Further and Higher Education (Scotland) Act 2005

[F1 23O Transfer of staff and property etc. S

(1) A regional strategic body may require any of its colleges to transfer such of its staff, property, rights, liabilities or obligations as may be specified in the requirement—

(a) to another of its colleges; or

(b) to the regional strategic body.

(2) Such a requirement may be made—

(a) for the purpose of transferring responsibility for providing any particular programmes of learning or courses of education from one of the regional strategic body's colleges to another of its colleges;

(b) for the purpose of transferring responsibility for providing any particular service; or

(c) for any other purpose relating to the functions of the regional strategic body or any of its colleges.

(3) Before making a requirement under subsection (1), the regional strategic body must consult—

(a) any college to which the proposed transfer relates;

(b) the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and

(c) the students' association of every such college.

(4) Consultation under subsection (3)(a) is to be undertaken with a view to seeking the agreement of the college to the proposed transfer.

(5) A requirement under subsection (1) may make such further provision in relation to the transfer as the regional strategic body considers appropriate.

(6) Any transfer of staff effected by virtue of subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(7) All property and rights transferred by virtue of subsection (1) are to be applied for the purpose of the advancement of education.

(8) Subject to subsection (9), a requirement made under subsection (1) is binding on any college to which it relates.

(9) A requirement made under subsection (1) is binding on a college falling within subsection (10) only if the college consents to the making of the requirement.

(10) A college falls within this subsection if—

(a) its governing body is not a board of management established in pursuance of Part 1 of the 1992 Act;

(b) it is the college from which staff, property, rights, liabilities or obligations are to be transferred in pursuance of the requirement and the transfer is to be made to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act; or

(c) the regional strategic body to which it is assigned is a body included in Part 2 of schedule 2A.

(11) The Scottish Ministers may by order modify subsection (10) to provide that a college, or type of college, specified in the order is or is not to fall within that subsection (other than by virtue of paragraph (a) or (b) of that subsection).

(12) Such an order may not modify paragraph (a) or (b) of subsection (10).

(13) Before making an order under subsection (11), the Scottish Ministers must consult—

(a) any regional strategic body to which the order relates;

(b) the representatives of any trade union which is recognised by such a regional strategic body or which otherwise appears to the Scottish Ministers to be representative of the staff of such a body;

(c) any college of further education which is assigned to such a regional strategic body by order made under section 7C(1);

(d) the students' association of each such college;

(e) the representatives of any trade union which is recognised by each such college or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college;

(f) the Council;

(g) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally;

(h) any body which appears to the Scottish Ministers to be representative of colleges of further education;

(i) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and

(j) any other person whom the Scottish Ministers consider likely to be affected by the order.

(14) Where any of a regional strategic body's staff are transferred to any of its colleges by virtue of any other arrangements made between the regional strategic body and that college, the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).]

Textual Amendments

F1 Ss. 23E-23O and cross-heading inserted (1.8.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 10, 23(2); S.S.I. 2014/79, art. 2(2), Sch. 2