The South East Derbyshire College (Dissolution) Order 2010

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2010 No. 109

Education, England

The South East Derbyshire College (Dissolution) Order 2010

Made

19th January 2010

Laid before Parliament

25th January 2010

Coming into force

15th February 2010

The Secretary of State for Business, Innovation and Skills makes the following Order in exercise of the powers conferred by section 27 of the Further and Higher Education Act 1992(1) (“the Act”).

This Order is made with the consent of the further education corporation established to conduct Derby College(2). It is made for the purpose of giving effect to a proposal for the dissolution of the further education corporation established to conduct The South East Derbyshire College(3) (“the corporation”) made by the Learning and Skills Council for England. The Secretary of State has consulted the corporation.

1.  This Order may be cited as the South East Derbyshire College (Dissolution) Order 2010 and comes into force on 15th February 2010.

2.  On 15th February 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to Derby College, 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 corporation immediately before 15th February 2010 as if the reference 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 15th February 2010;

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

(d) to the corporation were to Derby College.

Kevin Brennan

Minister for Further Education, Skills, Apprenticeships and Consumer Affairs

Department for Business, Innovation and Skills

19th January 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order dissolves with effect from 15th February 2010 the further education corporation established to conduct The South East Derbyshire College. It provides for the transfer of its property, rights and liabilities to Derby College and secures the rights of its employees by applying section 26(2) to (4) of the Further and Higher Education Act 1992.

An Impact Assessment has not been prepared for this instrument as it has no wider impact on the costs of business, charities or voluntary bodies. The impact on the public sector is minimal.

(1)

1992 c.13; section 27 was amended by S.I. 2005/3238, Schedule 1, paragraph 16; section 51 was amended by S.I. 2005/3238, Schedule 1, paragraph 21.

(2)

Established by the Derby College (Incorporation) Order 2001 (S.I. 2001/3808).

(3)

Established by the Education (Further Education Corporations) Order 1992 (S.I. 1992/2097).