The Higher Education Act 2004 (Commencement No. 1) (Scotland) Order 2005

Scottish Statutory Instruments

2005 No. 33 (C. 3)

EDUCATION

The Higher Education Act 2004 (Commencement No. 1) (Scotland) Order 2005

Made

18th January 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 52(5) of the Higher Education Act 2004(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Higher Education Act 2004 (Commencement No. 1) (Scotland) Order 2005.

Extent

2.  This Order extends to Scotland only.

Commencement of provisions

3.  Section 10(3) of the Higher Education Act 2004 shall come into force on 31st January 2005.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

18th January 2005

Explanatory Note

(This note is not part of the Order)

This Order commences section 10(3) of the Higher Education Act 2004 (“the Act”) which makes provision for the Scottish Ministers to carry out, support or, disseminate the results, and further the practical application of the results of research in the arts and humanities. Section 10(3) of the Act also makes provision for the Scottish Ministers, in relation to Scotland, to establish advisory bodies for the purposes of assisting them in matters connected with research in the arts and humanities and, if such a body is established, to appoint its members on terms which include payment of remuneration, allowances or pension benefits.

The Act received Royal Assent on 1st July 2004.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

1.  Certain provisions of the Act were commenced on the passing of the Act and those which extend to Scotland are noted in the table below–

Provision	Date of Commencement
section 47	1st July 2004
section 48	1st July 2004
section 51	1st July 2004
section 52	1st July 2004
section 53	1st July 2004
section 54	1st July 2004

2.  The following provisions of the Act which extend to Scotland were commenced by the Higher Education Act 2004 (Commencement No. 2) Order 2004 (S.I. 2004/3255 (C.145)):–

Provision	Date of Commencement
section 1	16th December 2004
sections 3 to 9	16th December 2004
section 10(1)	16th December 2004

3.  Certain provisions of the Act, which include all of those listed in the tables above, extend to England, Wales and Northern Ireland and were commenced by the Act itself, the Higher Education Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.I. 2004/2781 (C.116)) and the Higher Education Act 2004 (Commencement No. 2) Order 2004 (S.I. 2004/3255 (C.145)).

(1)

2004 c. 8.