LegalizeThe Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992
Made: 16th March 1992
In exercise of the powers conferred by section 89(4) and section 94(3) of the Further and Higher Education Act 1992[^f00001], the Secretary of State for Education and Science hereby makes the following Order:
1
This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992.
2
The provisions of the Further and Higher Education Act 1992 (“the Act”) specified in column 1 of Schedules 1 to 4 to this Order (which relate to the matters mentioned in column 2 thereof) shall come into force on the date specified in relation to each Schedule in the following table—
| Schedule 1 | 6th May 1992 |
|---|---|
| Schedule 2 | 30th September 1992 |
| Schedule 3 | 1st April 1993 |
| Schedule 4 | 1st August 1993. |
3
Paragraph 10 of Schedule 8 to the Act shall come into force on 1st September 1992 so far as it relates to institutions within the PCFC funding sector and otherwise on 1st April 1993, but this article does not extend to Wales.
4
Notwithstanding the coming into force on 6th May 1992 of paragraphs 61 to 65 of Schedule 8 to the Act[^f00002] paragraph 3 of Schedule 10 to the Education Reform Act 1988[^f00003] shall continue to have effect in relation to any matter notified to the Secretary of State by the Education Assets Board prior to that date pursuant to that paragraph.
5
For the purposes only of ascertaining under section 48(4)(b) of the Act whether a pay and conditions order would have had effect in relation to a person, no account shall be taken in determining the meaning of “secondary education” in the definition of “school teacher” in section 5 of the School Teachers' Pay and Conditions Act 1991[^f00004] of the amendments by the Act to the definitions of “secondary education” and “further education” in the Education Act 1944[^f00005].
SCHEDULE 1 — Provisions coming into force on 6th May 1992.
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 1 | The Further Education Funding Councils |
| Section 5(5), (6), (7) and (8) | Administration of funds by councils |
| Section 6(2), (3) and (4) | Administration of funds: supplementary |
| Section 7 | Grants to councils |
| Section 8 | Supplementary functions |
| Section 14(1) to (4) for the purposes of the provisions specified in this Schedule | Meaning of “further education” and “secondary education” |
| Section 15(1), (2), (3), (5), (6) and (7) | Initial incorporation of existing institutions |
| Section 17 | “Further education corporation” and “operative date” |
| Section 28 | Designation of institutions |
| Section 29 | Government and conduct of designated institutions |
| Section 30 | Special provision for voluntary aided sixth form colleges |
| Section 31 | Designated institutions conducted by companies |
| Section 32 | Transfer of property, etc. to designated institutions |
| Section 33 | Provisions supplementary to section 32 |
| Section 39 | Control of disposals of land |
| Section 40 | Wrongful disposals of land |
| Section 41 | Control of contracts |
| Section 42 | Wrongful contracts |
| Section 43 | Remuneration of employees |
| Section 54(1) | Duty to give information to the Further Education Funding Councils |
| Section 56 | Directions |
| Section 57(3) to (6) so far as it applies to the Further Education Funding Councils | Intervention in the event of breach of duty |
| Section 59(3), (4) and (5) | Reorganisations, affecting provision for further education, of schools |
| Section 61 | Interpretation of Part I |
| Section 62 | The Higher Education Funding Councils |
| Section 64 | Transitional arrangements |
| Section 67(2) to (5) | Payments in respect of persons employed in provision of higher or further education |
| Section 68 | Grants to councils |
| Section 69 | Supplementary functions |
| Section 70 | Assessment of quality of education provided by institutions |
| Section 71 | Higher education corporations: constitution and conduct |
| Section 72 | Further power of designation |
| Section 73 | Government and conduct of designated institutions |
| Section 75 | Variation of trust deeds |
| Section 76 | Power to award degrees, etc. |
| Section 77 | Use of “university” in title of institution |
| Section 78 | Financial years of higher education corporations |
| Section 79 | Duty to give information to the funding councils |
| Section 80 | Dissolution of Council for National Academic Awards |
| Section 81 | Directions |
| Section 82 | Joint exercise of functions |
| Section 83 | Efficiency studies |
| Section 84 | Effect of agreements made before date of transfer |
| Section 86 | Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies |
| Section 88 | Stamp Duty |
| Section 89 | Orders, regulations and directions |
| Section 90 | Interpretation |
| Section 91 | Interpretation of Education Acts |
| Section 92 | Index |
| Section 94 | Short title, commencement, etc |
| Schedule 1 | The Further and Higher Education Funding Councils |
| Schedule 3 | Calculation of enrolment numbers |
| Schedule 6 | New Schedule 7A to the Education Reform Act 1988 |
| Paragraphs 1, 9, 13(1) and (2)(a) but only in relation to references to “further education” in provisions of the Act as they are brought into force, 18, 27, 31, 32(b), 34, 36(a), 37(b), 38, 43, 48, 50 (so far as it relates to section 219(2)(e) of the Education Reform Act 1988 only), 51, 54, 56(b) and (c), 59, 61 to 65, 68, 75, 76, 78, 79, 84, 85, 87, 88 and 93(b) of Schedule 8, and section 93(1) so far as it relates to those provisions. | Minor and consequential amendments |
| Schedule 9 so far as it relates to the repeals of the following provisions of the Education Reform Act 1988: sections 122(2) to (5), section 129(3) and (4), section 136(3) to (7), in section 137(2) “or 129(3)”, section 156 (so far as it relates to institutions designated under section 129 of the Education Reform Act 1988), 219(2)(e), 227(2) to (4), in section 232(3) “or 227”, in section 232(4)(b) “227”, paragraph 19 of Schedule 7, and section 93(2) so far as it relates to those provisions. | Repeals |
SCHEDULE 2 — Provisions coming into force on 30th September 1992
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 5(3) | Administration of funds by councils |
