
1 
This Order may be cited as the Further and Higher Education (Scotland) Act 1992 (Commencement No.1 and Saving Provisions) Order 1992.
2 
In this Order—
 “the Act” means the Further and Higher Education (Scotland) Act 1992;
 “the 1989 Act” means the Self-Governing Schools etc. (Scotland) Act 1989; and
 “the 1990 Act” means the Education (Student Loans) Act 1990.
3 

(1) The day appointed for the coming into force of—
(a) section 44 of the Act for the purpose only of authorising the making under that section of an Order which is expressed to come into force on or after 16th May 1992, is 25th April 1992;
(b) section 63 of the Act is 25th April 1992; and
(2) The days appointed for the coming into force of the provisions of the Act specified in column (1) of each of Schedules 1, 2, 3 and 4 to this Order to the extent that they do not come into force on 25th April 1992, are 16th May, 1st June and 1st September 1992 and 1st April 1993 respectively, but where a particular purpose or extent is specified in relation to any such provision that provision shall come into force only for that purpose or to that extent.
4 
The saving provision in Schedule 5 to this Order shall have effect.
Michael B. Forsyth
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
16th March 1992
SCHEDULE 1
Article 3(2)


Column (1) Column (2)
Provision of the Act Subject matter
Section 1(3) to (5) Meaning of “further education” and person who has a learning difficulty for the purposes of Part I
Section 3(5) Power by order to amend certain provisions of Schedule 2
Section 6 Further education to which section 1 applies
Section 11 First transfer of colleges
Section 12 Boards of management
Section 15 Transfer of staff
Section 18 Disposal of certain property
Section 26 Abolition of college councils
Section 27 Information as to provision of further education
Sections 28 to 34 Transitory and transitional provisions
Section 35 Service of documents etc.
Section 36 Interpretation of Part I
Section 38 Meaning of higher education
Section 44 Designation of institutions
Section 45 Power of Privy Council in relation to designated institutions
Section 46 Establishment of new institutions by Secretary of State
Section 47 Closure of institutions
Section 48 Power to award degrees, etc.
Section 49 Change of name by institutions
Section 52 Exercise of powers of Privy Council
Section 55 Amendment of section 7 of the Teaching Council (Scotland) Act 1965
Section 56 Interpretation of Part II
Section 57 Finance
Section 58 Stamp duty
Section 59 Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies
Section 60 Regulations and orders
Section 61 Interpretation
Section 62, so far as relating to the provisions of Schedules 8, 9 and 10 specified below Transitional provisions, miscellaneous amendments and repeals
Schedule 2 Constitution and proceedings of boards of management
Schedule 5 Transitional provisions for college councils
Schedule 6 Transitional composition of college councils
Schedule 8 Transitional, consequential and saving provisions
In Schedule 9—paragraph 1paragraph 2, for the purposes of subparagraphs (b) and (c)thereofparagraph 3paragraph 4(1), (2), (4), (5) and (6)paragraph 5(1), (2), (4) and (5)paragraph 6paragraph 7(1) and (7)paragraph 8(1) and (2)paragraph 12(1) and (2)paragraph 13, for the purposes of subparagraphs (b) and (c) thereof Miscellaneous and consequential amendments
In Schedule 10— the entries relating to—Section 29 of the Employment Protection (Consolidation) Act 1978;Sections 3, 7, 77 and 135(1) of the Education (Scotland) Act 1980 Repeals
SCHEDULE 2
Article 3(2)


Column (1) Column (2)
Provision of the Act Subject matter
Section 37 Scottish Higher Education Funding Council
Section 39, so far as relating to institutions for whose activities the Council are considering providing financial support Assessment of quality of education provided by institutions
Section 42(1) and (4) Grants
Section 43(1) and (3) to (8) Further functions
Section 50 Duty to give information to the Council
Section 51 Efficiency studies
Section 54(1) and (2) Directions
Section 62(2), so far as relating to the provisions of Schedule 9 specified below Miscellaneous amendments
Schedule 7 The Scottish Higher Education Funding Council
In Schedule 9—paragraphs 4(3) and 5(3), so far as relating to the Scottish Higher Education Funding Councilparagraph 10 Miscellaneous and consequential amendments
SCHEDULE 3
Article 3(2)


Column (1) Column (2)
Provision of the Act Subject matter
Section 16 Transfer of property etc. to boards of management
Schedule 3 Transfer and apportionment of property
Schedule 4 Commissioners for further education assets
SCHEDULE 4
Article 3(2)


Column (1) Column (2)
Provision of the Act Subject matter
Section 1(1), (2) and (6) Duty of Secretary of State to secure provision of further education
Section 2 Function of education authorities
Section 3(1) to (4) and (6) Powers of Secretary of State
Section 4 Funding of further education
Section 5 Requirement on Secretary of State to consult
Section 13 Subsequent transfers of colleges
Section 14 Transfer of colleges of further education not under local authority management
Section 17 Surpluses and deficits
Section 19 Educational endowments
Section 20 Variation of trust deeds
Section 21 Directions by Secretary of State
Section 22 College development plans
Section 23 Duty of boards of management as regards recorded children
Section 24 Mismanagement by boards
Section 25 Closure of colleges and dissolution of boards of management
Section 39, so far as not already in force Assessment of quality of education provided by institutions
Section 40 Administration of funds
Section 41 Administration of funds: supplementary
Section 42(2) and (3) Grants
Section 43(2) Review of activities eligible for funding
Section 53 Inspection of accounts
Section 54(3) Directions
Section 62(2), so far as relating to the provisions of Schedule 9 specified below Miscellaneous amendments
Section 62(3), so far as not already in force Repeals
In Schedule 9—paragraph 2, so far as not already in forceparagraph 7, so far as not already in forceparagraph 8, so far as not already in forceparagraph 9paragraph 11paragraph 12, so far as not already in forceparagraph 13, so far as not already in force Miscellaneous and consequential amendments
In Schedule 10— the entries relating to—Sections 8 and 22 of the School Boards (Scotland) Act 1988Sections 54 to 66 and 80 of the Self-Governing Schools etc. (Scotland) Act 1989 Repeals
SCHEDULE 5
Article 4

Notwithstanding the coming into force on 16th May 1992 of the amendment to section 1(3) of the 1990 Act specified in paragraph 12(2) of Schedule 9 to the Act, colleges of further education which are managed by a company by virtue of section 65(1) of the 1989 Act shall continue to constitute “institutions receiving support from public funds” for the purposes of section 1 of the 1990 Act until the repeal of section 65 of the 1989 Act comes into force.
