The Education (Designated Institutions) (Amendment) Order 1989

This Statutory Instrument has been made in consequence of omissions in S.I. 1989/282 and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

1989 No. 2055

EDUCATION, ENGLAND AND WALES

The Education (Designated Institutions) (Amendment) Order 1989

Made

7th November 1989

Laid before Parliament

15th November 1989

Coming into force

6th December 1989

In exercise of the powers conferred by sections 129(1) and 130(1) (a) and (5) of the Education Reform Act 1988 (“the Act”)(1) the Secretary of State for Education and Science hereby makes the following Order:

1.  This Order may be cited as the Education (Designated Institutions) (Amendment) Order 1989 and shall come into force on 6th December 1989.

2.  The Education (Designated Institutions) Order 1989(2) is hereby amended by the deletion from Part I of the Schedule thereto of the following institutions –

• Camborne School of Mines

• Dartington College of Arts (Devon)

• Derbyshire College of Higher Education

• West London Institute of Higher Education

• West Sussex Institute of Higher Education.

3.—(1) Those institutions, being institutions which appear to the Secretary of State to fall within subsection (2) or (3) of section 129 of the Act, are hereby designated as institutions eligible to receive support from funds administered by the Polytechnics and Colleges Funding Council.

(2) Section 130 of the Act shall apply to those institutions.

4.  The persons who are trustees on 6th December 1989 of or under an instrument referred to in column 2 of the Schedule to this Order, being persons appearing to the Secretary of State to be trustees holding property for the purposes of the institution referred to in column 1 opposite the reference to the instrument, are hereby specified as the appropriate transferees in relation to that institution for the purposes of the said section 130.

Article 4

SCHEDULE

(1)	(2)
Institution	Instrument
Camborne School of Mines	Scheme dated 19th March 1969 made by the Secretary of State for Education and Science under section 18 of Charities Act 1960.
Dartington College of Arts (Devon)	Trust Deed dated 10th July 1970 made between L K Elmhirst (1), A O Elmhirst, M Young, P Sutcliffe, W K Elmhirst, M A Ash and R W Ash (2), with later variations.
Derbyshire College of Higher Education	Trust Deed dated 2nd December 1976 made by Derbyshire County Council, The Lord Bishop of Southwell, The Lord Bishop of Derby, The Archdeacon of Stafford and the Archdeacon of Nottingham.
West London Institute of Higher Education	Trust Deed dated 31st August 1978 made by the Mayor and Burgesses of the London Borough of Hounslow.
West Sussex Institute of Higher Education	Trust Deed dated 18th November 1976 made by The Lord Bishop of Chichester, The Archdeacon of Chichester, The Archdeacon of Lewes and Hastings, The Archdeacon of Horsham, E J F Green, C J Lucas, A B Haworth-Booth and D S W Blacker, with later variations.

John MacGregor

Secretary of State for Education and Science

7th November 1989

Explanatory Note

(This note is not part of the Order)

This Order corrects a defect in the Education (Designated Institutions) Order 1989 (S.I. 1989/282), which came into force on 1st April 1989. That Order designated certain institutions under section 129 of the Education Reform Act 1988 as eligible to receive funds administered by the Polytechnics and Colleges Funding Council, and applied section 130 of that Act to them.

Section 130 effects a transfer of property from a local education authority to a designated institution formerly assisted by the authority. In the case of an institution not conducted by a body corporate, the property transfers to persons specified in the Order as appropriate transferees.

The institutions to which S.I. 1989/282 and this Order apply are not conducted by bodies corporate, but S.I. 1989/282 omitted to specify persons to whom property of the formerly assisting local education authorities would transfer. This Order makes good those omissions.

(1)

1988 .40.

(2)

S.I. 1989/282.