The John Wheatley College and Stow College (Transfer and Closure) (Scotland) Order 2013

JurisdictionScotland
CitationSSI 2013/270

2013 No. 270

Education

The John Wheatley College and Stow 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 each of John Wheatley College and Stow 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 North Glasgow 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 John Wheatley College and Stow 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;

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

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

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

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

“the North Glasgow Board” means the Board of Management of North Glasgow 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 SC021207;

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

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

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 John Wheatley Board and the Stow Board are transferred to and vested in the North Glasgow Board.

(2) Any reference to John Wheatley, the John Wheatley Board, Stow or the Stow Board in any instrument is to be construed as a reference to either North Glasgow or the North Glasgow Board as may be appropriate.

(3) Any action or proceeding by or against the John Wheatley Board or the...

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