Statutory Instrument 1992 No. 831 (C.31)

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

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1992 No. 831 (C.31)

EDUCATION, ENGLAND AND WALES

EDUCATION, SCOTLAND

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

In exercise of the powers conferred by section 89(4) and section 94(3) of the Further and Higher Education Act 1992^[1], 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^[2] paragraph 3 of Schedule 10 to the Education Reform Act 1988^[3] 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^[4] of the amendments by the Act to the definitions of "secondary education" and "further education" in the Education Act 1944^[5].

Kenneth Clarke

Secretary of State for Education and Science

16th March 1992

[1] 1992 c. 13. back

[2] See article 2 and Schedule 1. back

[3] 1988 c. 40. back

[4] 1991 c. 49. back

[5] 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). back

Explanatory Note