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Further and Higher Education (Scotland) Act 1992

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This is the original version (as it was originally enacted).

14Transfer of colleges of further education not under local authority management

(1)This section applies to any college of further education which—

(a)is not under the management of a board of management or of an education authority;

(b)provides at least one full-time programme of further education; and

(c)is in receipt of grant paid out of money provided by Parliament.

(2)The management of a college of further education to which this section applies may be transferred from the persons responsible for its management or control if, and only if—

(a)those persons have consented to the transfer; and

(b)where the premises of the college are owned by another person or by a trust, such person or, as the case may be, the trustees of the trust have consented to the transfer.

(3)Where such consent as is mentioned in subsection (2) above is obtained, the Secretary of State may by order made under this subsection transfer the management of the college with effect from such date as may be specified in the order to a body corporate established under the order to be known as “the Board of Management of” the college.

(4)Where any college in respect of which an order is made under subsection (3) above is subject to a trust deed the Secretary of State may, with the consent of—

(a)the trustees; and

(b)where any other person is empowered, by whatever means, to modify the trust deed, such person,

by order made under this subsection amend such trust deed to make such provisions as appear to him necessary or expedient for the purposes of such transfer.

(5)An order made under subsection (3) above may provide that so much of sections 15, 19(2) and 34 of and Schedule 5 to this Act as appear to the Secretary of State to be necessary or expedient shall, subject to such modifications as appear to him to be appropriate, apply to the transfer of the college.

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