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

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SCHEDULE 3Provisions coming into force on 1st April 1993.

Provisions of the ActSubject matter of the provisions
Section 2Full-time education for 16—18 year-olds
Section 3Part-time education and full-time education for those over 18
Section 4Persons with learning difficultites
Section 5(1), (2) and (4)Administration of funds by councils
Section 6(1)Administration of funds: supplementary
Section 9 except for subsection (4)Assessment of quality of education provided in institutions
Section 10Functions of local education authorities in respect of secondary education
Section 11Functions of local education authorities in respect of further education
Section 14(1) to (5) so far as not already in forceMeaning of “further education”, “secondary education” and “school”
Section 34Making additional property available for use
Section 35Voluntary transfers of staff in connection with section 34
Section 37Attribution of surpluses and deficits
Section 38Payments by council in respect of loan liabilities
Section 44 only in respect of institutions which before they became institutions within the further education sector were schools maintained by a local education authority or grant-maintained schoolsCollective worship
Section 45 only in respect of institutions which before they became institutions within the further education sector were schools maintained by a local education authority or grant-maintained schoolsReligious education
Section 46Variation of trust deeds
Section 47Transfer of higher education institutions to further education sector
Section 48Statutory conditions of employment
Section 49Avoidance of certain contractual terms
Section 50Information with respect to institutions within the further education sector
Section 52Duty to provide for named individuals
Section 54(2)Duty to give information to local education authorities
Section 55(1) to (3) (as respects England only), (4) to (6) and (7)(a) and (c)Inspection of local education authority institutions, other than schools, and advice to the Secretary of State
Section 57 (so far as not already in force)Intervention in the event of mismanagement or breach of duty
Section 60Saving as to persons detained by order of a court
Section 63Dissolution of existing councils
Section 65Administration of funds by councils
Section 66Administration of funds: supplementary
Section 67(1)Payments in respect of persons employed in provision of higher or further education
Section 74Transfer of further education institutions to higher education sector
Section 85Finance and government of locally funded further and higher education
Paragraphs 2, 3, 4, 5, 6, 7, 8, 11, 12, 13 so far as not already in force and except for sub-paragraph (2)(d), 14, 15, 16, 19, 20, 22, 23, 24 (but the amendments by sub-paragraph (a) shall not have effect in relation to provision for further education made by a local education authority before 1st April 1993), 25, 26, 28, 30, 32(a), 33, 35, 36(b), 37(a), 39, 40, 41, 42, 44, 45, 46, 47, 49, 50 (so far as not already in force), 52, 53, 55, 56(a), 57, 58, 60, 66, 67, 70, 71, 72, 73, 74, 81, 82, 83, 90, 91, 92, 93(a), 94 and 95 of Schedule 8, and section 93(1) so far as it relates to those provisionsMinor and consequential amendments
Section 93(2) and Schedule 9, so far as they relate to the repeals set out in the appendix to this ScheduleRepeals.

APPENDIX TO SCHEDULE 3

ChapterShort titleExtent of repeal
1944 c. 31.The Education Act 1944.Section 8(3).
Section 67(4A).
In section 85(2) and (3) “for providing primary or secondary education”.
In section 114(1), the definitions of “part-time senior education” and “post-school age education”.
Section 114(1A), (1B) and (1C).
1948 c. 40.The Education (Miscellaneous Provisions) Act 1948.Section 3(3).
1972 c. 11.The Superannuation Act 1972.In Schedule 1 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
1975 c. 24.The House of Commons Disqualification Act 1975.In Part III of Schedule 1 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council.
1986 c. 61.The Education (No. 2) Act 1986.Section 43(5)(c) and, in subsection (7), paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment”.
Section 49(3)(d) and (da).
In section 51, in subsection (2)(b) the words from “made” to the end (but this repeal shall not have effect in relation to provision for further education made by a local education authority before 1st April 1993) and subsections (5) and (6).
Section 58(3), (4) and (5)(a) and in subsection (5)(ab) “and are not designated establishments of higher or further education”.
1988 c. 40.The Education Reform Act 1988.Section 120(2), (6), (7), (8), (9)(a)(ii) and (9)(b).
Section 124(4).
Sections 131 and 132.
Section 134.
Chapter III of Part II.
Section 156 (so far as still in force).
In section 157 the words “or assisted” in both places in subsection (4) and subsection (5)(b).
Section 158(2)(a)(i) and (iii) and (b).
Section 159(2)(b).
Section 161(1)(c).
Section 205(6).
Section 211(c).
Section 218(10)(b).
Section 219(1)(b), (2)(d) and (3)(c)(ii).
In section 221, subsection (1)(c) and, in subsection (3), the definition of “relevant institution”.
In section 222, subsection (2)(b) and, in subsection (3)(c), “or institutions required to be covered by schemes under section 139 of this Act”.
In section 230, in subsection (1) “section 136(2)” and subsection (3)(c)(ii).
In section 232, in subsection (2) “140(1), 141(6), 145(6), 151(4), 156(10)”.
Section 234(2)(b).
Section 235(2)(a) and (h).
Paragraphs 68, 69(2), 70, 100(2) and 101(4) of Schedule 12.
1990 c. 43.The Environmental Protection Act 1990.Section 98(2)(a).

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