Higher Education and Research Act 2017, Paragraph 16 is up to date with all changes known to be in force on or before 02 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
16E+WBefore section 128 insert—
(1)If requested to do so by notice given by a higher education corporation in England, the Secretary of State may make an order providing for—
(a)the dissolution of the corporation, and
(b)the transfer of property, rights and liabilities of the corporation to—
(i)a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;
(ii)a body corporate established for purposes which include the provision of such facilities or services;
(iii)the Office for Students.
(2)An order under this section must not provide for transferring the property, rights or liabilities of a higher education corporation in England to a person or body without the consent of the person or body.
(3)Subsection (4) applies where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes.
(4)Any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(5)Before making an order under this section the Secretary of State must consult the Office for Students.
(6)In this section “charitable purposes” has the meaning given by section 11 of the Charities Act 2011.
(7)An order under this section may apply section 127 with such modifications as the Secretary of State may consider necessary or desirable.”
Commencement Information
I1Sch. 8 para. 16 in force at 1.8.2019 by S.I. 2018/1226, reg. 4(o)
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