# 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 · revised to 1 April 2014 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. Made under: Post-16 Education (Scotland) Act 2013 (Section 23) PDFs: Printed copy https://openlegislation.uk/post-16-education-scotland-act-2013-commencement-no-3-and-transitory-and-savings-provisions-order-2014/pdf/ssi_20140021_en.pdf; Policy Note https://openlegislation.uk/post-16-education-scotland-act-2013-commencement-no-3-and-transitory-and-savings-provisions-order-2014/pdf/ssipn_20140021_en.pdf ## Introductory text 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 2013. ## 1 Citation, commencement and interpretation (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); and “regional strategic body” has the same meaning as in section 35(1) of the 2005 Act. ## 2 Appointed day (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. ## 3 Transitory modification: regional strategic bodies (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 Act 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 purposes— (a) section 24(1)(a)(i) of the 1992 Act (mismanagement by boards) 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) is to be read as if subsection (ii) were omitted; and (ii) subsection (11) is to be read as if “or (b)(ii)” were omitted; (c) section 9B(2) of the 2005 Act (further education institutions: good governance) 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) 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 Act 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 Act and paragraph 4(2)(c) of schedule 1 to the 2005 Act are to be read as if the words from “or” to the end were omitted. ## 4 Transitory modification: colleges of further education (1) Subject to paragraph (2), section 26A of the 2005 Act (equal opportunities: post-16 education bodies etc.) 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) or assigned to a regional strategic body by order made under section 7C of the 2005 Act (assignation of colleges). (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. ## 5 Transitory savings: colleges of further education (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 1 Column 1 Provisions of the Act Column 2 Subject-matter Column 3 Purpose Section 2 Higher education institutions: good governance Section 3 Widening access to higher education Section 4 Fee cap: students liable for higher education fees Section 5(2) Regional Colleges Section 6(1) Colleges: boards of management Section 7 Colleges: mismanagement Section 8(1) and 8(2) Regional Strategic Bodies For 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 13 Establishment and abolition of regional boards: supplemental Section 14 Further education institutions: good governance Section 15 Council to have regard to desirability of widening access Section 16 Council to review progress with widening access Section 17 Review of further and higher education Section 19 Equal 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 21 Modification of enactments For 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 1 Modification 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 5 Modification of enactments Schedule, paragraph 7 Modification of enactments For 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 enactments For 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 enactments For 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 enactments For 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 2 — The Board of Management of City of Glasgow College ... The Board of Management of Glasgow Clyde College The Board of Management of Glasgow Kelvin College The Board of Management of Inverness College The Board of Management of Lews Castle College The Board of Management of Moray College The Board of Management of New College Lanarkshire The Board of Management of Perth College The Board of Management of South Lanarkshire College The Board of Management of The North Highland College ## 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. --- Source: https://www.legislation.gov.uk/ssi/2014/21 (the official version) Page: https://openlegislation.uk/post-16-education-scotland-act-2013-commencement-no-3-and-transitory-and-savings-provisions-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.