The Designation of Institutions of Higher Education (Scotland) Order 1992

1.  In the Grant-aided Colleges (Compensation) (Scotland) Regulations 1977(1)—

(a) in regulation 2(1)—

(i) the definitions of “central institution,” “college of education” and “grant-aided college” are hereby revoked;

(ii) at the appropriate place there shall be inserted the following definition:—

““designated institution” has the meaning given by section 44(2) of the Further and Higher Education (Scotland) Act 1992;”;and

(iii) in the definition of “educational establishment” for the words from “section 145(17)” to “Act of 1969” there shall be substituted the words “section 135(1) of the Education (Scotland) Act 1980(2)”; and

(b) for the words “grant-aided college” wherever they occur, other than in regulation 1, there shall be substituted the words “designated institution”.

2. In the Schedule to the Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 1978(3) for the entry “The Managers, Governors or other Body responsible for the management of a central institution or college of education as defined in the Education (Scotland) Act 1962.” there shall be substituted the entry “The managers, governors or other body responsible for the management of a central institution as defined in section 135(1) of the Education (Scotland) Act 1980 or a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992.”.

3. In the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979(4)—

(a) in regulation 3, in the definition of “educational establishment”, the letter “(g)” is hereby revoked;

(b) in regulation 21(1), the letter “(g)” is hereby revoked;

(c) in regulation 21(3), for sub-paragraph (a) there shall be substituted the following sub-paragraph:—

“(a) the date of closure of an educational establishment referred to in paragraph (f) of Schedule 1 shall be the date with effect from which the governing body of the establishment is dissolved by an Order made by virtue of section 47 of the Further and Higher Education (Scotland) Act 1992, and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 20(1) of these Regulations, and”; and

(d) in Schedule 1, for paragraphs (f) and (g) there shall be substituted the following paragraph:—

“(f) the governing body of a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”.

4. In the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980(5)—

(a) in regulation 3, in the definition of “educational establishment”, the letter “(c)” is hereby revoked;

(b) in regulation 20(1), the letter “(c)” is hereby revoked;

(c) in regulation 20(3), for sub-paragraph (a) there shall be substituted the following sub-paragraph:—

“(a) the date of closure of an educational establishment referred to in paragraph (b) of Schedule 4 shall be the date with effect from which the governing body of the establishment is dissolved by an Order made by virtue of section 47 of the Further and Higher Education (Scotland) Act 1992, and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 19 of these Regulations, and”; and

(d) in Schedule 4, for paragraphs (b) and (c) there shall be substituted the following paragraph:—

“(b) the governing body of a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992;”.

(1)

S.I. 1977/1777, amended by S.I. 1981/1054.

(2)

1980 c. 44; the definition of “educational establishment” in section 135(1) of the Education (Scotland) Act 1980 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 11 and by the Further and Higher Education (Scotland) Act 1992, Schedule 9, paragraph 7(7) and Schedule 10.

(3)

S.I. 1978/1761.

(4)

S.I. 1979/785; relevant amending instrument is S.I. 1982/917.

(5)

S.I. 1980/1254; relevant amending instrument is S.I. 1982/918.