OpenLegislation

The Designation of Institutions of Higher Education (Scotland) Order 1992

S.I. 1992/1025 · Made 25 April 1992

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, SCOTLAND

Made 25th April 1992

Laid before Parliament 27th April 1992

Coming into force 16th May 1992

The Secretary of State, in exercise of the powers conferred on him by sections 44 and 60 of the Further and Higher Education (Scotland) Act 1992f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1992 c. 37.

Contents

  1. 1Citation and commencement
  2. 2Designation of institutions
  3. 3Amendment of subordinate legislation
  4. Signature
  5. Schedule: AMENDMENT OF SUBORDINATE LEGISLATION
  6. 1Paragraph 1
  7. 5Paragraph 5
  8. 6Paragraph 6
  9. 7Paragraph 7
  10. 8Paragraph 8
  11. 9Paragraph 9
  12. 10Paragraph 10
  13. 11Paragraph 11
  14. 12Paragraph 12
  15. 13Paragraph 13
  16. 14Paragraph 14
  17. 15Paragraph 15
  18. 16Paragraph 16
  19. Explanatory note

1Citation and commencement

This Order may be cited as the Designation of Institutions of Higher Education (Scotland) Order 1992 and shall come into force on 16th May 1992.

2Designation of institutions

The following institutions are hereby designated as institutions eligible to receive support from funds administered by the Scottish Higher Education Funding Council:—

  • Craigie College of Education,

  • Duncan of Jordanstone College of Art,

  • Dundee Institute of Technology,

  • Edinburgh College of Art,

  • Glasgow Polytechnic,

  • Jordanhill College of Education,

  • Moray House College of Education,

  • Napier Polytechnic of Edinburgh,

  • Northern College of Education,

  • Paisley College of Technology,

  • Queen Margaret College, Edinburgh,

  • Scottish College of Textiles,

  • St. Andrew’s College of Education,

  • The Glasgow School of Art,

  • The Queen’s College, Glasgow,

  • The Robert Gordon Institute of Technology, and

  • The Royal Scottish Academy of Music and Drama.

3Amendment of subordinate legislation

The provisions of the subordinate legislation specified in the Schedule to this Order are hereby amended as stated therein.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

25th April 1992

1

In the Grant-aided Colleges (Compensation) (Scotland) Regulations 1977f1—

(a)

in regulation 2(1)—

(i)

the definitions of “central institution,” “college of education” and “grant-aided college” are hereby revoked;

(ii)

at the appropriate place there shall be inserted the following definition:—

““designated institution” has the meaning given by section 44(2) of the Further and Higher Education (Scotland) Act 1992;”;and

(iii)

in the definition of “educational establishment” for the words from “section 145(17)” to “Act of 1969” there shall be substituted the words “section 135(1) of the Education (Scotland) Act 1980f2”; and

(b)

for the words “grant-aided college” wherever they occur, other than in regulation 1, there shall be substituted the words “designated institution”.

2.

In the Schedule to the Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 1978f3 for the entry “The Managers, Governors or other Body responsible for the management of a central institution or college of education as defined in the Education (Scotland) Act 1962.” there shall be substituted the entry “The managers, governors or other body responsible for the management of a central institution as defined in section 135(1) of the Education (Scotland) Act 1980 or a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992.”.

3.

In the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979f4—

(a)

in regulation 3, in the definition of “educational establishment”, the letter “(g)” is hereby revoked;

(b)

in regulation 21(1), the letter “(g)” is hereby revoked;

(c)

in regulation 21(3), for sub-paragraph (a) there shall be substituted the following sub-paragraph:—

“(a)

the date of closure of an educational establishment referred to in paragraph (f) of Schedule 1 shall be the date with effect from which the governing body of the establishment is dissolved by an Order made by virtue of section 47 of the Further and Higher Education (Scotland) Act 1992, and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 20(1) of these Regulations, and”; and

(d)

in Schedule 1, for paragraphs (f) and (g) there shall be substituted the following paragraph:—

“(f)

the governing body of a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”.

4.

In the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980f5—

(a)

in regulation 3, in the definition of “educational establishment”, the letter “(c)” is hereby revoked;

(b)

in regulation 20(1), the letter “(c)” is hereby revoked;

(c)

in regulation 20(3), for sub-paragraph (a) there shall be substituted the following sub-paragraph:—

“(a)

the date of closure of an educational establishment referred to in paragraph (b) of Schedule 4 shall be the date with effect from which the governing body of the establishment is dissolved by an Order made by virtue of section 47 of the Further and Higher Education (Scotland) Act 1992, and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 19 of these Regulations, and”; and

(d)

in Schedule 4, for paragraphs (b) and (c) there shall be substituted the following paragraph:—

“(b)

the governing body of a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”.

