Citation and interpretation and application1
1
This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 3 and Transitional Provisions) (Wales) Order 2001.
2
In this Order:
“the 1992 Act” (“Deddf 1992”) means the Further and Higher Education Act 19922;
“the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000.
3
This Order applies to Wales, and the provisions specified in the Schedule shall come into force in relation to Wales for all purposes unless otherwise specified.
Provisions coming into force2
1
The provisions of the 2000 Act specified in Part I of the Schedule to this Order shall come into force on 1st April 2001.
2
The provisions of the 2000 Act specified in Part II of the Schedule to this Order shall come into force on 1st September 2001.
Transitional and Savings Provisions
3
1
In this article-
“the old Council” (“yr hen Gyngor”) means the Further Education Funding Council for Wales;
“the new Council” (“y Cyngor newydd”) means the National Council for Education and Training for Wales.
2
Without prejudice to paragraph 11 of Schedule 10 to the 2000 Act any thing done before 1st April 2001 by the old Council pursuant to section 51 of the 1992 Act shall have effect as if done by the new Council.
3
If any provision in the instrument or articles of government of any institution within the further education sector (within the meaning of section 91(3) of the 1992 Act) provides that anything should be done in accordance with requirements of the old Council or should comply with directions given by the old Council, such provision shall have effect, in relation to any requirement imposed or direction given on or after 1st April 2001, as if references to the old Council were references to the new Council.
4
The powers contained in -
a
section 496 of the Education Act 1996 as applied in relation to the old Council by section 56(3) of the 1992 Act, and
b
section 57(3) and (4) of the 1992 Act,
shall continue to be exercisable in respect of any action (including failure to take any action) by the old Council before 1st April 2001 but any direction given under those powers shall be given to the new Council.
4
The amendment of section 41(10) of the 1992 Act made by paragraph 26 of Schedule 9 to the 2000 Act shall not have effect for the purpose of determining whether any contract entered into before 1st April 2001 was entered into in contravention of section 41 of the 1992 Act.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19983.