2013 No. 348 (C. 29)

Education

The Post-16 Education (Scotland) Act 2013 (Commencement No. 2) Order 2013

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 23(2) of the Post-16 Education (Scotland) Act 20131.

Citation, commencement and interpretation1

1

This Order may be cited as the Post-16 Education (Scotland) Act 2013 (Commencement No. 2) Order 2013 and comes into force on 13th January 2014.

2

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

Appointed day2

1

13th January 2014 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule), in so far as they are not already in force.

2

Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 13th January 2014 for that purpose only.

MICHAEL RUSSELLA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Provisions of the Act

Column 2

Subject-matter

Column 3

Purpose

Section 5(1)

Regional colleges

Section 18

Collective bargaining framework for college staff

Section 20

Duty to provide information to Skills Development Scotland

Section 21

Modification of enactments

For the purpose of commencing paragraphs 2(1) and (2)(b) and 8(1) and (23)(a)(i), (iii) and (iv) of the schedule to the Act.

Schedule, paragraph 2(1)

Modification of enactments

Schedule, paragraph 2(2)(b)

Modification of enactments

For the purpose of inserting subsection (7)(a) and (c) to (i) into section 3 of the 1992 Act.

Schedule, paragraph 8(1)

Modification of enactments

Schedule, paragraph 8(23)(a)(i)

Modification of enactments

Schedule, paragraph 8(23)(a)(iii)

Modification of enactments

For the purpose of inserting the definition “higher education institution” into section 35(1) of the 2005 Act.

Schedule, paragraph 8(23)(a)(iv)

Modification of enactments

For the purpose of inserting the definitions “recognised” and “regional college” into section 35(1) of the 2005 Act.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Post-16 Education (Scotland) Act 2013 (“the Act”) on 13th January 2014: sections 5(1); 18; 20; 21 and paragraphs 2(1) and (2)(b) and 8(1) and (23)(a)(i), (iii) and (iv) of the schedule to the Act.

Article 2 appoints 13th January 2014 as the day for the coming into force of the provisions mentioned in the Schedule to the Order. Some are partially commenced for restricted purposes only.

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 first Commencement Order, the Post-16 Education (Scotland) Act 2013 (Commencement No. 1) Order 2013 (S.S.I. 2013/281), was made on 24th September 2013. The provisions of the Act commenced by that Order are detailed in the table below.

Provision

Date of Commencement

S.S.I.No.

Section 1

10th October 2013

2013/281

Section 6(2)

10th October 2013

2013/281

Section 13 (partially)

10th October 2013

2013/281

Section 21 (partially)

10th October 2013

2013/281

Schedule, paragraph 2(7)(d) (partially), 3, 8(5)(a)(i) and (22)(a) and (b) and 8(22)(c) (partially)

10th October 2013

2013/281