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

Part II S Higher education

General S

F1 50 Duty to give information to the Council. S

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Textual Amendments

F1 S. 50 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 6(2)(b); S.S.I. 2005/419, art. 2(1)

F2 51 Efficiency studies. S

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Textual Amendments

F2 S. 51 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 6(2)(b); S.S.I. 2005/419, art. 2(1)

52 Exercise of powers of Privy Council. S

(1) Any power vested in the Privy Council by this Part of this Act may be exercised by any two or more of the lords and others of the Council.

(2) Any act of the Privy Council under this Part of this Act shall be sufficiently signified by an instrument signed by the clerk of the Council, and an order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council, and an instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

Commencement Information

I1 S. 52 wholly in force at 16.5.1992 see s. 63(2) and S.I. 1992/817, art. 3(2), Sch. 1

F3 53 Inspection of accounts. S

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Textual Amendments

F3 S. 53 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 6(2)(b); S.S.I. 2005/419, art. 2(1)

F4 54 Directions. S

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Textual Amendments

F4 S. 54 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 6(2)(b); S.S.I. 2005/419, art. 2(1)

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

(1) The M1 Teaching Council (Scotland) Act 1965 shall be amended as follows.

(2) In section 7 (regulation of admission to courses of training for teachers and conditions for registration of teachers), for subsections (1) and (2) there shall be substituted the following subsections—

“(1) Subject to the following provisions of this section, the Secretary of State may make regulations as to—

(a) the provision of education and training for teachers in relevant institutions;

(b) the admission of students to courses of education and training for teachers;

(c) matters connected with the recommendation of students by the governing bodies of such institutions to the Council for registration; and

(d) so far as it relates to the matters mentioned in paragraphs (b) and (c) above, the fitness of persons to become teachers.

(2) Regulations under subsection (1) above may contain provision—

(a) as to the content, nature and duration of courses of education and training for teachers provided by relevant institutions and as to requirements for the assessment of students participating in such courses;

(b) as to the functions of the governing bodies, the principals and members of staff of relevant institutions;

(c) after consultation with the Council, conferring on the Council such functions as the Secretary of State considers appropriate; and

(d) as to such matters as are to be determined or approved by the Secretary of State or by such persons as may be prescribed,

and such regulations may make different provision for different institutions or classes of institution and for different circumstances.”

(3) In section 17 (interpretation) after subsection (3) there shall be inserted—

“(3A) In this Act—

(a) “relevant institution” means an institution within the higher education sector which provides courses for the education and training of teachers; and

(b) references to institutions within the higher education sector shall be construed as in Part II of the Further and Higher Education (Scotland) Act 1992.”

Commencement Information

I2 S. 55 wholly in force at 16.5.1992 see s. 63(2) and S.I. 1992/817, art. 3(2), Sch. 1

Marginal Citations

M1 1965 c. 19.

56 Interpretation of Part II. S

(1) In this Part of this Act—

• “designated institution” has the meaning given by section 44(2) of this Act;

• “governing body”, in relation to an institution, means—

  (a)

  in the case of an institution conducted by a body corporate, that body;

  (b)

  in the case of a university not falling within paragraph (a) above, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs;

  (c)

  in the case of any other institution not falling within paragraph (a) or (b) above for which the Secretary of State by regulations or the Privy Council by order has constituted a governing body, that governing body; and

  (d)

  in any other case, any board of governors of the institution or any person responsible for the management of the institution, whether or not formally constituted as a governing body or board of governors; and

• “higher education” has the meaning given by section 38 of this Act.

(2) In this Part of this Act, references to institutions within the higher education sector are to—

(a) universities; and

(b) designated institutions.

(3) Any reference in any enactment (including an enactment contained in a subordinate instrument) passed or made before the passing of this Act to a college of education shall be construed as a reference to a designated institution which provides courses for the education and training of teachers.

Modifications etc. (not altering text)

C1 S. 56(2) applied (1.4.1993) by 1973 c. 50, s. 8(4)(b) (as substituted (1.4.1993) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(3), Sch. 3).

Commencement Information

I3 S.56 wholly in force at 16.5.1992 see s. 63(2) and S.I. 1992/817, art. 3(2), Sch. 1