The Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions of the Teaching and Higher Education Act 1998 specified in article 2 on the days specified in that article. Article 2(1) brings into force the repeal of the Education Act 1962 on 1st January 1999, and other minor and consequential repeals. This will facilitate the change from local education authority mandatory and discretionary awards under the 1962 Act to financial support for students under section 22 of the 1998 Act, in the form of means tested grants for fees and loans for maintenance provided by the Secretary of State.

Articles 3 and 4 contain transitional and saving provisions, ensuring that payments will continue to be made pursuant to awards bestowed under the 1962 Act before its repeal. They also ensure that awards may be bestowed after its repeal in respect of courses beginning before 1st September 1999, and in respect of certain first degree and postgraduate courses for the initial training of teachers beginning after that date. In particular the power to make or amend regulations under the 1962 Act is preserved in relation to awards made under it.

Article 2(2) brings into force repeals of two entries in Schedule 2 to the Charities Act 1993, concerning the charitable status of further and higher education corporations. This follows the coming into force on 1st October 1998 of section 41 of the 1998 Act, which deals with the same issue.

Article 2(3) brings into force section 37 and 38 of the 1998 Act on 1st January 1999. Section 37 introduces a new section into the Further and Higher Education (Scotland) Act 1992, which provides for the joint exercise of functions by the Scottish Higher Education Funding Council and the Scottish Further Education Funding Council. Section 38 inserts a new paragraph in section 19(6) of the Disability Discrimination Act 1995, providing that the Scottish Further Education Funding Council is a relevant body for the purposes of section 19(5) of that Act. Education funded or secured by it or provided at an establishment funded by it will not be subject to the provisions of the 1995 Act concerning discrimination in the provision of services to disabled persons.

Article 2(4) brings into force section 39 of the 1998 Act on 1st February 1999. This section regulates the use of the word “university” by institutions in England and Wales.

Article 2(5) brings into force section 36 of the 1998 Act on 1st April 1999. This section substitutes a new paragraph (3) in section 3 of the Further and Higher Education Act 1992. A further education funding council may secure the provision of facilities for part-time education suitable to the requirements of persons over compulsory school age and for full-time education suitable to the requirements of persons over the age of 19 where they are not required to do so. The councils are not required to secure provision of facilities for education by means of a course of a description not mentioned in Schedule 2 to the Act, and accordingly this provisions ensures that they have the power to do so.