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

• Citation: S.I. 1998/3237
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998.

(2) In this Order–

“the 1962 Act ” means the Education Act 1962 ;

“the 1998 Act ” means the Teaching and Higher Education Act 1998;

“award” means an award under the 1962 Act;

“DipHE course”, “first degree course”, “ HND course” and “postgraduate course for the initial training of teachers” have the same meanings as in the Education (Mandatory Awards) Regulations 1998 ;

“first year” in relation to a course means the first of the twelve month periods beginning on 1st January, 1st April, 1st July or 1st September according as the academic years of the course in question begin in the winter, the spring, the summer or the autumn respectively; but if students are required to begin attending the course during August or September and to continue attending through the autumn the first year of the course shall be considered to begin in the autumn rather than the summer;

“old award” means an award under section 1(1) of the 1962 Act which is an old award within the meaning of the Education (Mandatory Awards) Regulations 1998 or an award under section 1(6) of that Act which is an old award for the purposes of those Regulations as applied to such awards by virtue of section 1(7) of that Act.

Section 2 Provisions coming into force

(1) Subject to articles 3 and 4 section 44(2) of the 1998 Act shall come into force on 1st January 1999 for the purpose of bringing into force the repeal in Schedule 4 to that Act of–

(a) the 1962 Act;

(b) section 3 of the Education Act 1973 ;

(c) section 19 of and Schedule 5 to the Education Act 1980 ;

(d) in section 2(3) of the Education (Fees and Awards) Act 1983 , paragraph (a) and in paragraph (b) the word “other”;

(e) section 209 of the Education Reform Act 1988 ; and

(f) in section 578 of the Education Act 1996 the entries relating to the 1962 Act and the Education (Student Loans) Acts of 1990, 1996 and 1998.

(2) Section 44(2) of the 1998 Act shall also come into force on 1st January 1999 for the purpose of bringing into force the repeal in Schedule 4 to that Act of paragraphs (h) and (j) of Schedule 2 to the Charities Act 1993 .

(3) Sections 37 and 38 of the 1998 Act shall come into force on 1st January 1999.

(4) Section 39 of the 1998 Act shall come into force on 1st February 1999.

(5) Section 36 of the 1998 Act shall come into force on 1st April 1999.

Section 3 Transitional and saving provisions

(1) The repeal of the provisions of the Acts mentioned in article 2(1) shall not affect the continued operation of those provisions or of any subordinate legislation made or to be made under them with respect to, or otherwise in connection with–

(a) awards bestowed before the coming in force of the repeal of the provisions;

(b) the bestowing of awards on any student who attends any course referred to in article 4;

(c) awards bestowed on any such student.

(2) Without prejudice to the generality of paragraph (1), the repeal of the 1962 Act shall not affect the continued operation of the provisions of that Act relating to the making of subordinate legislation.

Section 4 Transitional and saving provisions

The courses referred to in article 3(1)(b) are:

(a) a course the first year of which begins before 1st September 1999;

(b) a first degree course where–

(i) the student begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and

(ii) an award bestowed on him in respect of his attendance at the DipHE or HND course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed;

(c) a postgraduate course for the initial training of teachers where–

(i) the student begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii) an award bestowed on him in respect of his attendance at the first degree course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed.