Statutory Instruments

2007 No. 1794

EDUCATION, ENGLAND

The Pershore Group of Colleges (Designated Staff) Order 2007

Made

21st June 2007

Laid before Parliament

29th June 2007

Coming into force

1st August 2007

The Secretary of State makes the following Order in exercise of the powers conferred by section 26(1) and (5) of the Further and Higher Education Act 1992(1) (“the Act”), as modified by the Pershore Group of Colleges (Dissolution) Order 2007(2).

1.  This Order may be cited as the Pershore Group of Colleges (Designated Staff) Order 2007 and comes into force on 1st August 2007.

2.  Those persons employed by the Pershore Group of Colleges immediately before 1st August 2007 to work at the Pershore Group of Colleges who are named in Parts 1 or 2 of the Schedule to this Order are designated for the purposes of section 26 of the Act.

3.  The references to the corporation in section 26(2) and (3) of the Act are references to–

(a)Warwickshire College, Royal Leamington Spa, Rugby and Moreton Morrell (“Warwickshire College”) in the case of those persons who are named in Part 1 of the Schedule to this Order; and

(b)Herefordshire College of Technology in the case of those persons who are named in Part 2 of the Schedule to this Order.

Bill Rammell

Minister of State

Department for Education and Skills

21st June 2007

Regulations 2 and 3

SCHEDULE

PART 1Staff whose contracts of employment are to be transferred to Warwickshire College

PART 2Staff whose contracts of employment are to be transferred to Herefordshire College of Technology

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates for the purposes of section 26 of the Further and Higher Education Act 1992 certain staff who are employed by the Pershore Group of Colleges to work there immediately before 1st August 2007. These are the staff named in Parts 1 and 2 of the Schedule to this Order.

1st August 2007 is the date on which the corporation established to conduct the Pershore Group of Colleges is to be dissolved by an Order made under section 27 of that Act. On that date, all the property, rights and liabilities of the Pershore Group of Colleges will transfer to the bodies set out in regulation 3.

In designating these staff, the Order provides for the protection of their employment rights. It does so by applying section 26(2) to (5) of the 1992 Act and a modified section 26(1) of that Act.

The contracts of employment of the designated staff will pass to either Warwickshire College or the Herefordshire College of Technology.

Part 1 of the Schedule lists the names of those employees whose contracts of employment will pass to Warwickshire College. Part 2 of the Schedule lists the names of those employees whose contracts of employment will pass to Herefordshire College of Technology.

(1)

1992 c.13; section 26(1) was amended by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraphs 33 and 37, and Schedule 31.

(2)

S.I. 2007/1793. As a consequence, section 26, as so modified, applies to any person employed by the Pershore Group of Colleges immediately before 1st August 2007 to work at the Pershore Group of Colleges, where that person is designated for the purposes of that section by an Order made by the Secretary of State.