| Section 6(5) and (6) | Administration of funds: supplementary |
| Section 14(1) to (4) for the purposes of the provisions specified in this Schedule | Meaning of “further education” and “secondary education” |
| Section 15(4) | Initial incorporation of existing institutions |
| Section 16 | Orders incorporating further institutions |
| Section 18 | Principal powers of a further education corporation |
| Section 19 | Supplementary powers of a further education corporation |
| Section 20 | Constitution of corporation and conduct of the institution |
| Section 21 | Initial instruments and articles |
| Section 22 | Subsequent instruments and articles |
| Section 23 | Transfer of property, etc.: institutions maintained by local education authorities |
| Section 24 | Provisions supplementary to section 23 |
| Section 25 | Transfer of property, etc.: grant-maintained schools |
| Section 26 | Transfer of staff to further education corporations |
| Section 27 | Dissolution of further education corporations |
| Section 36 | General provisions about transfers under Chapter II |
| Section 51 | Publication of proposals |
| Section 53 | Inspection of accounts |
| Section 58 | Reorganisations of schools involving establishment of further education corporations |
| Section 59(1) and (2) | Reorganisations, affecting provision for further education, of schools |
| Section 87 | Transfers of property, etc.: supplementary provision |
| Schedule 2 | Courses of further education |
| Schedule 4 | Instruments and articles of government for further education corporations |
| Schedule 5 | Identification and apportionment, etc. of property |
| Schedule 7 | Transfer: Supplementary Provisions |
| Paragraphs 21, 69 and 89 of Schedule 8 and section 93(1) so far as it relates to those provisions | Minor and consequential amendments |
SCHEDULE 3 — Provisions coming into force on 1st April 1993.
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 2 | Full-time education for 16—18 year-olds |
| Section 3 | Part-time education and full-time education for those over 18 |
| Section 4 | Persons 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 10 | Functions of local education authorities in respect of secondary education |
| Section 11 | Functions of local education authorities in respect of further education |
| Section 14(1) to (5) so far as not already in force | Meaning of “further education”, “secondary education” and “school” |
| Section 34 | Making additional property available for use |
| Section 35 | Voluntary transfers of staff in connection with section 34 |
| Section 37 | Attribution of surpluses and deficits |
| Section 38 | Payments 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 schools | Collective 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 schools | Religious education |
| Section 46 | Variation of trust deeds |
| Section 47 | Transfer of higher education institutions to further education sector |
| Section 48 | Statutory conditions of employment |
| Section 49 | Avoidance of certain contractual terms |
| Section 50 | Information with respect to institutions within the further education sector |
| Section 52 | Duty 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 60 | Saving as to persons detained by order of a court |
| Section 63 | Dissolution of existing councils |
| Section 65 | Administration of funds by councils |
| Section 66 | Administration of funds: supplementary |
| Section 67(1) | Payments in respect of persons employed in provision of higher or further education |
| Section 74 | Transfer of further education institutions to higher education sector |
| Section 85 | Finance 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 provisions | Minor and consequential amendments |
| Section 93(2) and Schedule 9, so far as they relate to the repeals set out in the appendix to this Schedule | Repeals. |
SCHEDULE 4 — Provisions coming into force on 1st August 1993.
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 12 | Provision of further education in maintained schools |
| Section 13 | Provision of further education in grant-maintained schools |
| Section 14(6) | Meaning of “pupil” |
| Paragraphs 13(2)(d), 17, 29, 77, 80 and 86 of Schedule 8 and section 93(1) so far as it relates to those provisions. | Minor and consequential amendments. |
| Section 93(1) and Schedule 9 so far as they relate to the repeal in section 105(2)(b) of the Education Reform Act 1988 of the words “but not the age of nineteen years”. | Repeals |
Signed
Kenneth Clarke — Secretary of State for Education and Science — 16th March 1992
Explanatory note
(This note is not part of the Order)
This Order brings into force the provisions of the Further and Higher Education Act 1992 specified in the Schedules thereto on the dates specified in the Schedules.
The Higher Education Funding Councils and the Further Education Funding Councils are established on 6th May 1992.
The appointed day for the establishment of further education corporations under section 15 is 30th September 1992.
The new further education sector, which involves the transfer of certain duties regarding the provision of further education from local education authorities to the Further Education Funding Councils, is created on 1st April 1993.
The governing body of a maintained school may decide to provide part-time education suitable to the requirements of persons of any age over compulsory school age and fulltime education suitable to the requirements of persons who have attained the age of nineteen years from 1st August 1993.
Footnotes
[^f00001]: 1992 c. 13.
[^f00002]: See article 2 and Schedule 1.
[^f00003]: 1988 c. 40.
[^f00004]: 1991 c. 49.
[^f00005]: 1944 c. 31; for the definition of secondary education see section 8 as amended by the Education (Miscellaneous Provisions) Act 1948 (c. 40), section 3 and the Education Reform Act 1988 (c. 40), section 120(6)(a) and Schedule 13, Part II; for the definition of “further education” see sections 41 (as substituted by the Education Reform Act 1988, section 120(2)), 67(4a) and 114(1B).
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