The Further and Higher Education (Scotland) Act 1992 (Commencement No.1 and Saving Provisions) Order 1992

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 25th April 1992 section 44 of the Further and Higher Education (Scotland) Act 1992 (for a limited purpose only) and on 16th May, 1st June, 1st September 1992 and 1st April 1993 the provisions of that Act specified respectively in Sched ules 1, 2, 3 and 4 to the Order.

As regards further education, the creation of a new duty for the Secretary of State and the transfer of management of colleges from education authorities to boards of management are to take place on 1st April 1993. Preparation for such transfer of management is to be made in the period leading up to that date. Accordingly, the provisions brought into force—

(a) on 16th May 1992, include the Secretary of State’s powers to prescribe the colleges and staff to transfer, provisions protecting college property in the period beginning 22nd March 1991 and ending when the transfer takes place, provisions changing the composition of college councils and other transitional measures;

(b) on 1st September 1992, deal with identification of property, rights, liabilities and obligations to transfer to boards of management on 1st April 1993 and resolution of disputes; and

(c) on 1st April 1993, include those creating a new duty for the Secretary of State as regards further education, giving him associated powers, establishing boards of management with duties and powers and transferring colleges to them.

As regards higher education the provisions brought into force—

(a) on 16th May 1992, relate to the meaning of higher education, the designation by the Secretary of State of institutions, the power of the Privy Council in relation to these designated institutions, the establishment of new institutions by the Secretary of State, the closure of institutions, the power to award degrees, change of name by institutions, amendment of the Teaching Council (Scotland) Act 1965, miscellaneous provisions and repeals;

(b) on 1st June 1992, relate to the establishment of the Scottish Higher Education Funding Council and some of its functions including the assessment of quality of education, grants to the Council, efficiency studies, directions and amendments; and

(c) on 1st April 1993, relate to the administration of funds by the Council and the functions associated with it including terms and conditions of grants, review of activities eligible for funding, inspection of accounts, and directions.