The Elmwood College, Oatridge College and The Barony College (Transfer and Closure) (Scotland) Order 2012
| Jurisdiction | Scotland |
2012 No. 237
Education
The Elmwood College, Oatridge College and The Barony College (Transfer and Closure) (Scotland) Order 2012
Made 28th August 2012
Laid before the Scottish Parliament 30th August 2012
Coming into force 1st October 2012
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 each of Elmwood College, Oatridge College and The Barony 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 Scottish Agricultural 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 Elmwood College, Oatridge College and The Barony College (Transfer and Closure) (Scotland) Order 2012 and comes into force on 1st October 2012.
Interpretation
2. In this Order—
“the 1992 Act” means the Further and Higher Education (Scotland) Act 1992;
“Barony” means the institution named The Barony College being a college of further education prescribed under section 11(1) of the 1992 Act2;
“the Barony Board” means the Board of Management of The Barony College established as a body corporate by section 11(2) of the 1992 Act;
“Elmwood” means the institution named Elmwood College being a college of further education prescribed under section 11(1) of the 1992 Act3;
“the Elmwood Board” means the Board of Management of Elmwood 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 20104;
“Oatridge” means the institution named Oatridge College being a college of further education prescribed under section 11(1) of the 1992 Act5;
“the Oatridge Board” means the Board of Management of Oatridge College established as a body corporate by section 11(2) of the 1992 Act; and
“The Scottish Agricultural College” means The Scottish Agricultural College, a charitable company limited by guarantee registered in Scotland with company number SC103046 and charity number SC003712, having its registered office at West Mains Road, Edinburgh EH9 3JG and being an institution designated under section 44 of the 1992 Act6.
Transfer of property, rights, liabilities and obligations
3.—(1) All property, rights, liabilities and obligations of each of the Barony Board, the Elmwood Board and the Oatridge Board are transferred to and vested in The Scottish Agricultural College.
(2) Any references to Barony, the Barony Board, Elmwood, the Elmwood Board, Oatridge or the Oatridge Board in any instrument are to be construed as a reference to The Scottish Agricultural College.
(3) Any action or proceeding by or against any or all of the Barony Board, the Elmwood Board, and the Oatridge Board pending or current, immediately before this Order comes into force, may be continued by or against The...
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