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Higher Education and Research Act 2017

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This is the original version (as it was originally enacted).

Education Reform Act 1988

This section has no associated Explanatory Notes

16Before section 128 insert—

127ADissolution of higher education corporations in England

(1)If requested to do so by notice given by a higher education corporation in England, the Secretary of State may make an order providing for—

(a)the dissolution of the corporation, and

(b)the transfer of property, rights and liabilities of the corporation to—

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

(ii)a body corporate established for purposes which include the provision of such facilities or services;

(iii)the Office for Students.

(2)An order under this section must not provide for transferring the property, rights or liabilities of a higher education corporation in England to a person or body without the consent of the person or body.

(3)Subsection (4) applies where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes.

(4)Any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(5)Before making an order under this section the Secretary of State must consult the Office for Students.

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

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

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