The Cumbernauld College (Transfer and Closure) (Scotland) Order 2013

JurisdictionScotland
CitationSSI 2013/269

2013 No. 269

Education

The Cumbernauld College (Transfer and Closure) (Scotland) Order 2013

Made 12th September 2013

Laid before the Scottish Parliament 17th September 2013

Coming into force 1st November 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 Cumbernauld 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 Motherwell 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 Cumbernauld College (Transfer and Closure) (Scotland) Order 2013 and comes into force on 1st November 2013.

S-2 Interpretation

Interpretation

2. In this Order—

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

“Cumbernauld” means the institution named Cumbernauld College being a college of further education prescribed under section 11(1) of the 1992 Act2;

“the Cumbernauld Board” means the Board of Management of Cumbernauld College 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 20103;

“Motherwell” means the institution named Motherwell College being a college of further education prescribed under section 11(1) of the 1992 Act4; and

“the Motherwell Board” means the Board of Management of Motherwell 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 SC021206.

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 Cumbernauld Board are transferred to and vested in the Motherwell Board.

(2) Any reference to Cumbernauld or the Cumbernauld Board in any instrument is to be construed as a reference to either Motherwell or the Motherwell Board as may be appropriate.

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

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