This section applies to training leading to an external qualification which is provided in Wales in pursuance of arrangements made by the Secretary of State under section 2(2)(f) of the M1Employment and Training Act 1973.

The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing training to which this section applies to be inspected under this section.

Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instructions or guidelines given from time to time by the Secretary of State.

Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection, and shall send the report to the Secretary of State.

The Secretary of State may arrange for any report of an inspection under this section to be published in such manner as he considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the Secretary of State as they apply in relation to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).

In this section—

This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Secretary of State under section 10 of the M3Employment and Training Act 1973.

The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing, or arranging for the provision of, relevant services in accordance with such arrangements or directions to be inspected under this section.

An inspection of any such person under this section shall consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Secretary of State with respect to the provision of relevant services.

Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (4).

In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.

Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.

The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).

In this section— “the Chief Inspector” means F6Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru; “relevant services” has the same meaning as in sections 8 and 9 of the M4Employment and Training Act 1973 (provision of careers services).

The Chief Inspector for Wales shall, if requested to do so by the National Assembly for Wales, arrange for A to be inspected under this section.

An inspection under this section is to consist of a review of the way in which A is providing the education, training or advisory service specified in the request.

Before making a request, the National Assembly for Wales must consult the Chief Inspector for Wales as to the matters to be specified in the request.

Subsections (6) to (6C) of section 35 apply in relation to an inspection under this section as they apply in relation to an inspection under that section.

In this section “the Chief Inspector for Wales” means Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

Section 3 of the M5Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.

For subsection (3) there shall be substituted—

In subsection (5), for “to which subsection (1) above applies” there shall be substituted “ within paragraph (a) or (b) of subsection (1) above ”.

A person carrying on such an institution shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word “university” unless the inclusion of that word in that name is authorised or approved as mentioned in subsection (1).

Subsection (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.

In approving the inclusion of the word “university” in any name for the purposes of this section the Privy Council shall have regard to the need to avoid names which are or may be confusing.

The Privy Council’s power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

In this section— “relevant institution” means an institution within the further education sector or the higher education sector as defined by section 91(3) or (5) of the M6Further and Higher Education Act 1992; “university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.

After section 125 of the M7Education Reform Act 1988 there shall be inserted—

After section 22 of the Further and Higher Education Act 1992 there shall be inserted—

Any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.

Subsection (2) does not apply to the first regulations to be made under section 22; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

Any order or regulations under this Act may make different provision in relation to England and Wales respectively.

Nothing in this Act shall be read as affecting the generality of subsection (6).

Once the Council or (as the case may be) the General Teaching Council for Wales have been established, the Secretary of State shall, before making regulations under Chapter I of Part I of this Act, consult the Council to which the regulations will relate.

In this Act— “the Council” means the body corporate referred to in section 1(1); “functions” includes powers and duties; “modifications” includes additions, alterations and omissions, and “modify” shall be construed accordingly; “prescribed” means prescribed by regulations; “registered teacher” means (subject to paragraph 8 of Schedule 2) a person for the time being registered under section 3 F10with full or provisional registration; “regulations” means regulations made by the Secretary of State under this Act.

The minor and consequential amendments set out in Schedule 3 shall have effect.

The enactments specified in Schedule 4 are repealed to the extent specified.

This Act may be cited as the Teaching and Higher Education Act 1998.

This Act shall be included in the list of Education Acts set out in section 578 of the M11Education Act 1996.

In this Act—

sections 22 to 31,

sections 42 and 43,

section 45, and

this section,

come into force on the day on which this Act is passed.

The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.

Subject to subsections (6) to (9), this Act extends to England and Wales only.

The following provisions extend to Scotland only—

sections 16 and 17,

section 21,

sections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the M12Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland,

section 31, and

sections 37 and 38.

The following provisions also extend to Scotland—

section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,

section 23 so far as relating to any function exercisable by virtue of any provision so authorised,

sections 32 and 33,

section 39,

section 42, and

this section.

The following provisions extend to Northern Ireland—

section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), F11(3)(e) or (f) or (5) of that section,

section 23 so far as relating to any function exercisable by virtue of any provision so authorised,

section 39,

section 45, and

this section.

The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.