2014 No. 21 (C. 1)
The Post-16 Education (Scotland) Act 2013 (Commencement No. 3 and Transitory and Savings Provisions) Order 2014
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 23(2) and (3) of the Post-16 Education (Scotland) Act 20131.
Citation, commencement and interpretation1
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.
Appointed day2
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.
Transitory modification: regional strategic bodies3
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 Act4 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 purposes5—
a
section 24(1)(a)(i) of the 1992 Act (mismanagement by boards)6 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)7 is to be read as if subsection (ii) were omitted; and
ii
subsection (11)8 is to be read as if “or (b)(ii)” were omitted;
c
section 9B(2) of the 2005 Act (further education institutions: good governance)9 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)10 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 Act11 is to be read as if for “sections 23A and 23E” there were substituted “section 23A”.
Transitory modification: colleges of further education4
1
Subject to paragraph (2), section 26A of the 2005 Act (equal opportunities: post-16 education bodies etc.)14 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)15 or assigned to a regional strategic body by order made under section 7C of the 2005 Act (assignation of colleges)16.
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.
Transitory savings: colleges of further education5
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.
SCHEDULE 1
Column 1 Provisions of the Act | Column 2 Subject-matter | Column 3 Purpose |
---|---|---|
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
— The Board of Management of City of Glasgow College17
The Board of Management of Coatbridge College18
The Board of Management of Glasgow Clyde College19
The Board of Management of Glasgow Kelvin College20
The Board of Management of Inverness College21
The Board of Management of Lews Castle College22
The Board of Management of Moray College23
The Board of Management of New College Lanarkshire24
The Board of Management of Perth College25
The Board of Management of South Lanarkshire College26
The Board of Management of The North Highland College27
(This note is not part of the Order)
(This note is not part of the Order)
The Bill for the Act received Royal Assent on 7th August 2013. Section 23(1) of the Act brought into force sections 22 to 24 of the Act on the day after Royal Assent. The provisions of the Act commenced by earlier commencement orders are detailed in the table below.
Provision | Date of Commencement | S.S.I.No. |
---|---|---|
Section 1 | 10th October 2013 | |
Section 5(1) | 13th January 2014 | |
Section 6(2) | 10th October 2013 | |
Section 13 (partially) | 10th October 2013 | |
Section 18 | 13th January 2014 | |
Section 20 | 13th January 2014 | |
Section 21 (partially) | 10th October 2013 | |
Section 21 (partially) | 13th January 2014 | |
Schedule, paragraph 2(1) | 13th January 2014 | |
Schedule, paragraph 2(2)(b) (partially) | 13th January 2014 | |
Schedule, paragraph 2(7)(d) (partially) | 10th October 2013 | |
Schedule, paragraph 3 | 10th October 2013 | |
Schedule, paragraph 8(1) | 13th January 2014 | |
Schedule, paragraph 8(5)(a)(i) | 10th October 2013 | |
Schedule, paragraph 8(22)(a) | 10th October 2013 | |
Schedule, paragraph 8(22)(b) | 10th October 2013 | |
Schedule, paragraph 8(22)(c) (partially) | 10th October 2013 | |
Schedule, paragraph 8(23)(a)(i) | 13th January 2014 | |
Schedule, paragraph 8(23)(a)(iii) (partially) | 13th January 2014 | |
Schedule, paragraph 8(23)(a)(iv) (partially) | 13th January 2014 |