The Portsmouth College of Art, Design and Further Education (Dissolution) Order 1994

Statutory Instruments

1994 No. 1741

EDUCATION, ENGLAND AND WALES

The Portsmouth College of Art, Design and Further Education (Dissolution) Order 1994

Made

1st July 1994

Laid before Parliament

4th July 1994

Coming into force

1st August 1994

Whereas in accordance with section 51(1)(c) and 51(2)(a) of the Further and Higher Education Act 1992(1) (“the Act”) and regulations 3 and 4 of the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) Regulations 1992(2) (“the Regulations”) the Further Education Funding Council for England (“the Council”) has published a draft of a proposal for the dissolution by the Secretary of State under section 27 of the Act of the further education corporation known as Portsmouth College of Art, Design and Further Education(3) (“the College”);

Whereas in accordance with section 51(1)(c) and 51(2)(b) of the Act and regulation 5 of the Regulations the Council has considered representations about the draft proposal and in accordance with section 51(1)(c) and 51(2)(c) of the Act has sent copies of the draft and representations to the Secretary of State for Education;

And whereas pursuant to the draft proposal the Council has proposed the dissolution of the College by the Secretary of State under section 27 of the Act;

Now therefore in exercise of the power conferred on him by section 27 of the Act the Secretary of State for Education after consulting the College and with the consent of the higher education corporation known as the University of Portsmouth(4) (“the University”) hereby makes the following Order:

1.  This Order may be cited as the Portsmouth College of Art, Design and Further Education (Dissolution) Order 1994 and shall come into force on 1st August 1994.

2.  On 1st August 1994 the College shall be dissolved and all of its property, rights and liabilities shall be transferred to the University, being a body corporate established for purposes which include the provision of educational facilities or services.

3.  Section 26(2), (3) and (4) of the Act shall apply to any person employed by the College immediately before 1st August 1994 as if the references in that section–

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

(b) to the operative date were to 1st August 1994;

(c) to the transferor were to the College; and

(d) to the corporation were to the University.

John Patten

Secretary of State for Education

1st July 1994

Explanatory Note

(This note is not part of the Order)

This Order dissolves the further education corporation established to conduct Portsmouth College of Art, Design and Further Education. It provides that the property, rights and liabilities of the college transfer to the University of Portsmouth and secures the rights of employees by applying section 26(2) to (4) of the Further and Higher Education Act 1992.

(1)

1992 c. 13.

(2)

S.I. 1992/2361.

(3)

Established under section 15 of the Act by the Education (Further Education Corporations) Order 1992 (S.I. 1992/2097).

(4)

Established under section 121 of the Education Reform Act 1988 (c. 40) by the Education (Higher Education Corporations) Order 1988 (S.I. 1988/1799).