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Further and Higher Education (Scotland) Act 1992 (c. 37)

Further and Higher Education (Scotland) Act 1992 1992 CHAPTER 37 An Act to make new provision about further and higher education in Scotland; and for connected purposes. [16th March 1992] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. Duty of Secretary of State to secure provision of further education. S

2. Function of education authorities. S

3. Powers of Secretary of State. S

4. Funding of further education. S

5. Requirement on Secretary of State to consult. S

6. Further education to which section 1 applies. S

7. Scottish Further Education Funding Council. S

8. Advisory functions of the Funding Council. S

9. Power of Secretary of State as regards functions of the Funding Council. S

10. Management of colleges S

11. First transfer of colleges. S

12. Boards of management. S

13. Subsequent transfers of colleges. S

16. Transfer of property etc. to boards of management. S

17. Surpluses and deficits. S

18. Educational endowments and trusts S

19. Educational endowments. S

20. Miscellaneous S

21. Directions by Secretary of State. S

22. College development plans. S

23. Duty of boards of management as regards recorded children. S

24. Mismanagement by boards. S

25. Closure of colleges and dissolution of boards of management. S

26. Abolition of college councils. S

27. Property and contracts S

28. Control of disposal of certain land etc. S

29. Control of disposal and removal of other property. S

30. Enforcement of sections 28 to 30 S

31. Disposals and contracts without consent. S

32. Recovery of loss and damages. S

33. Transitional S

34. Transitional provisions as regards college councils. S

35. Service of documents etc. S

36. The funding council S

37. Scottish Higher Education Funding Council. S

38. Meaning of higher education. S

40. Administration of funds. S

41. Administration of funds: supplementary. S

42. Further functions S

43. Designated institutions S

44. Designation of institutions. S

45. Power of Privy Council in relation to designated institutions. S

46. Establishment of new institutions by the Secretary of State. S

47. Closure of institutions. S

48. Power to award degrees etc. S

50. Duty to give information to the Council. S

51. Efficiency studies. S

52. Exercise of powers of Privy Council. S

53. Inspection of accounts. S

54. Directions. S

55. Amendment of section 7 of the Teaching Council (Scotland) Act 1965. S

56. Interpretation of Part II. S

58. Stamp duty land tax S

59. Joint exercise of certain functions. S

60. Regulations and orders. S

61. Interpretation. S

62. Transitional provisions, miscellaneous amendments and repeals. S

63. Environmental Protection Act 1990 (c. 43) E+W+S

1. Duty of Secretary of State to secure provision of further education. S

2. Function of education authorities. S

3. Powers of Secretary of State. S

4. Funding of further education. S

5. Requirement on Secretary of State to consult. S

6. Further education to which section 1 applies. S

7. Scottish Further Education Funding Council. S

8. Advisory functions of the Funding Council. S

9. Power of Secretary of State as regards functions of the Funding Council. S

10. Management of colleges S

11. First transfer of colleges. S

12. Boards of management. S

13. Subsequent transfers of colleges. S

16. Transfer of property etc. to boards of management. S

17. Surpluses and deficits. S

18. Educational endowments and trusts S

19. Educational endowments. S

20. Miscellaneous S

21. Directions by Secretary of State. S

22. College development plans. S

23. Duty of boards of management as regards recorded children. S

24. Mismanagement by boards. S

25. Closure of colleges and dissolution of boards of management. S

26. Abolition of college councils. S

27. Property and contracts S

28. Control of disposal of certain land etc. S

29. Control of disposal and removal of other property. S

30. Enforcement of sections 28 to 30 S

31. Disposals and contracts without consent. S

32. Recovery of loss and damages. S

33. Transitional S

34. Transitional provisions as regards college councils. S

35. Service of documents etc. S

36. The funding council S

37. Scottish Higher Education Funding Council. S

38. Meaning of higher education. S

40. Administration of funds. S

41. Administration of funds: supplementary. S

42. Further functions S

43. Designated institutions S

44. Designation of institutions. S

45. Power of Privy Council in relation to designated institutions. S

46. Establishment of new institutions by the Secretary of State. S

47. Closure of institutions. S

48. Power to award degrees etc. S

50. Duty to give information to the Council. S

51. Efficiency studies. S

52. Exercise of powers of Privy Council. S

53. Inspection of accounts. S

54. Directions. S

55. Amendment of section 7 of the Teaching Council (Scotland) Act 1965. S

56. Interpretation of Part II. S

58. Stamp duty land tax S

59. Joint exercise of certain functions. S

60. Regulations and orders. S

61. Interpretation. S

62. Transitional provisions, miscellaneous amendments and repeals. S

63. Environmental Protection Act 1990 (c. 43) E+W+S

Section 1

1. Duty of Secretary of State to secure provision of further education. S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this Part of this Act “ further education ” means any programme of learning, not being school education, provided for persons over school age, being a programme falling, for the time being, within section 6 of this Act. F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 1(1)(2)(4)-(6) repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6) , s. 36(2) , Sch. 3 para. 6(2)(a) ; S.S.I. 2005/419 , art. 2(1) Commencement Information I1 S. 1 wholly in force; s. 1 not in force at Royal Assent see s. 63(2); s. 1(3)(4)(5) in force at 16.5.1992 and s. 1(1)(2)(6) in force at 1.4.1993 by S.I. 1992/817 , art. 3(2) , Schs. 1 , 4

Section 2

2. Function of education authorities. S

Section 1 of the 1980 Act (duty of education authorities to secure provision of education) shall be amended as follows— (a) in subsection (1) for the words “subsection (2)” there shall be substituted the words “ subsections (2) and (2A) ” ; and (b) after subsection (2) there shall be inserted the following subsection— “ (2A) The duty imposed on an education authority by subsection (1) above shall not include the provision of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, but an education authority shall have power to provide such further education for their area. ” Commencement Information I2 S. 2 wholly in force at 1.4.1993 see s.63(2) and S.I. 1992/817 , art. 3(2) , Sch. 4