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The Colleges of Further Education (Transfer and Closure) (Scotland) Order 2013

S.S.I. 2013/354 · Made 17 December 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education

Made 17th December 2013

Laid before the Scottish Parliament 19th December 2013

Coming into force 22nd February 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1)(c), 25(1), (1A), (2) and (5) and 60(3) of the Further and Higher Education (Scotland) Act 1992f1 and all other powers enabling them to do so.

In accordance with section 5(1) of that Act, they have consulted the education authority for the area in which each of Central College Glasgow, Clackmannan College of Further Education, Fife College of Further and Higher Education, Glasgow College of Building and Printing, Glasgow College of Food Technology, Glasgow College of Nautical Studies and Glenrothes College is, or was, situated and any other person appearing to them to be affected by the proposal.

In accordance with section 25(7) of that Act, the Board of Management of City of Glasgow College, the Board of Management of Fife College and the Board of Management of Forth Valley College of Further and Higher Education have consented to the transfer and vesting of property, rights, liabilities and obligations provided for in this Order.

Annotations to the whole text

Footnotes

f1

1992 c.37. Section 3(1) was amended by the Further and Higher Education (Scotland) Act 2005 (asp 6) (“the 2005 Act”), section 32 and schedule 3, paragraph 6(1)(a). Section 25 was amended by section 29(1) of the 2005 Act and by S.S.I. 2006/216. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer from Central College Glasgow
  4. 4Closure of Central College Glasgow
  5. 5Transfer from Clackmannan College of Further Education
  6. 6Closure of Clackmannan College of Further Education
  7. 7Transfer from Fife College of Further and Higher Education
  8. 8Closure of Fife College of Further and Higher Education
  9. 9Transfer from Glasgow College of Building and Printing
  10. 10Closure of Glasgow College of Building and Printing
  11. 11Transfer from Glasgow College of Food Technology
  12. 12Closure of Glasgow College of Food Technology
  13. 13Transfer from Glasgow College of Nautical Studies
  14. 14Closure of Glasgow College of Nautical Studies
  15. 15Transfer from Glenrothes College
  16. 16Closure of Glenrothes College
  17. 17Property provided with grant aid
  18. Signature
  19. Explanatory note

1Citation and commencement

This Order may be cited as the Colleges of Further Education (Transfer and Closure) (Scotland) Order 2013 and comes into force on 22nd February 2014.

2Interpretation

In this Order—

  • “the 1992 Act” means the Further and Higher Education (Scotland) Act 1992;

  • “Central College” means the institution named Central College Glasgow being a college of further education prescribed under section 11(1) of the 1992 Actf1;

  • “the Central College Board” means the Board of Management of Central College Glasgow established as a body corporate by section 11(2) of the 1992 Act;

  • “City of Glasgow” means the institution named City of Glasgow College being a college of further education established under section 3 of the 1992 Actf2;

  • “the City of Glasgow Board” means the Board of Management of City of Glasgow College established under section 3 of the 1992 Act, which is a charity entered in the Scottish Charity Register, charity number SC036198;

  • “Clackmannan” means the institution named Clackmannan College of Further Education being a college of further education prescribed under section 11(1) of the 1992 Actf3;

  • “the Clackmannan Board” means the Board of Management of Clackmannan College of Further Education established as a body corporate by section 11(2) of the 1992 Act;

  • “enactment” has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010f4;

  • “Fife College” means the institution named Fife College being a college of further education prescribed under section 11(1) of the 1992 Actf5;

  • “the Fife College Board” means the Board of Management of Fife College established as a body corporate by section 11(2) of the 1992 Act, which is a charity entered in the Scottish Charity Register, charity number SC021203;

  • “Fife College of Further and Higher Education” means the institution named Fife College of Further and Higher Education being a college of further education prescribed under section 11(1) of the 1992 Actf6;

  • “the Fife College of Further and Higher Education Board” means the Board of Management of Fife College of Further and Higher Education established as a body corporate by section 11(2) of the 1992 Act;

  • “Forth Valley” means the institution named Forth Valley College of Further and Higher Education being a college of further education prescribed under section 11(1) of the 1992 Actf7;

  • “the Forth Valley Board” means the Board of Management of Forth Valley College of Further and Higher Education established as a body corporate by section 11(2) of the 1992 Act, which is a charity entered in the Scottish Charity Register, charity number SC021191;

  • “Glasgow Building” means the institution named Glasgow College of Building and Printing being a college of further education prescribed under section 11(1) of the 1992 Actf8;

  • “the Glasgow Building Board” means the Board of Management of Glasgow College of Building and Printing established as a body corporate by section 11(2) of the 1992 Act;

  • “Glasgow Food” means the institution named Glasgow College of Food Technology being a college of further education prescribed under section 11(1) of the 1992 Actf9;

  • “the Glasgow Food Board” means the Board of Management of Glasgow College of Food Technology established as a body corporate by section 11(2) of the 1992 Act;

  • “Glasgow Nautical” means the institution named Glasgow College of Nautical Studies being a college of further education prescribed under section 11(1) of the 1992 Actf10;

  • “the Glasgow Nautical Board” means the Board of Management of Glasgow College of Nautical Studies established as a body corporate by section 11(2) of the 1992 Act;

  • “Glenrothes” means the institution named Glenrothes College being a college of further education prescribed under section 11(1) of the 1992 Actf11;

  • “the Glenrothes Board” means the Board of Management of Glenrothes College established as a body corporate by section 11(2) of the 1992 Act; and

  • “instrument” does not include enactment.

3Transfer from Central College Glasgow

(1)

All property, rights, liabilities and obligations of the Central College Board are, to the extent not already transferred, transferred to and vested in the City of Glasgow Board.

