215.Section 151 introduces Schedule 10 which makes transitional provisions. Parts I and II of the Schedule contain provision relating to the period of transition before the LSC and the CETW assume their full functions from April 2001. In that period, the LSC and CETW may be established and operate without the full complement of council members. The intention is that they will be established once the Chairman and Chief Executive are appointed.
216.Parts I and II also provide the framework to facilitate the transition from the FEFCs to the LSC and the CETW. That framework includes a power for the Secretary of State and National Assembly to make an order conferring functions on the LSC or CETW which will support preparations to take on their full functions; and a power to impose a duty on the old Councils to give assistance to the LSC and CETW to carry out their full functions when they acquire them. The old Councils are specifically required do their best to secure that any functions remaining to be discharged are discharged before the LSC and the CETW take on their full functions in 2001 on the dissolution of the old Councils. The LSC and the CETW will take the place of the old Councils in any legal proceedings or any legal agreement. The LSC and CETW must also discharge duties of the old Councils after their dissolution to report on their provision for disabled students and to submit accounts.
217.Part III of Schedule 10 contains a transitional provision relating to the ALI. As with the LSC and CETW, it may become a legal entity once the first two Inspectorate members - namely, the Chairman and Chief Inspector are appointed.
218.Part IV maintain savings provision for student loans made under the Education (Student Loans) Act 1990 which was repealed by the Teaching and Higher Education Act 1998. Some students may still be receiving loans under the terms of the 1990 Act or may be eligible to receive them, perhaps because of earlier delays in their starting their courses or because of breaks in the courses. The eligibility for loans was defined by reference to courses, including in some instances courses at institutions funded by an FEFC. To maintain the savings provisions it is necessary to alter the definition of the institutions since with the dissolution of the FEFCs the institutions will receive funding from the LSC or CETW.
Explanatory Notes in relation to Schedules 1 to 6, 8 and 10 have been incorporated into the commentary on related sections. Commentary on Schedules 7 and 9 is below. There is no commentary on Schedule 11.
Commentary on Sections Part V - Miscellaneous and General Section 151 and Schedule 10: transitional provisions