The Adam Smith College, Fife (Transfer and Closure) Order 2013

JurisdictionScotland
CitationSSI 2013/179

2013 No. 179

Education

The Adam Smith College, Fife (Transfer and Closure) 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 The Adam Smith College, Fife 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 Carnegie College has consented to the transfer and vesting of property, rights, liabilities and obligations provided for in this Order.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Adam Smith College, Fife (Transfer and Closure) Order 2013 and comes into force on 1st August 2013.

S-2 Interpretation

Interpretation

2. In this Order—

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

“Adam Smith” means the institution named The Adam Smith College, Fife being a college of further education established under section 3 of the 1992 Act2;

“the Adam Smith Board” means the Board of Management of The Adam Smith College, Fife established under section 3 of the 1992 Act;

“Carnegie” means the institution named Carnegie College being a college of further education prescribed under section 11(1) of the 1992 Act3;

“the Carnegie Board” means the Board of Management of Carnegie 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 SC021182; and

“enactment” has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 20104.

S-3 Transfer of property, rights, liabilities and obligations

Transfer of property, rights, liabilities and obligations

3.—(1) All property, rights, liabilities and obligations of the Adam Smith Board are transferred to and vested in the Carnegie Board.

(2) Any reference to Adam Smith and the Adam Smith Board in any instrument is to be construed as a reference to either Carnegie or the Carnegie Board as may be appropriate.

(3) Any action or proceeding by or against the Adam Smith Board pending or current, immediately before this Order comes into force, may be continued by or against the Carnegie Board.

(4) For the purposes of this article, “instrument” does not include enactment.

S-4 Property provided with grand aid

Property provided with grand aid

4. Where the Grant-aided Colleges (Scotland) Grant Regulations 19895applied to the Adam Smith Board in respect of any land or buildings immediately before they were transferred by this Order, those Regulations apply to the Carnegie Board in...

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