The Kent Institute of Art and Design Higher Education Corporation (Dissolution) Order 2005

Statutory Instruments

2005 No. 1708

EDUCATION, ENGLAND

The Kent Institute of Art and Design Higher Education Corporation (Dissolution) Order 2005

Made

27th June 2005

Laid before Parliament

4th July 2005

Coming into force

1st August 2005

The Secretary of State, in exercise of the powers conferred upon her by section 128 of the Education Reform Act 1988(1), after consulting the higher education corporation known as Kent Institute of Art and Design (2) and the Higher Education Funding Council for England and with the consent of the higher education corporation known as The Surrey Institute of Art and Design(3), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Kent Institute of Art and Design Higher Education Corporation (Dissolution) Order 2005 and shall come into force on 1st August 2005.

(2) In this Order—

“the Kent Corporation” means the higher education corporation known as Kent Institute of Art and Design; and

“the Surrey Corporation” means the higher education corporation known as The Surrey Institute of Art and Design.

Dissolution of the Kent Corporation

2.  The Kent Corporation shall be dissolved on 1st August 2005 and all property, rights and liabilities to which the Kent Corporation was entitled or subject immediately before that date shall be transferred to and vest in the Surrey Corporation.

3.  Section 127 of the Education Reform Act 1988 shall apply to any person employed by the Kent Corporation immediately before 1st August 2005 as if reference in that section to—

(a) a person to whom that section applies were to a person so employed;

(b) the transfer date were to 1st August 2005;

(c) the transferor authority were to the Kent Corporation; and

(d) the corporation were to the Surrey Corporation.

Bill Rammell

Minister of State

Department for Education and Skills

27th June 2005

Explanatory Note

(This note is not part of the Order)

This Order dissolves the higher education corporation known as Kent Institute of Art and Design (the “Corporation”). The Corporation was established as a higher education corporation in 1988 under section 121 of the Education Reform Act 1988.

The Order provides for all property, rights and liabilities to which the Corporation was entitled or subject immediately before its dissolution to be transferred to the higher education corporation known as The Surrey Institute of Art and Design (this corporation was originally established as a higher education corporation under section 121 of the Education Reform Act 1988. The Surrey Institute of Art and Design was originally established as West Surrey College of Art and Design) (“SIAD”).

The Order also makes provision for section 127 of the Education Reform Act 1988 to apply in relation to persons who were employed by the Corporation immediately before 1st August 2005. Section 127 of the 1988 Act, as applied by this Order, makes provision for the transfer of such employees to SIAD on 1st August 2005 and in respect of the associated rights and duties of SIAD and the transferred employees.

A Regulatory Impact Assessment has not been prepared for this instrument because it has no impact on the costs of business.

(1)

1988 c. 40. Section 128 was amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 34, the Charities Act 1993 (c. 10), Schedule 6, paragraph 30, and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 16. By virtue of S.I. 1999/672, the power in section 128 is exercisable by the Secretary of State only in relation to England.

(2)

Established as a higher education corporation under section 121(1) of the Education Reform Act 1988 by virtue of S.I. 1988/1799.

(3)

Established as a higher education corporation under section 121(1) of the Education Reform Act 1988 by virtue of S.I. 1988/1799. The Surrey Institute of Art and Design was originally established as West Surrey College of Art and Design.