5

In the Scottish Examination Board Regulations 1981f1—

(a)

after the definition of “the Board” in regulation 2(1) there shall be inserted the following definition:—

““designated institution” means a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland ) Act 1992;”; and

(b)

in regulation 6(2) for the words “Central Institutions” there shall be substituted the words “Central institution and designated institutions other than colleges of education”.

6

In regulation 4 of the Education (Fees and Awards) (Scotland) Regulations 1983f1—

(a)

in paragraph (1) for the words from “central institution” to “Act 1983” there shall be substituted the words “designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992”; and

(b)

in paragraph (2) the definitions of “central institution” and “college of education” are hereby revoked.

7

In regulation 2(1) of the Colleges of Education (Scotland) Regulations 1987f1 in the definition of “higher academic staff” for the words “a central institution”, there shall be substituted the words “a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992 other than a college”.

8

In the Central Institutions (Scotland) Regulations 1988f1—

(a)

for the words “central institution” wherever they occur, other than in regulation 1, there shall be substituted the words “designated institution”; and

(b)

in regulation 2(1)—

(i)

the definition of “central institution” is hereby revoked;

(ii)

after the definition of “core membership” there shall be inserted the following definition:—

““designated institution” means a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992 which was designated as such by the Designation of Institutions of Higher Education (Scotland) Order 1992 and which immediately before the coming into force of that order was a central institution;”; and

(iii)

for the definition of “institution” there shall be substituted the following definition:—

““institution” means a designated institution;”.

9

In the Personal Community Charge (Students) (Scotland) Regulations 1989f1—

(a)

in regulation 3(a), for sub-paragraph (iii) there shall be substituted the following sub-paragraph:—

“(iii)

a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”; and

(b)

in paragraph 1(b) of the Schedule, after the words “a central institution,” there shall be inserted the words “a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992,”.

10

In the Personal Community Charge (Exemptions) (Scotland) Regulations 1989f1—

(a)

in regulation 2, in the definition of “educational establishment”, for sub-paragraph (iii) there shall be substituted the following sub-paragraph:—

“(iii)

a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”; and

(b)

in paragraph 1(b) of Schedule 2, after the words “a central institution,” there shall be inserted the words “a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992,”.

11

In the Grant-aided Colleges (Scotland) Grant Regulations 1989f1—

(a)

for the words “grant aided college” or “college”, and “grant-aided colleges” wherever they occur, other than in regulations 1 and 9(2), there shall be substituted the words “designated institution” and “designated institutions” respectively;

(b)

in regulation 2—

(i)

before the definition of “financial year” there shall be inserted the following definition—

““designated institution” has the meaning given by section 44(2) of the Further and Higher Education (Scotland) Act 1992;”;

(ii)

for the definition of “governing body” there shall be substituted the following definition:—

““governing body” has the meaning given in the Colleges of Education (Scotland) Regulations 1987 or the Central Institutions (Scotland) Regulations 1988 whichever of these applies to the designated institution;”; and

(iii)

the definition of “grant-aided college” is hereby revoked; and

(c)

after the words “grant-aided colleges” in regulation 9(2) there shall be inserted the words “as they were defined by section 77(5) of the Education (Scotland) Act 1980”.

12

In the Valuation for Rating (Decapitalisation Rate) (Scotland) Regulations 1990f1, in regulation 2(2), for sub-paragraph (d) there shall be substituted the following sub-paragraph:—

“(d)

a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”.

13

In the Education (Access Funds) (Scotland) Regulations 1990f1, for paragraph (b) of regulation 2 there shall be substituted the following paragraph:—

“(b)

a designated institution (within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992), to the managers of the institution;”.

14

In the Schedule to the Central Institutions (Recognition) (Scotland) (No.2) Regulations 1990f1 there are hereby revoked all the entries other than that relating to the Scottish Agricultural College.

15

In the Taxes (Relief for Gifts) (Designated Educational Establishments) Regulations 1992f1, in Part IV of the Schedule, for paragraph 2 there shall be substituted the following paragraph:—

“2

Any central institution or any designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992.”.

16

In the Teachers' Superannuation (Scotland) Regulations 1992f1, in paragraph 1 of Schedule 2, for the words “college of education,” there shall be substituted the words, “designated institution (within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992) or in a”.

Explanatory note

(This note is not part of the Order)

This Order designates the present 5 colleges of education and all the central institutions in Scotland, other than the Scottish Agricultural College, as institutions which may be funded by the Scottish Higher Education Funding Council; and makes consequential amendments to subordinate legislation.