Part 5Miscellaneous and general

Staff disputes: jurisdiction of visitor

46Exclusion of visitor’s jurisdiction in relation to staff disputes

1

The visitor of a qualifying institution has no jurisdiction in respect of—

a

any dispute relating to a member of staff which concerns his appointment or employment or the termination of his appointment or employment,

b

any other dispute between a member of staff and the qualifying institution in respect of which proceedings could be brought before any court or tribunal, or

c

any dispute as to the application of the statutes or other internal laws of the institution in relation to a matter falling within paragraph (a) or (b).

2

In subsection (1) “qualifying institution” has the meaning given by section 11.

3

In determining whether a dispute falls within subsection (1)(b) it is to be assumed that the visitor does not have jurisdiction to determine the dispute.

4

Section 206 of the Education Reform Act 1988 (c. 40) (which is superseded by subsection (1)) shall cease to have effect.

General

47Orders and regulations

1

Any power—

a

of the Secretary of State or the Assembly to make an order or regulations under this Act, or

b

of the Scottish Ministers to make an order under this Act,

is exercisable by statutory instrument.

2

Any statutory instrument containing—

a

an order made by the Secretary of State under section 18, or

b

regulations made by the Secretary of State under any provision of this Act,

is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Subsection (2) does not apply to—

a

regulations to which section 26(1) or (2)(a)(ii) or (b)(ii) applies,

b

regulations to which paragraph 12(3) of Schedule 2 applies, or

c

regulations to which subsection (4) applies.

4

A statutory instrument which contains (whether alone or with other provisions) regulations made by the Secretary of State by virtue of section 33(2), 34 or 37(3)(c) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

5

Any order or regulations under this Act may—

a

make different provision for different cases or different areas,

b

make provision generally or only in relation to specified cases, and

c

contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.

6

Nothing in this Act is to be regarded as affecting the generality of subsection (5).

48General interpretation

In this Act—

  • “the 1992 Act” means the Further and Higher Education Act 1992 (c. 13);

  • “the 1994 Act” means the Education Act 1994 (c. 30);

  • “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30);

  • “the Assembly” means the National Assembly for Wales.

I149Consequential amendments

Schedule 6 contains amendments related to the provisions of this Act.

Annotations:
Commencement Information
I1

S. 49 partly in force; s. 49 in force for certain purposes at Royal Assent, see s. 52(1)

50Repeals

Schedule 7 contains repeals.

51Financial provisions

1

There shall be paid out of money provided by Parliament—

a

any expenditure incurred by the Secretary of State by virtue of this Act, and

b

any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money so provided.

2

There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act.

52Commencement

1

The following provisions come into force on the passing of this Act—

  • section 22, so far as relating to England;

  • section 24(6), so far as enabling regulations to be made;

  • section 26;

  • section 29, so far as relating to England;

  • section 30(1), so far as relating to England;

  • section 31;

  • section 32(1);

  • sections 33 and 34, so far as relating to England;

  • sections 35 to 37, so far as enabling regulations to be made in relation to England;

  • section 39, so far as relating to England;

  • section 40;

  • section 41, so far as relating to England;

  • section 42;

  • sections 47 and 48;

  • section 51, this section and sections 53 and 54;

  • Schedule 5; and

  • paragraph 1 of Schedule 6 and, so far as relating to the Director of Fair Access to Higher Education, paragraphs 4 and 10 of that Schedule (and section 49 so far as relating to those provisions).

2

The following provisions (so far as not coming into force in accordance with subsection (1)) come into force in accordance with provision made by the Secretary of State by order—

  • Part 1, except section 10(2) and (3);

  • section 19;

  • section 23;

  • section 37;

  • section 43;

  • section 45;

  • paragraphs 2 to 6 and 9 and 10 of Schedule 6 (and section 49 so far as relating to those paragraphs); and

  • in Schedule 7, the repeals in the Superannuation Act 1972 (c. 11) and in section 22 of the 1998 Act (and section 50 so far as relating to those repeals).

3

The following provisions come into force in accordance with provision made by the Assembly by order—

  • section 10(2);

  • sections 27 and 28;

  • section 30(2) and (3);

  • section 32(4);

  • section 38; and

  • section 44.

4

The Assembly may not make an order under subsection (3) in relation to section 44 except with the agreement of the Secretary of State.

5

Section 10(3) comes into force in accordance with provision made by the Scottish Ministers by order.

6

Except as provided by subsections (1) to (5), the provisions of this Act come into force—

a

in relation to England, in accordance with provision made by the Secretary of State by order, and

b

in relation to Wales, in accordance with provision made by the Assembly by order.

53Extent

1

Subject to subsections (2) to (4), this Act extends to England and Wales only.

2

The following provisions also extend to Scotland and Northern Ireland—

a

Part 1,

b

section 45,

c

sections 47, 48, 51 and 52, and

d

this section and section 54.

3

Subsections (1), (2) and (5) of section 42 also extend to Northern Ireland.

4

Any amendment or repeal made by this Act has the same extent within the United Kingdom as the enactment to which it relates.

54Short title, etc.

1

This Act may be cited as the Higher Education Act 2004.

2

This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).