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Teaching and Higher Education Act 1998
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Changes over time for: Section 46
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Teaching and Higher Education Act 1998, Section 46 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 46:
- s. 46(7) words inserted by 2017 c. 29 s. 86(8)(a)
- s. 46(8) words inserted by 2017 c. 29 s. 86(8)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(4A)(4B) inserted by 2017 c. 29 s. 86(4)
- s. 22(5)(ea) inserted by 2017 c. 29 s. 86(5)(d)
- s. 22(11) inserted by 2017 c. 29 s. 86(7)
- s. 28A inserted by 2022 c. 21 s. 15(1)
46 Short title, commencement and extent.U.K.
(1)This Act may be cited as the Teaching and Higher Education Act 1998.
(2)This Act shall be included in the list of Education Acts set out in section 578 of the M1Education Act 1996.
(3)In this Act—
sections 22 to 31,
sections 42 and 43,
section 45, and
this section,
come into force on the day on which this Act is passed.
(4)The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.
(5)Subject to subsections (6) to (9), this Act extends to England and Wales only.
(6)The following provisions extend to Scotland only—
sections 16 and 17,
section 21,
sections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the M2Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland,
section 31, and
sections 37 and 38.
(7)The following provisions also extend to Scotland—
section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,
section 23 so far as relating to any function exercisable by virtue of any provision so authorised,
sections 32 and 33,
section 39,
section 42, and
this section.
(8)The following provisions extend to Northern Ireland—
section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), [F1(3)(e), (f), (g) or (h)] or (5) of that section,
section 23 so far as relating to any function exercisable by virtue of any provision so authorised,
section 39,
section 45, and
this section.
(9)The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
Subordinate Legislation Made
P1S. 46(4) power partly exercised (17.7.1998): 18.7.1998 appointed for specified provisions by S.I. 1998/1729
S. 46(4) power partly exercised (12.8.1998): 13.8.1998 appointed for specified provisions by S.I. 1998/2004
S. 46(4) power partly exercised (3.9.1998): 1.10.1998 and 1.4.1999 appointed for specified provisions by S.I. 1998/2215
S. 46(4) power partly exercised (21.12.1998): 1.1.1999, 1.2.1999 and 1.4.1999 appointed for specified provisions by S.I. 1998/3237
s. 46(4) power partly exercised (24.3.1999): 1.9.1999 appointed for specified provisions by S.I. 1999/987, art. 2
S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2000/970, arts. 2, 3
S. 46(4) power partly exercised: 15.8.2000 appointed for specified provisions by S.I. 2000/2199, art. 2
S. 46(4) power partly exercised: different dates appointed for specified provisions by S.I. 2001/1211, arts. 2-4
Textual Amendments
F1Words in s. 46(8) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 257(3)(4), 269(4); S.I. 2009/3317, art. 2, Sch.
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