
1 

(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 

(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 

(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 

(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 

(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.
MICHAEL RUSSELL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
22nd January 2014
SCHEDULE 1
Article 2


Column 1Provisions of the Act Column 2Subject-matter Column 3Purpose
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
Articles 4 and 5


— — The Board of Management of City of Glasgow College
— The Board of Management of Coatbridge 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