(2)

Any reference to Central College and the Central College Board in any instrument is to be construed as a reference to either City of Glasgow or the City of Glasgow Board as may be appropriate.

(3)

Any action or proceeding by or against the Central College Board pending or current, immediately before this Order comes into force, may be continued by or against the City of Glasgow Board.

4Closure of Central College Glasgow

Central College is closed and the Central College Board is wound up and dissolved.

5Transfer from Clackmannan College of Further Education

(1)

All property, rights, liabilities and obligations of the Clackmannan Board are, to the extent not already transferred, transferred to and vested in the Forth Valley Board.

(2)

Any reference to Clackmannan and the Clackmannan Board in any instrument is to be construed as a reference to either Forth Valley or the Forth Valley Board as may be appropriate.

(3)

Any action or proceeding by or against the Clackmannan Board pending or current, immediately before this Order comes into force, may be continued by or against the Forth Valley Board.

6Closure of Clackmannan College of Further Education

Clackmannan is closed and the Clackmannan Board is wound up and dissolved.

7Transfer from Fife College of Further and Higher Education

(1)

All property, rights, liabilities and obligations of the Fife College of Further and Higher Education Board are, to the extent not already transferred, transferred to and vested in the Fife College Board.

(2)

Any reference to Fife College of Further and Higher Education and the Fife College of Further and Higher Education Board in any instrument is to be construed as a reference to either Fife College or the Fife College Board as may be appropriate.

(3)

Any action or proceeding by or against the Fife College of Further and Higher Education Board pending or current, immediately before this Order comes into force, may be continued by or against the Fife College Board.

8Closure of Fife College of Further and Higher Education

Fife College of Further and Higher Education is closed and the Fife College of Further and Higher Education Board is wound up and dissolved.

9Transfer from Glasgow College of Building and Printing

(1)

All property, rights, liabilities and obligations of the Glasgow Building Board are, to the extent not already transferred, transferred to and vested in the City of Glasgow Board.

(2)

Any reference to Glasgow Building and the Glasgow Building Board in any instrument is to be construed as a reference to either City of Glasgow or the City of Glasgow Board as may be appropriate.

(3)

Any action or proceeding by or against the Glasgow Building Board pending or current, immediately before this Order comes into force, may be continued by or against the City of Glasgow Board.

10Closure of Glasgow College of Building and Printing

Glasgow Building is closed and the Glasgow Building Board is wound up and dissolved.

11Transfer from Glasgow College of Food Technology

(1)

All property, rights, liabilities and obligations of the Glasgow Food Board are, to the extent not already transferred, transferred to and vested in the City of Glasgow Board.

(2)

Any reference to Glasgow Food and the Glasgow Food Board in any instrument is to be construed as a reference to either City of Glasgow or the City of Glasgow Board as may be appropriate.

(3)

Any action or proceeding by or against the Glasgow Food Board pending or current, immediately before this Order comes into force, may be continued by or against the City of Glasgow Board.

12Closure of Glasgow College of Food Technology

Glasgow Food is closed and the Glasgow Food Board is wound up and dissolved.

13Transfer from Glasgow College of Nautical Studies

(1)

All property, rights, liabilities and obligations of the Glasgow Nautical Board are, to the extent not already transferred, transferred to and vested in the City of Glasgow Board.

(2)

Any reference to Glasgow Nautical and the Glasgow Nautical Board in any instrument is to be construed as a reference to either City of Glasgow or the City of Glasgow Board as may be appropriate.

(3)

Any action or proceeding by or against the Glasgow Nautical Board pending or current, immediately before this Order comes into force, may be continued by or against the City of Glasgow Board.

14Closure of Glasgow College of Nautical Studies

Glasgow Nautical is closed and the Glasgow Nautical Board is wound up and dissolved.

15Transfer from Glenrothes College

(1)

All property, rights, liabilities and obligations of the Glenrothes Board are, to the extent not already transferred, transferred to and vested in the Fife College Board.

(2)

Any reference to Glenrothes and the Glenrothes Board in any instrument is to be construed as a reference to either Fife College or the Fife College Board as may be appropriate.

(3)

Any action or proceeding by or against the Glenrothes Board pending or current, immediately before this Order comes into force, may be continued by or against the Fife College Board.

16Closure of Glenrothes College

Glenrothes is closed and the Glenrothes Board is wound up and dissolved.

17Property provided with grant aid

Where the Grant-aided Colleges (Scotland) Grant Regulations 1989f1 applied in respect of any land and buildings immediately before they were transferred by this Order, those Regulations apply—

(a)

to the City of Glasgow Board in respect of land and buildings transferred by articles 3, 9, 11 and 13;

(b)

to the Fife College Board in respect of land and buildings transferred by articles 7 and 15; and

(c)

to the Forth Valley Board in respect of land and buildings transferred by article 5.

Signature

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

17th December 2013

Explanatory note

(This note is not part of the Order)

On 22nd February 2014 the following colleges (“the closing colleges”) will cease to exist—

  • Central College Glasgow

  • Clackmannan College of Further Education

  • Fife College of Further and Higher Education

  • Glasgow College of Building and Printing

  • Glasgow College of Food Technology

  • Glasgow College of Nautical Studies

  • Glenrothes College

This Order transfers the whole property, rights, liabilities and obligations of the Boards of Management of the closing colleges to other colleges of further education (articles 3, 5, 7, 9, 11, 13 and 15). It makes consequential provision regarding property provided with the aid of a grant (article 17). It provides for the closing colleges to be closed and their Boards of Management to be wound up and dissolved (articles 4, 6, 8, 10, 12, 14 and 16).