Further and Higher Education (Scotland) Act 1992

Part IIIS Miscellaneous

57 Finance.S

There shall be defrayed out of money provided by Parliament—

(a)any expenses of the Secretary of State incurred under this Act; and

(b)any increase attributable to this Act in the sums so payable under any other enactment.

58 Stamp duty.S

Stamp duty shall not be chargeable in respect of any agreement made or any transfer effected under or by virtue of any of the provisions of this Act.

[F158A.Stamp duty land taxS

(1)For the purposes of stamp duty land tax, any land transaction effected under or by virtue of any of the provisions of this Act is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this section——

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3 59A Joint exercise of certain functions.S

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60 Regulations and orders.S

(1)Any power under this Act of the Secretary of State to make regulations or orders or of the Privy Council to make orders shall, subject to subsection (2) below, be exercisable by statutory instrument subject, other than an order made under section 63(2) of this Act [F4or which falls within subsection (2A)], to annulment in pursuance of a resolution of either House of Parliament.

(2)Subsection (1) above shall not apply to an order made under section 14(4), 19(3) or 20(1) or of paragraph 18(4) of Schedule 2 to this Act.

[F5(2A)An order falls within this subsection if—

(a)it is made under section 3(5) of this Act and makes provision other than provision varying the maximum or minimum number of members of a board of management established in pursuance of Part 1 of this Act; or

(b)it is made under section 12(8) of this Act.

(2B)An order falling within subsection (2A) is subject to the affirmative procedure.]

(3)Regulations and orders made under this Act may make different provision as to different cases or circumstances; and such regulations or orders may contain such incidental, supplementary or transitional provision as the Secretary of State or, as the case may be, the Privy Council, think fit.

61 Interpretation.S

In this Act, unless the context otherwise requires—

• “the 1980 Act” means the M1Education (Scotland) Act 1980

• [F6“the Council" means the Scottish Further and Higher Education Funding Council;] and

• “ prescribed ” means prescribed by order or by regulations made by the Secretary of State.

62 Transitional provisions, miscellaneous amendments and repeals.S

(1)The transitional, consequential and saving provisions contained in Schedule 8 to this Act shall have effect.

(2)The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in that Schedule.

(3)The enactments specified in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

63 Short title, commencement and extent.S

(1)This Act may be cited as the Further and Higher Education (Scotland) Act 1992.

(2)This Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

(3)An order under subsection (2) above may make such transitional and saving provisions as appear to the Secretary of State necessary or expedient in connection with the provision brought into force by the order.

(4)Subject to subsection (5) below, this Act extends to Scotland only.

(5)The amendment by this Act of an enactment which extends to England and Wales or Northern Ireland extends also to England and Wales or, as the case may be, Northern Ireland.