The Assigned Colleges (Scotland) Order 2014

Scottish Statutory Instruments

2014 No. 80

Education

The Assigned Colleges (Scotland) Order 2014

Made

20th March 2014

Laid before the Scottish Parliament

24th March 2014

Coming into force

1st August 2014

The Scottish Ministers make the following order in exercise of the powers conferred by sections 7C(1) and 34(2) of the Further and Higher Education (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 7C(6) of that Act, they have consulted with the boards of management of the colleges to which this Order relates, the representatives of any trade union which is recognised by the colleges or which otherwise appear to the Scottish Ministers to be representative of the colleges’ staff, the colleges’ students’ associations, the Scottish Further and Higher Education Funding Council, the local authorities for the areas in which the colleges are situated, and other persons appearing to them as likely to be affected by the Order.

Citation and commencement

1.  This Order may be cited as the Assigned Colleges (Scotland) Order 2014 and comes into force on 1st August 2014.

Assigned Colleges

2.—(1) The following colleges of further education(2) are assigned to the Regional Board for Glasgow Colleges(3)—

• The Board of Management of City of Glasgow College(4);

• The Board of Management of Glasgow Clyde College(5);

• The Board of Management of Glasgow Kelvin College(6).

(2) A college of further education assigned under paragraph (1) remains assigned to the Regional Board for Glasgow Colleges notwithstanding any change of name of the college of further education.

Transitional provision

3.  Where any student of the City of Glasgow College, Glasgow Clyde College or Glasgow Kelvin College is appointed on or before 31st August 2014 as a member of the Regional Board for Glasgow Colleges under paragraphs 3(2)(e) and 4 of schedule 2B to 2005 Act (regional boards)(7), paragraph 7(2)(d) of schedule 2B does not apply to the term of office of any such student, who is instead to hold office until 31st August 2015.

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

20th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order assigns each of the three colleges of further education listed in article 2(1) to the Regional Board for Glasgow Colleges which is established on 1st May 2014 under section 7B(1) of, and schedule 2A to, the Further and Higher Education (Scotland) Act 2005 (“the 2005 Act”). Article 2(2) provides that each college of further education remains assigned notwithstanding any change of name of the college of further education.

Article 3 of the Order makes a transitional provision in relation to any student of the City of Glasgow College, Glasgow Clyde College or Glasgow Kelvin College who is appointed on or before 31st August 2014 as a member of the Regional Board for Glasgow Colleges under paragraphs 3(2)(e) and 4 of schedule 2B to 2005 Act. Paragraph 7(2)(d) of schedule 2B (under which such a student’s term of office would have otherwise ceased on 31st August 2014) is not to apply to such a student and such a student is to hold office until 31st August 2015.

(1)

2005 asp 6. Section 7C was inserted by section 8(3) of the Post-16 Education (Scotland) Act 2013 (asp 12) (“the Act”).

(2)

A “college of further education” is defined as the governing body of the college by section 35(1) of the Further and Higher Education (Scotland) Act 2005 (asp 6), (“the 2005 Act”) as amended by paragraph 8(23)(a)(i) of the schedule to the Act.

(3)

The Regional Board for Glasgow Colleges is established by section 7B of, and schedule 2A to, the 2005 Act (as inserted by section 8 of the Act) on 1st May 2014.

(4)

City of Glasgow College was established by S.S.I. 2004/274. The name of City of Glasgow College was changed from Glasgow Metropolitan College on 1st August 2012 in accordance with section 3(4) of the Further and Higher Education (Scotland) Act 1992 (c.37) (“the 1992 Act”). Section 3(4) of the 1992 Act was amended by section 30 of the 2005 Act. City of Glasgow College is a fundable post-16 education body listed in schedule 2 to the 2005 Act.

(5)

Glasgow Clyde College is prescribed by S.I. 1992/1597. The name of Glasgow Clyde College was changed from Cardonald College on 1st August 2013 in accordance with section 3(4) of the 1992 Act. Section 3(4) of the 1992 Act was amended by section 30 of the 2005 Act. Glasgow Clyde College is a fundable post-16 education body listed in schedule 2 to the 2005 Act.

(6)

Glasgow Kelvin College is prescribed by S.I. 1992/1597. The name of Glasgow Kelvin College was changed from North Glasgow College on 1st November 2013 in accordance with section 3(4) of the 1992 Act. Section 3(4) of the 1992 Act was amended by section 30 of the 2005 Act. Glasgow Kelvin College is a fundable post-16 education body listed in schedule 2 to the 2005 Act.

(7)

Schedule 2B is inserted into the 2005 Act by section 11(2) of the Act. Paragraphs 3(2)(e) and 4 of schedule 2B to 2005 Act come into force on 1st August 2014 by virtue of article 2(2) of, and Schedule 2 to, the Post-16 Education (Scotland) Act 2013 (Commencement No. 4 and Transitory Provisions) Order 2014 (S.S.I. 2014/79).