The Kilmarnock College (Transfer and Closure) (Scotland) Order 2013
2013 No. 182
Education
The Kilmarnock College (Transfer and Closure) (Scotland) Order 2013
Made 29th May 2013
Laid before the Scottish Parliament 31th May 2013
Coming into force 1st August 2013
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 19921and of 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 Kilmarnock College is 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 Ayr College has consented to the transfer and vesting of property, rights, liabilities and obligations provided for in this Order.
Citation and commencement
1. This Order may be cited as the Kilmarnock College (Transfer and Closure) (Scotland) Order 2013 and comes into force on 1st August 2013.
Interpretation
2. In this Order—
“the 1992 Act” means the Further and Higher Education (Scotland) Act 1992;
“Ayr” means the institution named Ayr College being a college of further education prescribed under section 11(1) of the 1992 Act2;
“the Ayr Board” means the Board of Management of Ayr 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 SC021177;
“enactment” has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 20103;
“Kilmarnock” means the institution named Kilmarnock College being a college of further education prescribed under section 11(1) of the 1992 Act4; and
“the Kilmarnock Board” means the Board of Management of Kilmarnock College established as a body corporate by section 11(2) of the 1992 Act.
Transfer of property, rights, liabilities and obligations
3.—(1) All property, rights, liabilities and obligations of the Kilmarnock Board are transferred to and vested in the Ayr Board.
(2) Any reference to Kilmarnock or the Kilmarnock Board in any instrument is to be construed as a reference to either Ayr or the Ayr Board as may be appropriate.
(3) Any action or proceeding by or against the Kilmarnock Board pending or current, immediately before this Order comes into force, may be continued by or against the Ayr Board.
(4) For the purposes of this...
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