The Leeds College of Music (Dissolution) Order 2011

Statutory Instruments

2011 No. 1677

Education, England

The Leeds College of Music (Dissolution) Order 2011

Made

7th July 2011

Laid before Parliament

8th July 2011

Coming into force

1st August 2011

The Secretary of State for Business, Innovation and Skills makes the following Order in exercise of the powers conferred by section 128 of the Education Reform Act 1988(1).

The Leeds College of Music Limited(2) which is an educational charity, has consented to be the recipient of a transfer of the property, rights and liabilities of the higher education corporation known as Leeds College of Music(3).

In accordance with section 128(4) of that Act the Secretary of State has consulted Leeds College of Music and the Higher Education Funding Council for England.(4).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Leeds College of Music (Dissolution) Order 2011 and comes into force on 1st August 2011.

(2) In this Order , “Leeds College of Music” means the higher education corporation known as Leeds College of Music.

Dissolution of Leeds College of Music Higher Education Corporation

2.—(1) Leeds College of Music is dissolved on 1st August 2011 and all of its property, rights and liabilities are transferred to Leeds College of Music Limited.

(2) Sections 127(2), (3) and (4) of the Education Reform Act 1988 apply to any person employed by Leeds College of Music immediately before 1st August 2011 as if reference in that section to—

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

(b) the transfer date were to 1st August 2011;

(c) the transferor authority were to Leeds College of Music, and

(d) the corporation were to Leeds College of Music Limited.

David Willetts

Minister of State

Department for Business, Innovation and Skills

Date 7th July 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order dissolves the higher education corporation known as Leeds College of Music on 1^st August 2011.

This Order provides for all property, rights and liabilities to which Leeds College of Music was entitled or subject immediately before its dissolution to be transferred to Leeds College of Music Limited.

This Order also makes provision for section 127 of the Education Reform Act 1988 to apply in relation to persons who were employed by Leeds College of Music immediately before 1st August 2011.

An Impact Assessment has not been prepared for this instrument because it has no impact on the costs of business.

(1)

1988 c40: Section 128 was amended by the Further and Higher Education Act 1992 (c.13), Schedule 8, paragraph 34; the Charities Act 1993 (c.10), Schedule 6, paragraph 30 and the Learning and Skills Act 2000 (c.21), Schedule 9, paragraph 16.; SI 2010/1080 Schedule 1 , Part 1, paragraphs 15,16(a) By virtue of S.I. 1999/672, the power in section 128 is exercisable by the Secretary of State only in relation to England.

(2)

Incorporated as a company limited by guarantee on 7 April 2011 company number 7596410.

(3)

Established as a higher education corporation on 1st August 2005 when it transferred from the further education sector under section 122A of the Education Reform Act 1988 by SI 2005/1792.

(4)

The reference to the “higher education funding council” in section 128 (4) of the Education Reform Act 1988 is to be read as a reference to the Higher Education Funding Council for England in accordance with section 62 (6) of the Further and Higher Education Act 1992 (c.13).