2. In section 47 of the Further and Higher Education (Scotland) Act 1992(1)–
(a)after subsection (1) insert–
“(1ZA) But where this section forms part of the constitution of a designated institution established by enactment an order under subsection (1) may not be made to close that institution and wind-up its governing body unless the governing body of the institution consents to such closure and winding up.”; and
(b)after subsection (10) insert–
“(11) In subsection (1ZA), “constitution” has the meaning given by section 106 of the Charities and Trustee Investment (Scotland) Act 2005.”.
1992 (c. 37). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).