- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order modifies the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”) by amending subsection (5) of and inserting a new subsection (6) into section 18. Section 18(5) provides that where a board of management of a college of further education disposes of certain property that a portion of the proceeds or value of the consideration for the disposal should be paid to the Scottish Ministers.
Section 7(4)(a) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) provides that a body will not meet the charity test if its constitution allows it to distribute or otherwise apply any of its property for a purpose which is not a charitable purpose.
Consequently, where section 18(5) of the 1992 Act forms part of the constitution of a governing body of a college of further education, it will result in that body failing to meet the charity test.
Section 102(a) of the 2005 Act provides the power to the Scottish Ministers, by order to modify an enactment to prevent a body which is established by enactment from failing the charity test.
The modifications to section 18 of the 1992 Act made by this Order ensure that a college of further education can no longer be required to pay a portion of proceeds from a disposal of certain property to the Scottish Ministers. Any amount paid must now go to an educational charity directed by the Scottish Ministers. This is to ensure that a governing body of a college of further education does not fail the charity test by virtue of section 18(5) forming part of its constitution.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: