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This is the original version (as it was originally enacted).

25Closure of colleges and dissolution of boards of management

(1)Where the Secretary of State determines, after such consultation as is required by section 5 of this Act, to make an order—

(a)closing a college of further education; or

(b)designating a college such as is mentioned in paragraph (b) of subsection (2) of that section as a designated institution within the meaning of Part II of this Act,

the order shall contain provision winding-up the board of management of the college, and the provisions of this section shall have effect.

(2)An order made for the purposes mentioned in subsection (1) above may include provision—

(a)for the property, rights, liabilities and obligations of the board of management to transfer to and vest in—

(i)the Secretary of State;

(ii)subject to subsection (7) below, such other board of management established or to be established in pursuance of this Part of this Act as may be specified in the order; or

(iii)subject to subsection (7) below, such other person as may be so specified;

(b)for the payment by the Secretary of State of any expenses incurred in the closure or winding-up;

(c)imposing such duties or conferring such additional powers in relation to the closure or winding-up as the Secretary of State may consider appropriate;

(d)for the exercise of any of the board’s functions by any member of the board specified by the Secretary of State in the order;

(e)for the appointment of a person to administer the closure or winding-up, and any person so appointed shall have such powers and duties as appear to the Secretary of State necessary or expedient for such purposes and as are specified in the order;

(f)of such incidental, supplementary, transitional or ancillary nature as appears to the Secretary of State to be necessary or expedient for the purposes of the closure or winding-up.

(3)Notwithstanding that an order has been made for the winding-up of the board of management—

(a)the Secretary of State may continue to issue directions to the board of management under section 21 of this Act; and

(b)such board of management shall continue to comply with any directions given by the Secretary of State whether before or after the making of such an order.

(4)Directions under the said section 21 may be given to a person appointed under subsection (2)(e) above, and such person shall be under the like duty as the board of management to comply with any such directions.

(5)When the winding-up of the board of management of a college of further education under this section is completed, the Secretary of State shall by order dissolve the board of management of that college.

(6)In this section, references to the closure of a college include references to the college being merged with one or more other colleges; and different provision may be made under this section as regards different colleges to be merged with one another.

(7)An order under subsection (1) above shall not contain provision transferring and vesting property, rights, liabilities and obligations as mentioned in sub-paragraph (ii) or (iii) of subsection (2)(a) above unless the body or person mentioned in that sub-paragraph has consented to the transfer and vesting.

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