Search Legislation

Further and Higher Education (Scotland) Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Further and Higher Education (Scotland) Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Schedule 3:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Further and Higher Education (Scotland) Act 2005:

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Prospective

SCHEDULE 3SAmendment of enactments

(introduced by section 32)

This schedule has no associated Explanatory Notes

Superannuation Act 1972 (c. 11)S

1In the Superannuation Act 1972, in Schedule 1(kinds of employment, etc. referred to in section 1) the entries relating to—S

(a)the Scottish Further Education Funding Council;

(b)the Scottish Higher Education Funding Council; and

(c)a body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992,

are repealed.

House of Commons Disqualification Act 1975 (c. 24)S

2In the House of Commons Disqualification Act 1975, in Part III of Schedule 1(disqualifying offices) the entries relating to—S

(a)the Scottish Further Education Funding Council; and

(b)the Scottish Higher Education Funding Council,

are repealed.

Sex Discrimination Act 1975 (c. 65)S

3In the Sex Discrimination Act 1975, section 23B is repealed.S

Race Relations Act 1976 (c. 74)S

4In the Race Relations Act 1976—S

(a)section 18B; and

(b)in Schedule 1A(bodies and other persons subject to general statutory duty), the entries relating to—

(i)the Scottish Further Education Funding Council; and

(ii)the Scottish Higher Education Funding Council,

are repealed.

Education Reform Act 1988 (c. 40)S

5In section 235 (general interpretation) of the Education Reform Act 1988, in subsection (5A), for the words “Scottish Higher Education Funding Council” there is substituted “ Scottish Further and Higher Education Funding Council ”.S

Further and Higher Education (Scotland) Act 1992 (c. 37)S

6(1)In the 1992 Act—S

(a)in section 3 (powers of Scottish Ministers), in subsection (1), the words from “shall” to “he” are repealed;

(b)in section 12 (boards of management)—

(i)in subsection (1), for the words from “of” in the second place where it occurs to the end there is substituted “ of managing and conducting their college. ”; and

(ii)in subsection (3), the words “over school age” are repealed;

(c)in section 44 (designation of institutions), in subsection (1), for the words from “by” in the first place where it occurs to the end there is substituted “ , for the purposes of this Part of this Act, by order designate any institution providing higher education (whether or not it also provides education of any other kind or carries on any other activities). ”; and

(d)in section 61 (interpretation), after the words “1980;” in the second place where they occur there is inserted—

the Council” means the Scottish Further and Higher Education Funding Council;.

(2)In that Act—

(a)section 1(1) and (2) and (4) to (6);

(b)sections 4, 7 to 10, 22, 23, 37, 39 to 43, 50, 51, 53, 54 and 59A;

(c)Schedules 1 and 7; and

(d)paragraphs 4(3) and 5(3) of Schedule 9,

are repealed.

Teaching and Higher Education Act 1998 (c. 30)S

7In the Teaching and Higher Education Act 1998—S

(a)section 37 (joint exercise of functions of funding council in Scotland); and

(b)in paragraph 2 of Schedule 3 (minor and consequential amendments), the entry relating to a body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992,

are repealed.

Public Finance and Accountability (Scotland) Act 2000 (asp 1)S

8In the Public Finance and Accountability (Scotland) Act 2000, in paragraph 11 of schedule 4 (modification of enactments), sub-paragraphs (2) and (4) are repealed.S

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)S

9In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies)—S

(a)after the entry relating to the Scottish Environment Protection Agency there is inserted— “ The Scottish Further and Higher Education Funding Council ”; and

(b)the entries relating to—

(i)the Scottish Further Education Funding Council; and

(ii)the Scottish Higher Education Funding Council,

are repealed.

Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)S

10In the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, in paragraph (a) of the definition of “publicly funded institution” in subsection (5) of section 1 (the graduate endowment), for the words “4 or 40 of the 1992 Act” there is substituted “ 12 of the Further and Higher Education (Scotland) Act 2005 (asp 6) ”.S

Scottish Public Services Ombudsman Act 2002 (asp 11)S

11In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities)—S

(a)after paragraph 40 there is inserted—

40AThe Scottish Further and Higher Education Funding Council.; and

(b)paragraphs 41 and 43 are repealed.

Freedom of Information (Scotland) Act 2002 (asp 13)S

12In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—S

(a)in paragraph 49, for the words “Scottish Higher Education Funding Council” there is substituted “ Scottish Further and Higher Education Funding Council ”;

(b)after paragraph 85 there is inserted—

85AThe Scottish Further and Higher Education Funding Council.; and

(c)paragraphs 86 and 87 are repealed.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

13In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—S

(a)after the entry relating to the Scottish Environment Protection Agency there is inserted— “ Scottish Further and Higher Education Funding Council ”; and

(b)the entries relating to the—

(i)Scottish Further Education Funding Council; and

(ii)Scottish Higher Education Funding Council,

are repealed.

The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 (S.I. 1998/2667)S

14The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 (S.I. 1998/2667) is revoked.S

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources