Title and Commencement

1. The title of this Order is the Welsh College of Horticulture (Dissolution) Order 2009 and comes into force on 1 August 2009.

Dissolution and ransfer

2. On 1 August 2009 WCoH is dissolved and–

(a) all of WCoH´s property, rights and liabilities specified in Part 1 of the Schedule to this Order are transferred to Glyndŵr University, being a body corporate established for purposes which include the provision of educational facilities or services;

(b) all of WCoH´s property, rights and liabilities specified in Part 2 of the Schedule are transferred to Glyndŵr University and Deeside College to hold on trust for themselves as tenants in common in equal shares and on trust to be used for charitable purposes which are exclusively educational purposes;

(c) all other property, rights and liabilities of WCoH not included in paragraphs (a) and (b) of this Article are transferred to Deeside College.

Transfer of Staff

3. Section 26(2), (3) and (4) of the Act applies to any person employed by WCoH immediately before 1 August 2009 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 1 August 2009;

(c) to the transferor were to WCoH;

(d) to the corporation were to Deeside College, save in relation to those employees designated in Part 3 of the Schedule ("the Part 3 Employees");

(e) to the corporation in relation to the Part 3 Employees were to Glyndŵr University.

Articles 2 and 3

SCHEDULE

PART 1 Property, Rights and Liabilities transferring to Glyndŵr University

1. The benefit subject to the burden and all rights and liabilities arising from or in connection with an agreement made between (1) the Welsh College of Horticulture and (2) the University of Glamorgan dated 6 February 2007.

2. All interests and associated rights and liabilities of WCoH in land at Northop Flintshire which is more particularly delineated edged black and hatched on the plan attached to this Order being part of the land comprised in an agreement dated 31 October 2000 made between (1) The County Council of Flintshire (2) Education Transfer Council and (3) Welsh College of Horticulture and the buildings thereon.

3. All other property, rights and liabilities of WCoH used, enjoyed and incurred by it exclusively to deliver higher education and associated services from the land and premises described above or arising from them [or otherwise].

PART 2 Property, Rights and Liabilities transferring to Deeside College and Glyndŵr University

4. All interests and associated rights and liabilities of WCoH in land at Northop Flintshire which is more particularly delineated edged black and cross hatched on the plan attached to this Order being part of the land comprised in an agreement dated 31 October 2000 made between (1) The County Council of Flintshire (2) Education Transfer Council and (3) Welsh College of Horticulture including the whole of the land registered at the and Registry, Wales Office under title number CYM12524 and the whole of the land registered at the and Registry, Wales Office under title number WA613240.

5. All other property, rights and liabilities of WCoH used, enjoyed or incurred by it to deliver further and higher education and associated services from the land described above or arising from it.

PART 3 Employees transferring to Glyndŵr University

Richard Martin Lewis

Mark Birtles Simkin

David Skidmore

Peter Edward Styles

Nicola Sweeting

Angela Winstanley

Tamsin Jane Young

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Explanatory Note

(This note is not part of the Order)

This Order dissolves with effect from 1 August 2009 the further education corporation established to conduct the Welsh College of Horticulture. It provides for the transfer of its property, rights and liabilities to Deeside College and Glyndŵr University and certain other property, rights and liabilities which will be transferred to Deeside College and Glyndŵr University to hold for educational purposes. The Order secures the rights of the corporation´s employees by applying section 26(2) to (4) of the Further and Higher Education Act 1992.

A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.