The Jewel and Esk College and Stevenson College Edinburgh (Transfer and Closure) (Scotland) Order 2012

JurisdictionScotland
CitationSSI 2012/238
Year2012

2012 No. 238

Education

The Jewel and Esk College and Stevenson College Edinburgh (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 Jewel and Esk College and Stevenson College Edinburgh 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 Edinburgh’s Telford 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 Jewel and Esk College and Stevenson College Edinburgh (Transfer and Closure) (Scotland) Order 2012 and comes into force on 1st October 2012.

S-2 Interpretation

Interpretation

2. In this Order—

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

“enactment” has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 20102;

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

“the Jewel and Esk Board” means the Board of Management of Jewel and Esk College established as a body corporate by section 11(2) of the 1992 Act;

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

“the Stevenson Board” means the Board of Management of Stevenson College Edinburgh established as a body corporate by section 11(2) of the 1992 Act;

“Telford” means the institution named Edinburgh’s Telford College being a college of further education prescribed under section 11(1) of the 1992 Act5; and

“the Telford Board” means the Board of Management of Edinburgh’s Telford 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 SC021213.

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 each of the Jewel and Esk Board and the Stevenson Board are transferred to and vested in the Telford Board.

(2) Any references to Jewel and Esk, the Jewel and Esk Board, Stevenson or the Stevenson Board in any instrument is to be construed as a reference to either Telford or the Telford Board as may be appropriate.

(3) Any action or proceeding by or against any or either the Jewel and Esk Board and the Stevenson Board pending or current, immediately before this Order comes into force, may be continued by or against the Telford Board.

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

S-4 Property provided with...

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