Search Legislation

Teaching and Higher Education Act 1998

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Teaching and Higher Education Act 1998 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 1(9).

F1 SCHEDULE 1E+W General Teaching Council for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6.

F2SCHEDULE 2E+W Disciplinary powers of Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 44(1).

SCHEDULE 3U.K. Minor and consequential amendments

Public Records Act 1958 (c.51)U.K.

1U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records), insert at the appropriate places—

General Teaching Council for England.

General Teaching Council for Wales.

Superannuation Act 1972 (c.11)U.K.

2U.K.In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply), in the list of “Other Bodies”, insert at the appropriate places—

[F3A body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992.]

General Teaching Council for England.

General Teaching Council for Wales.

House of Commons Disqualification Act 1975 (c.24)U.K.

3U.K.In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) insert at the appropriate places—

Any member of the General Teaching Council for England in receipt of remuneration.

Any member of the General Teaching Council for Wales in receipt of remuneration.

Education (Scotland) Act 1980 (c.44)E+W

4E+WIn section 133 of the Education (Scotland) Act 1980 (regulations)—

(a)in subsection (2), at the beginning insert “ Subject to subsections (2A) and (2B) below, ”; and

(b)after subsection (2) insert—

(2A)Subsection (2) above shall not apply to the first regulations to be made under section 73(f) of this Act with respect to loans; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2B)Subsection (2) above shall not apply to any regulations under section 73(f) of this Act with respect to loans, other than the regulations mentioned in subsection (2A) above, where a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Education (Fees and Awards) Act 1983 (c.40)E+W

F45E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 para. 5 repealed (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Education Reform Act 1988 (c.40)E+W

6E+WIn section 232(6) of the Education Reform Act 1988 (orders and regulations: provision for Wales) omit “other than section 218(1)(b) or (c), (5) or (6)”.

Further and Higher Education Act 1992 (c.13)E+W

7E+WIn section 17 of the Further and Higher Education Act 1992 (“further education corporation” and “operative date”), at the end of subsection (1) add “or which has become a further education corporation by virtue of section 47 of this Act”.

8E+WIn section 90(3) of that Act (interpretation), after “ “university”” insert “ (except where the context otherwise requires) ”.

Charities Act 1993 (c.10)E+W

F59E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 3 para. 9 repealed (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)

Employment Rights Act 1996 (c.18)U.K.

10U.K.After section 47 of the Employment Rights Act 1996 insert—

47A Employees exercising right to time off work for study or training.

(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the meaning of section 63A(3)) done on the ground that, being a person entitled to—

(a)time off under section 63A(1) or (3), and

(b)remuneration under section 63B(1) in respect of that time taken off,

the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration.

(2)Except where an employee is dismissed in circumstances in which, by virtue of section 197, Part X does not apply to the dismissal, this section does not apply where the detriment in question amounts to dismissal (within the meaning of that Part).

11U.K.In section 48 of that Act (complaints to employment tribunals)—

(a)in subsection (1) for “46 or 47” substitute “ 46, 47 or 47A ”; and

(b)at the end insert—

(5)In this section and section 49 any reference to the employer includes, where a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).

12U.K.In section 58 of that Act (right to time off for occupational pension scheme trustees), at the end of subsection (3) add , and

(c)references to training are to training on the employer’s premises or elsewhere.

13U.K.In section 104 of that Act (assertion of statutory right) at the end insert—

(5)In this section any reference to an employer includes, where the right in question is conferred by section 63A, the principal (within the meaning of section 63A(3)).

14U.K.In section 225 of that Act (rights during employment), after subsection (4) insert—

(4A)Where the calculation is for the purposes of section 63B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

Education Act 1996 (c.56)E+W

15E+WIn section 578 of the Education Act 1996 (meaning of “the Education Acts”), insert at the appropriate place—

the Teaching and Higher Education Act 1998.

Section 44(2).

SCHEDULE 4E+W Repeals

Commencement Information

I1Sch. 4 partly in force; Sch. 4 not in force at Royal Assent; Sch. 4 in force for specified repeals at 13.8.1998 by S.I. 1998/2004, art. 2 (subject to savings in arts. 3-7); Sch. 4 in force for specified repeals at 1.10.1998 by S.I. 1998/2215, art. 2; Sch. 4 in force for specified repeals at 1.1.1999 by S.I. 1998/3237, art. 2(1) (subject to savings in arts. 3 and 4) and art 2(2)

ChapterShort titleExtent of repeal
1962 c. 12.Education Act 1962.The whole Act.
1973 c. 16.Education Act 1973.Section 3.
1980 c. 20.Education Act 1980.Section 19.
Schedule 5.
1983 c. 40.Education (Fees and Awards) Act 1983.In section 2(3), paragraph (a) and in paragraph (b) the word “other”.
1988 c. 40.Education Reform Act 1988.Section 209.
In section 218(1)(c), the words “schools and”.
In section 232(6), the words “other than section 218(1)(b) or (c), (5) or (6)”.
1990 c. 6.Education (Student Loans) Act 1990.The whole Act.
1993 c. 10.Charities Act 1993.In Schedule 2, paragraphs (h) and (j).
1996 c. 9.Education (Student Loans) Act 1996.The whole Act.
1996 c. 56.Education Act 1996.In section 578, the entries relating to the Education Act 1962 and the Education (Student Loans) Acts of 1990, 1996 and 1998.
In Schedule 37, paragraphs 4 to 7 and 98.
1998 c. 1.Education (Student Loans) Act 1998.The whole Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources