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Statutory Instruments
Education
Made
24th February 2021
Laid before Parliament
26th February 2021
Laid before Senedd Cymru
26th February 2021
Coming into force
6th April 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1), (2), (3) and (5) and 42(6) of the Teaching and Higher Education Act 1998(1) and sections 73(f) and 73B of the Education (Scotland) Act 1980(2).
The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 22(1), (2) and (3) and 42(6) of the Teaching and Higher Education Act 1998, now exercisable by them(3).
1998 c. 30; section 22 was amended by section 146(2) of, and Schedule 11 to, the Learning and Skills Act 2000 (c. 21), paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147(3) of the Finance Act 2003 (c. 14), sections 42(1) and 43 of, and Schedule 7 to, the Higher Education Act 2004 (c. 8), section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 76 of the Education Act 2011 (c. 21), section 88 of the Higher Education and Research Act 2017 (c. 29) and S.I. 2013/1881. Section 43(1) of the Teaching and Higher Education Act 1998 defines “prescribed” and “regulations”.
1980 c. 44; section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 and section 3(2) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and amended by section 3(3) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, paragraph 149 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 34(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3) and paragraph 8 of Schedule 8 to the Bankruptcy (Scotland) Act 2016 (asp 21).
The Secretary of State’s functions in section 22(2)(a) to (i) and (k) of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales so far as they relate to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8), with subsection (2)(a), (c) and (k) exercisable concurrently with the Secretary of State. The Secretary of State’s function in section 42 was transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by S.I. 1999/672. The above functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The National Assembly for Wales was renamed Senedd Cymru, or the Welsh Parliament, by section 2 of the Senedd and Elections (Wales) Act 2020 (anaw. 1).