{
  "url": "https://openlegislation.uk/teaching-and-higher-education-act-1998/section-46",
  "json_url": "https://openlegislation.uk/teaching-and-higher-education-act-1998/section-46.json",
  "legislation": "ukpga/1998/30",
  "legislation_title": "Teaching and Higher Education Act 1998",
  "legislation_url": "https://openlegislation.uk/teaching-and-higher-education-act-1998",
  "path": "section/46",
  "kind": "section",
  "number": "46",
  "heading": "Short title, commencement and extent.",
  "text": "(1) This Act may be cited as the Teaching and Higher Education Act 1998.\n(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996.\n(3) In this Act—\nsections 22 to 31,\nsections 42 and 43,\nsection 45, and\nthis section,\ncome into force on the day on which this Act is passed.\n(4) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.\n(5) Subject to subsections (6) to (9), this Act extends to England and Wales only.\n(6) The following provisions extend to Scotland only—\nsections 16 and 17,\nsection 21,\nsections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland,\nsection 31, and\nsections 37 and 38.\n(7) The following provisions also extend to Scotland—\nsection 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,\nsection 23 so far as relating to any function exercisable by virtue of any provision so authorised,\nsections 32 and 33,\nsection 39,\nsection 42, and\nthis section.\n(8) The following provisions extend to Northern Ireland—\nsection 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e), (f), (g) or (h) or (5) of that section,\nsection 23 so far as relating to any function exercisable by virtue of any provision so authorised,\nsection 39,\nsection 45, and\nthis section.\n(9) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 46(8) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 257(3)(4), 269(4); S.I. 2009/3317, art. 2, Sch."
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1996 c. 56."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1980 c. 44."
    },
    {
      "type": "P",
      "label": "P1",
      "text": "S. 46(4) power partly exercised (17.7.1998): 18.7.1998 appointed for specified provisions by S.I. 1998/1729S. 46(4) power partly exercised (12.8.1998): 13.8.1998 appointed for specified provisions by S.I. 1998/2004S. 46(4) power partly exercised (3.9.1998): 1.10.1998 and 1.4.1999 appointed for specified provisions by S.I. 1998/2215S. 46(4) power partly exercised (21.12.1998): 1.1.1999, 1.2.1999 and 1.4.1999 appointed for specified provisions by S.I. 1998/3237s. 46(4) power partly exercised (24.3.1999): 1.9.1999 appointed for specified provisions by S.I. 1999/987, art. 2S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/970, arts. 2, 3S. 46(4) power partly exercised: 15.8.2000 appointed for specified provisions by S.I. 2000/2199, art. 2S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2001/1211, arts. 2-4"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "ukpga/2017/29",
      "affecting_title": "Higher Education and Research Act 2017"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2017/29",
      "affecting_title": "Higher Education and Research Act 2017"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1998/30/section/46",
    "retrieved_at": "2026-10-29T09:22:41.955368+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}