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The Post-16 Education (Scotland) Act 2013 (Commencement No. 4 and Transitory Provisions) Order 2014

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Scottish Statutory Instruments

2014 No. 79 (C. 6)

Education

The Post-16 Education (Scotland) Act 2013 (Commencement No. 4 and Transitory Provisions) Order 2014

Made

20th March 2014

Laid before the Scottish Parliament

24th March 2014

Coming into force

1st May 2014

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 2013(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Post-16 Education (Scotland) Act 2013 (Commencement No. 4 and Transitory Provisions) Order 2014 and comes into force on 1st May 2014.

(2) In this Order “the Act” means the Post-16 Education (Scotland) Act 2013.

Appointed days

2.—(1) 1st May 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 Schedule 1), in so far as they are not already in force.

(2) 1st August 2014 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 2 to this Order (the subject matter of which is described in column 2 of Schedule 2), in so far as they are not already in force.

(3) Where a purpose is specified in column 3 of Schedule 1 or 2 in relation to any provision, that provision comes into force on appointed day for that purpose only.

Transitory modification: regional boards

3.  Until 1st August 2014, schedule 2B to the 2005 Act (regional boards) (2) is to be read as if—

(a)in paragraph 3(2)(f), for “10” there were substituted “17”;

(b)in paragraph 7(1)(b) the words “(unless holding office in pursuance of paragraph 3(2)(b))” were omitted; and

(c)in paragraph 9(2) the words “(except for a member appointed in pursuance of paragraph 3(2)(b))” were omitted.

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

20th March 2014

Article 2(1)

SCHEDULE 1

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Purpose

Section 8Regional strategic bodiesFor the purpose of inserting the Regional Board for Glasgow Colleges into Part 1 of schedule 2A to the 2005 Act.
Section 9(2)Funding of and by regional strategic bodiesFor the purpose of inserting section 12A into the 2005 Act
Section 11(1)Regional boards: constitution
Section 11(2)Regional boards: constitutionFor the purpose of inserting paragraphs 1, 2, 3(1), (2)(a) and (f) , (3) and (5) to (8), 6(1) and (2), 7(1), (2)(a) and (e), (3) to (5) and (8), 8, 9(1) to (4) and (6) to (8), 10 to 12 and 14 to 18 into schedule 2B to the 2005 Act.
Section 12Regional boards: mismanagement
Section 19Equal opportunities: post-16 education bodies etc.
Section 21Modification of enactmentsFor the purpose of commencing paragraphs 2(4)(a), 4, 6 and 7, 8(5)(a)(iii) and (iv), (b) and (c), (7)(a)(i) and (d), (11), (18), (20)(b) and (22)(c) and (d) of the schedule to the Act.
Schedule, paragraph 2(4)Modification of enactments
Schedule, paragraph 4Modification of enactments
Schedule, paragraphs 6 and 7Modification of enactments
Schedule, paragraph 8(5)Modification of enactments
Schedule, paragraph 8(7)Modification of enactments
Schedule, paragraph 8(11)Modification of enactments
Schedule, paragraph 8(18)Modification of enactments
Schedule, paragraph 8(20)Modification of enactments
Schedule, paragraph 8(22)Modification of enactments

Article 2(2)

SCHEDULE 2

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Purpose

Section 9 (2)Funding of and by regional strategic bodies
Section 10Regional strategic bodies: functions
Section 11(2)Regional boards: constitution
Section 21Modification of enactmentsFor the purpose of commencing paragraph 9 of the schedule to the Act.
Schedule, paragraph 9Modification of enactments

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2(1) of this Order brings into force the following provisions of the Post-16 Education (Scotland) Act 2013 (“the Act”) on 1st May 2014: sections 8, 9(2), 11, 12, 19 and 21 of, and paragraphs 2(4),4,6,7, 8(5) , 8(7), (11), (18), (20) and (22) (so far as not already in force) of the schedule to, the Act.

Article 2(2) of this Order brings into force the following provisions of the Act on 1st August 2014: sections 9(2), 10, 11(2), 21 of, and paragraph 9 of the schedule to, the Act.

Some provisions of the Act are partially commenced for restricted purposes only (article 2(3)).

Article 3 makes transitory modification in relation to paragraphs 3(2)(f), 7(1)(b) and 9(2) of schedule 2A to the Further and Higher Education (Scotland) Act 2005 to make provision in relation to the membership of regional boards for the period until colleges are assigned to the Regional Board for Glasgow Colleges.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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.

ProvisionDate of CommencementS.S.I. No.
Section 110th October 20132013/281
Sections 2 to 43rd March 20142014/21
Section 5(1)13th January 20142013/348
Section 5(2)3rd March 20142014/21
Section 6(1)3rd March 20142014/21
Section 6(2)10th October 20132013/281
Section 73rd March 20142014/21
Section 8(1) and (2) (partially)3rd March 20142014/21
Section 8(3)3rd March 20142014/21
Section 9(1)3rd March 20142014/21
Section 13 (partially)10th October 20132013/281
Sections 13 to 173rd March 20142014/21
Section 1813th January 20142013/348
Section 19 (partially)3rd March 20142014/21
Section 2013th January 20142013/348
Section 21 (partially)10th October 20132013/281
Section 21 (partially)13th January 20142013/348
Section 21 (partially)3rd March 20142014/21
Schedule, paragraph 13rd March 20142014/21
Schedule, paragraph 2(1)13th January 20142013/348
Schedule, paragraph 2(2)(b) (partially)13th January 20142013/348
Schedule, paragraph 2(2) and (3)3rd March 20142014/21
Schedule, paragraph 2(4)(b)3rd March 20142014/21
Schedule, paragraph 2(5) to (7)3rd March 20142014/21
Schedule, paragraph 2(7)(d)10th October 20132013/281
Schedule, paragraph 310th October 20132013/281
Schedule, paragraph 53rd March 20142014/21
Schedule, paragraph 7 (partially)3rd March 20142014/21
Schedule, paragraph 8(1)13th January 20142013/348
Schedule, paragraph 8(2) to (4)3rd March 20142014/21
Schedule, paragraph 8(5)(a)(i)10th October 20132013/281
Schedule, paragraph 8(5)(a)(ii)3rd March 20142014/21
Schedule, paragraph 8(6)3rd March 20142014/21
Schedule, paragraph 8(7)(a)(ii) and (b), (c) and (e) to (j)3rd March 20142014/21
Schedule, paragraph 8(8) to (10)3rd March 20142014/21
Schedule, paragraph 8(12) to (17)3rd March 20142014/21
Schedule, paragraph 8(18) (partially)3rd March 20142014/21
Schedule, paragraph 8(19)3rd March 20142014/21
Schedule, paragraph 8(20)(a)3rd March 20142014/21
Schedule, paragraph 8(21)3rd March 20142014/21
Schedule, paragraph 8(22)(a)10th October 20132013/281
Schedule, paragraph 8(22)(b)10th October 20132013/281
Schedule, paragraph 8(22)(c) (partially)10th October 20132013/281
Schedule, paragraph 8(22)(c) (partially)3rd March 20142014/21
Schedule, paragraph 8(23)(a)(i)13th January 20142013/348
Schedule, paragraph 8(23)(a)(iii) (partially)13th January 20142013/348
Schedule, paragraph 8(23)(a)(iv) (partially)13th January 20142013/348
Schedule, paragraph 8(23) to (24)3rd March 20142014/21
(2)

Schedule 2B is inserted into the 2005 Act by section 11(2) of the Act (as commenced by this Order).

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