The Lincolnshire College of Art and Design and Lincolnshire College of Agriculture and Horticulture (Dissolution) Order 1994 No. 1830


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United Kingdom Statutory Instruments


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Statutory Instruments

1994 No. 1830

EDUCATION, ENGLAND AND WALES

The Lincolnshire College of Art and Design and Lincolnshire College of Agriculture and Horticulture (Dissolution) Order 1994

Made

11th July 1994

Laid before Parliament

11th July 1994

Coming into force

1st August 1994

Whereas in accordance with section 51(1)(c) and 51(2)(a) of the Further and Higher Education Act 1992(1)("the Act") and regulations 3 and 4 of the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) Regulations 1992(2)("the Regulations") the Further Education Funding Council for England ("the Council") has published a draft of a proposal for the dissolution by the Secretary of State under section 27 of the Act of the further education corportions known as Lincolnshire College of Art and Design and Lincolnshire College of Agriculture and Horticulture(3)("the Colleges");

Whereas in accordance with section 51(1)(c) and 51(2)(b) of the Act and regulation 5 of the Regulations the Council has considered representations about the draft proposal and in accordance with section 51(1)(c) and 51(2)(c) of the Act has sent copies of the draft and representations to the Secretary of State for Education;

And whereas pursuant to the draft proposal the Council has proposed the dissolution of the Colleges by the Secretary of State under section 27 of the Act;

Now therefore in exercise of the power conferred on him by section 27 of the Act the Secretary of State for Education after consulting the Colleges and with the consent of the higher education corporation known as De Montfort University(4)("the University") hereby makes the following Order:

1. This Order may be cited as The Lincolnshire College of Art and Design and Lincolnshire College of Agriculture and Horticulture (Dissolution) Order 1994 and shall come into force on 1st August 1994.

2. On 1st August 1994 the Colleges shall be dissolved and all of their property, rights and liabilities shall be transferred to the University, being a body corporate established for purposes which include the provision of educational facilities or services.

3. Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Colleges immediately before 1st August 1994 as if the references in that section-

(a)to a person to whom that section applies were to a person so employed;

(b)to the operative date were to 1st August 1994;

(c)to the transferor were to the Colleges; and

(d)to the corporation were to the University.

John Patten

Secretary of State for Education

11th July 1994

Explanatory Note

(This note is not part of the Order)

This Order dissolves the further education corporations established to conduct Lincolnshire College of Ar and Design and Lincolnshire College of Agriculture and Horticulture. It provides that the property, rights and liabilities of the colleges transfer to the De Montfort University and secures the rights of employees by applying section 26(2) to (4) of the Further and Higher Education Act 1992.

(2)

S.I. 1992/2361.

(3)

Established under section 15 of the Act by the Education (Further Education Corporations) Order 1992 (S.I.1992/2097).

(4)

Established under section 121 of the Education Reform Act 1988 (c. 40) by The Education (Higher Education Corporations) Order 1988 (S.I. 1988/1799).


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URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19941830_en.html