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The Fundable Bodies (Scotland) Order 2012

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Fundable Bodies (Scotland) Order 2012 No. 216

Draft Order laid before the Scottish Parliament under section 34(4) of the Further and Higher Education (Scotland) Act 2005 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2012 No.

Education

The Fundable Bodies (Scotland) Order 2012

Made

      

Coming into force

1st August 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 7(1) of the Further and Higher Education (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 7(1) of that Act, the Scottish Further and Higher Education Funding Council has proposed the modifications made in this Order.

In accordance with section 34(4) of that Act(2), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Fundable Bodies (Scotland) Order 2012 and comes into force on 1st August 2012.

Modification of the Further and Higher Education (Scotland) Act 2005

2.  In schedule 2 (fundable bodies) to the Further and Higher Education (Scotland) Act 2005(3)—

(a)after the entry for Carnegie College insert—

City of Glasgow College;

(b)for “James Watt College of Further and Higher Education” substitute “James Watt College”;

(c)after the entry for Stow College insert—

West Highland College UHI; and

(d)omit the entries for Central College Glasgow, Glasgow College of Nautical Studies, Glasgow Metropolitan College and Edinburgh College of Art.

Name

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Order)

The Further and Higher Education (Scotland) Act 2005 (“the Act”) established the Scottish Further and Higher Education Funding Council and made provision relating to the funding of bodies which provide further and higher education. Those bodies are described in the Act as “fundable bodies” and are listed in schedule 2 to the Act.

Article 2(a) and (b) updates that schedule to reflect the fact that Glasgow Metropolitan College has changed its name to City of Glasgow College and that James Watt College of Further and Higher Education has changed its name to James Watt College.

Article 2(c) adds West Highland College UHI to the schedule as a new fundable body.

Article 2(d) removes Central College Glasgow, Glasgow College of Nautical Studies and Edinburgh College of Art from the schedule to reflect transfers of property, rights, liabilities and obligations to other fundable bodies. In addition, it removes Glasgow Metropolitan College in consequence of its change of name described above.

(2)

Section 34(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(3)

Schedule 2 has been amended by S.S.I. 2005/660, 2006/480, 2007/255 and 524, 2008/241 and 412 and 2011/229.

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