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Statutory Instruments

1993 No. 3114

EDUCATION, ENGLAND AND WALES

The Education Assets Board (Transfers under the Education Reform Act 1988) (Amendment) Regulations 1993

Made

9th December 1993

Laid before Parliament

10th December 1993

Coming into force

1st January 1994

In exercise of the powers conferred on the Secretary of State by section 89(4) of, and paragraphs 62, 63 and 64 of Schedule 8 to, the Further and Higher Education Act 1992(1), the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

1.  These Regulations may be cited as the Education Assets Board (Transfers under the Education Reform Act 1988) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.

2.—(1) The Education Assets Board (Transfers under the Education Reform Act 1988) Regulations 1992(2) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2—

(a)at the beginning there shall be inserted “Subject to paragraph (2) below,”; and

(b)for “3 months” there shall be substituted “6 months”.

(3) Regulation 2 shall become paragraph (1) of that regulation and after that paragraph there shall be inserted—

(2) In relation to any matter which was notified by the Board to the transferor before 1st January 1994 the reference in paragraph (1) above to 6 months shall have effect as if it were a reference to 3 months..

(4) In regulation 3(2), after “the Board” there shall be inserted “at the same time as that submission”.

John Patten

Secretary of State for Education

3rd December 1993

John Redwood

Secretary of State for Wales

9th December 1993

Explanatory Note

(This note is not part of the Regulation)

These Regulations amend the Education Assets Board (Transfers under the Education Reform Act 1988) Regulations 1992 (“the 1992 Regulations”).The Regulations amend regulation 2 of the 1992 Regulations so that, from 1st January 1994, the period within which agreement is required to be reached on any matter for the purposes of paragraph 62 of Schedule 8 to the Further and Higher Education Act 1992 is extended from three months to six months. The Regulations also amend regulation 3(2) of the 1992 Regulations so as to require that copies of any written representations and supporting documents, which are to be provided by the transferor and transferee in accordance with that regulation, are sent at the same time as the original written representations and supporting documents are submitted to the Education Assets Board.

(1)

1992 c. 13; see also paragraph 61 of Schedule 8 to that Act which substitutes paragraphs 62 to 64 of Schedule 8 for paragraph 3 of Schedule 10 to the Education Reform Act 1988 (c. 40).Paragraph 61 of Schedule 8 is amended by section 47(6) of the Education Act 1993 (c. 35).