The Assigned Colleges (University of the Highlands and Islands) Order 2018

Draft Order laid before the Scottish Parliament under section 34(4)(bd) of the Further and Higher Education (Scotland) Act 2005 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2018 No.

Education

The Assigned Colleges (University of the Highlands and Islands) Order 2018

Made

2018

Coming into force

5th December 2018

The Scottish Ministers make the following order in exercise of the powers conferred by sections 7C(1) and 34(2) of the Further and Higher Education (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 7C(2) of that Act, the Scottish Further and Higher Education Funding Council has proposed the assignation of Argyll College UHI Ltd. (“the college”) to the University of the Highlands and Islands.

In accordance with section 7C(6) of that Act, the Scottish Ministers have consulted the University of Highlands and Islands, the college, the representatives of any trade union which is recognised by the college or which otherwise appears to the Scottish Ministers to be representative of the college’s staff, the college’s students’ associations, the Scottish Further and Higher Education Funding Council, the local authority for the area in which the college is situated, and any other person appearing to them as likely to be affected by the Order.

In accordance with section 34(4)(bd)(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Assigned Colleges (University of the Highlands and Islands) Order 2018 and comes into force on 5 December 2018.

Assignation

2.—(1) Argyll College UHI Ltd.(3) is assigned to the University of Highlands and Islands(4).

(2) Argyll College UHI Ltd. is to remain assigned to the University of Highlands and Islands notwithstanding any change of name of Argyll College UHI Ltd.

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order assigns Argyll College UHI Ltd. to the University of Highlands and Islands which is a regional strategic body under section 7B(1) and Part 2 of schedule 2A of the Further and Higher Education (Scotland) Act 2005. Article 2(2) provides that Argyll College UHI Ltd. remains assigned notwithstanding any change of name of the college of further education.

(1)

2005 asp 6 (“the 2005 Act”). Section 7C was inserted by section 8(3) of the Post-16 Education (Scotland) Act 2013 (asp 12) (“the 2013 Act”).

(2)

Section 34(4)(bd) was inserted by schedule 1, paragraph 8(22)(c) of the 2013 Act.

(3)

Argyll College UHI Ltd. is a company limited by guarantee registered in Scotland with company number SC172157. It is the governing body of Argyll College and is a “college of further education” within the meaning of section 35(1) of the 2005 Act, as amended by paragraph 8(23)(a)(i) of schedule 1 of the 2013 Act.

(4)

The University of Highlands and Islands is a regional strategic body by virtue of section 7B(1) and schedule 2A of the 2005 Act (as inserted by section 8(1) and (2) of the 2013 Act) with effect from 1 August 2014 by virtue of S.S.I. 2014/144.