
Section 5(2)Regional Colleges
Section 6(1)Colleges: boards of management
Section 7Colleges: mismanagement
Section 8(1) and 8(2)Regional Strategic BodiesFor the purpose of (a) the amendments to section 35(1) of the 2005 Act in relation to the definitions of “regional board” and “regional strategic body” as a result of the commencement of paragraph 8(23) of the schedule to the Act as provided for in column 1 below and (b) allowing the Scottish Ministers to make an Order under section 7B(2) of the 2005 Act.
Section 8(3)Regional strategic bodies
Section 9(1)Funding of and by regional strategic bodies
Section 13Establishment and abolition of regional boards: supplemental
Section 14Further education institutions: good governance
Section 15Council to have regard to desirability of widening access
Section 16Council to review progress with widening access
Section 17Review of further and higher education
Section 19Equal opportunities: post-16 education bodies etc.For all purposes other than imposing a duty under section 26A(1) of the 2005 Act on any regional strategic body.
Section 21Modification of enactmentsFor the purpose of commencing paragraphs 1, 2(2) and (3), (4)(b), (5) to (7), 5, 7, 8(2) to (4), (5)(a)(ii), (6), (7)(a)(ii) and (b), (c), and (e) to (j), (8) to (10), (12) to (19), (20)(a), (21), (22)(c) and (23) to (24) of the schedule to the Act.
Schedule, paragraph 1Modification of enactments
Schedule, paragraph 2(2) and (3)Modification of enactments
Schedule, paragraph 2(4)(b)Modification of enactments
Schedule, paragraph 2(5) to (7)Modification of enactments
Schedule, paragraph 5Modification of enactments
Schedule, paragraph 7Modification of enactmentsFor the purpose of inserting “The chairing member of the board of management of a college of further education which is designated as a regional college by order under section 7A of the Further and Higher Education (Scotland) Act 2005” into schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 after the cross-heading “Offices”.
Schedule, paragraph 8(2) to (4)Modification of enactments
Schedule, paragraph 8(5)(a)(ii)Modification of enactments
Schedule, paragraph 8(6)Modification of enactmentsFor the purpose of inserting section 7D(1) to (6) into the 2005 Act.
Schedule, paragraph 8(7)(a)(ii) and (b), (c), and (e) to (j)Modification of enactments
Schedule, paragraph 8(8) to (10)Modification of enactments
Schedule, paragraph 8(12) to (17)Modification of enactments
Schedule, paragraph 8(18)Modification of enactmentsFor the purpose of inserting section 25A(1) and (2)(b)(i) into the 2005 Act.
Schedule, paragraph 8(19)Modification of enactments
Schedule, paragraph 8(20)(a)Modification of enactments
Schedule, paragraph 8(21)Modification of enactments
Schedule, paragraph 8(22)(c)Modification of enactmentsFor the purpose of inserting paragraphs (bb), (bc), (bd) and (be) into section 34(4) of the 2005 Act.
Schedule, paragraph 8(23) to (24)Modification of enactments

Schedule 2I1

  • — The Board of Management of City of Glasgow Collegef1

  • F1...

  • The Board of Management of Glasgow Clyde Collegef2

  • The Board of Management of Glasgow Kelvin Collegef3

  • The Board of Management of Inverness Collegef4

  • The Board of Management of Lews Castle Collegef5

  • The Board of Management of Moray Collegef6

  • The Board of Management of New College Lanarkshiref7

  • The Board of Management of Perth Collegef8

  • The Board of Management of South Lanarkshire Collegef9

  • The Board of Management of The North Highland Collegef10

Explanatory note

(This note is not part of the Order)

This Order brings into force the following provisions of the Post-16 Education (Scotland) Act 2013 (“the Act”) on 3rd March 2014: sections 2 to 4, 5(2), 6(1), 7 to 8, 9(1), 13 to 17, 19 and 21, and paragraphs 1, 2(2) and (3), (4)(b), (5) to (7), 5, 7, 8(2) to (4), (5)(a)(ii), (6), (7)(a)(ii) and (b), (c), and (e) to (j), (8) to (10), (12) to (19), (20)(a), (21), (22)(c) and (23) to (24) of the schedule to the Act. Article 2 appoints 3rd March 2014 as the day for the coming into force of the provisions mentioned in the Schedule to the Order. Some are partially commenced for restricted purposes only.

Article 3 makes transitory modification of sections 24(1)(a)(i) of, and paragraphs 5A(1)(c) and 5B(3) of Schedule 2 to, the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”) and of sections 9(4)(b) and (11), 9B(2), 9D(1), 14A(6), 19A(7) and 35(3)(b) of, and paragraph 4(2)(c) of schedule 1 to, the Further and Higher Education (Scotland) Act 2005 (“the 2005 Act”). These modifications relate to provisions concerning regional strategic bodies which are not yet in force. Article 4 makes a transitory modification of section 26A of the 2005 Act so that it does not have effect in relation to colleges of further education listed in Schedule 2 to this Order until they are first either designated as a regional college by order made under section 7A of the 2005 Act or assigned to a regional strategic body by order made under section 7C of the 2005 Act. Article 5 makes a transitory savings provision in relation to colleges of further education so that section 24 of, and Schedule 2 to, the 1992 Act which relate to Boards of Management of those colleges will continue to apply to them as they did immediately before the date on which this Order comes into force. Articles 4 and 5 will cease to have effect when paragraph 8(6) of the schedule to the Act comes into force for the purpose of inserting section 7D(7) to (9) into the 2005 Act.