Statutory Instruments
2004 No. 2781 (C.116 )
EDUCATION, ENGLAND AND WALES
The Higher Education Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004
Made
27th October 2004
In exercise of the powers conferred by sections 47(5) and 52(2) and (6) of the Higher Education Act 2004( 1 ), the Secretary of State for Education and Skills hereby makes the following Order:
Citation and Interpretation
1. —(1) This Order may be cited as the Higher Education Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004.
(2) In this Order “the 2004 Act” means the Higher Education Act 2004 .
Provisions coming into force
2. The following provisions of the 2004 Act shall come into force in relation to England on 1 st November 2004:
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Sections 11 to 18;
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Section 21;
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Section 32(2) and (3);
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Sections 35 and 36 to the extent that they are not already in force; and
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Schedules 1 to 4.
3. The following provisions of the 2004 Act shall come into force on 1st November 2004:
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Section 19; and
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Section 37 to the extent that it is not already in force.
4. The following provisions of the 2004 Act shall come into force in relation to England on 1 st January 2005;
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Section 20;
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Section 46;
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Section 50 to the extent that it relates to the provisions of Schedule 7 specified below; andin Schedule 7 —
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the repeal of section 206 and in section 207(1), paragraph (c) and the word “or” immediately preceding it of the Education Reform Act 1998 .
Transitional Provision
5. Notwithstanding the coming into force of Sections 20 and 46, the visitor of a qualifying institution has jurisdiction in respect of—
(a) any complaint which falls within Section 20(2) or (3) of the 2004 Act if that complaint was submitted to the visitor before 1 st January 2005; and
(b) any complaint which falls within Section 46(1) of the 2004 Act if that complaint was submitted to the visitor before 1 st January 2005.
Dr Kim Howells
Minister of State,
Department for Education and Skills
27th October 2004