Statutory Instrument 1993 No. 1614 (S.204)

The Further Education (Prescription of Different Date for Property Agreements) (Scotland) Order 1993

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1993 No. 1614 (S.204)

EDUCATION, SCOTLAND

The Further Education (Prescription of Different Date for Property Agreements) (Scotland) Order 1993

The Secretary of State, in exercise of the powers conferred upon him by paragraph 1(4) of Schedule 3 to the Further and Higher Education (Scotland) Act 1992^[1], and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Further Education (Prescription of Different Date for Property Agreements) (Scotland) Order 1993 and shall come into force on 26th July 1993.

    (2)  In this Order, "the Act" means the Further and Higher Education (Scotland) Act 1992.

Prescription of different date
    2.    Where, in respect of any college of further education prescribed under section 11 of the Act, no such agreement as is specified in paragraph 1(1) of Schedule 3 to the Act has been arrived at before the first transfer date, the date by which such an agreement is to be arrived at shall be 30th September 1993.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

22nd June 1993

In terms of section 16 of the Further and Higher Education (Scotland) Act 1992, on 1st April 1993 certain of the property, rights, liabilities and obligations of education authorities transferred to and vested in the board of management of each college of further education specified in an order made under section 11 of the Act. The education authority and the college council of each college were required in terms of paragraph 1(1) of Schedule 3 to the Act, so far as practicable, to reach agreement in writing not later than 1st April 1993 on the property, rights, liabilities and obligations that would transfer to the board of management.

Paragraph 1(4) of Schedule 3 to the Act enables the Secretary of State to prescribe a different date by which agreement is to be arrived at if in respect of any college no agreement is arrived at by 1st April 1993. This Order prescribes 30th September 1993 as that different date for all the relevant colleges.

[1] 1992 c. 37, see section 61 for the definition of "prescribed". back