C2 Part II Higher and Further Education

Annotations:
Modifications etc. (not altering text)

C1 Chapter II Reorganisation of Provision and Funding of Higher Education

Annotations:
Modifications etc. (not altering text)
C1

Pt. II Ch. II (ss. 121-138) modified (temp. until 31. 3. 1993) (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 64(1); S.I. 1992/831, art. 2, Schs.1 and 3.

The higher education corporations

128 Dissolution of higher education corporations F10in Wales.

1

Subject to the following provisions of this section, the Secretary of State may by order provide for—

a

the dissolution of any higher education corporation F11in Wales; and

b

the transfer of property, rights and liabilities of the corporation to—

i

any person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description;

F9iia

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8iib

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

any body corporate established for purposes which include the provision of such facilities or services;

F14F1iii

the Higher Education Funding Council for Wales

iv

...

F2v

F6... the F5National Assembly for Wales.

2

An order under sub-paragraph (i) or (ii) of subsection (1)(b) above shall not provide for transferring the property, rights or liabilities of a higher education corporation F12in Wales to any person or body without the consent of that person or body; and where the recipient of a transfer under any order under subsection (1)(b) is not an educational charity any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

3

For the purposes of subsection (2) above, a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes.

4

Before making an order under this section in respect of a higher education corporation F13in Wales the Secretary of State shall consult—

a

the corporation; and

F3b

F15the Higher Education Funding Council for Wales.

5

In this section F7“charitable purposes” has the meaning given by section 11 of the Charities Act 2011.

F46

An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.