Citation and commencement
1. This Order may be cited as the Designation of Bell College of Technology (Scotland) Order 2001 and shall come into force on 1st August 2001.
Interpretation
2. In this Order the following expressions shall have the meanings respectively assigned to them:–
“the Act” means the Further and Higher Education (Scotland) Act 1992;
“the Board of Management” means the Board of Management of the College, being a body corporate established under section 11(2) of the Act;
“the College” means Bell College of Technology;
“governing body” means the governing body of the College, constituted as a body corporate by virtue of section 45(2) of the Act; and
“the transfer date” means the date on which the governing body consents, for the purpose of section 25(7) of the Act, to the transfer to it, and vesting in it, of the property, rights, liabilities and obligations of the Board of Management in accordance with the provisions of Article 4 of this Order.
Designation of the College
3.—(1) The College is hereby designated as an institution eligible to receive support from funds administered by the Scottish Higher Education Funding Council.
(2) The designation of the College by paragraph (1) of this article shall remain in effect notwithstanding any change of name of that institution.
Transfer of property, rights, liabilities and obligations
4.—(1) On the transfer date–
(a)there shall be transferred to, and vested in, the governing body all property, rights, liabilities and obligations to which immediately before the transfer date the Board of Management was entitled or subject; and
(b)there shall be vested in the governing body all rights, liabilities and obligations occurring in respect of the College on or after the transfer date and before the transfer date.
(2) The vesting of property, rights, liabilities and obligations under this article shall have effect, notwithstanding–
(a)anything to the contrary in, or
(b)any condition relating to the transfer of such property, rights, liabilities or obligations contained in,
any enactment, rule of law or obligation.
(3) References to the Board of Management–
(a)in any agreement, deed, bond, instrument or notice;
(b)in any action or proceeding pending or existing at the transfer date by or against the Board of Management before any court or other tribunal; and
(c)in any other document whatsoever relating to or affecting any property, right, liability or obligation of the governing body which vests by virtue of this article in the governing body,
shall be taken on or after the transfer date as referring to the governing body.
Transfer of staff
5.—(1) Where a person is employed immediately before the transfer date by the Board of Management their contract of employment shall have effect on and after that date as if originally made between them and the governing body.
(2) Without prejudice to paragraph (1) above–
(a)all the rights, powers, duties and liabilities of the Board of Management under or in connection with a contract to which that paragraph applies shall by virtue of this paragraph be transferred to the governing body on the transfer date; and
(b)anything done before that date by or in relation to the Board of Management in respect of that contract or the employee shall be deemed on and after that date to have been done by or in relation to the governing body.
(3) Paragraphs (1) and (2) above are without prejudice to any right of an employee to terminate their contract of employment if the terms and conditions of their employment are changed substantially to their detriment, but such change shall not be taken to have occurred by reason only of the fact that their employer is changed by virtue of this article.
(4) Where a person–
(a)has, prior to the transfer date, entered into a contract of employment with the Board of Management which is to come into effect on or after that date; and
(b)would, if the contract had come into effect before that date, have been an employee to whom the provisions of this article would have applied, that person shall be treated for the purposes of this article as if they were such an employee.
Winding up and dissolution of Board of Management
6.—(1) The Board of Management is hereby wound up.
(2) The Board of Management shall be dissolved on the day following the transfer date.
WENDY ALEXANDER
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
30th May 2001