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. β(1) This Order may be cited as the Higher Education Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004.
(2) In this Order βthe 2004 Actβ 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:
Sections 11 to 18;
Section 21;
Section 32(2) and (3);
Sections 35 and 36 to the extent that they are not already in force; and
Schedules 1 to 4.
3. The following provisions of the 2004 Act shall come into force on 1st November 2004:
Section 19; and
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;
Section 20;
Section 46;
Section 50 to the extent that it relates to the provisions of Schedule 7 specified below; andin Schedule 7 β
the repeal of section 206 and in section 207(1), paragraph (c) and the word βorβ 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 ofβ
(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