The University of Wales, Newport Higher Education Corporation (Dissolution) Order 2013

Welsh Statutory Instruments

2013 No. 664 (W.77)

EDUCATION, WALES

The University of Wales, Newport Higher Education Corporation (Dissolution) Order 2013

Made

19 March 2013

Laid before the National Assembly for Wales

20 March 2013

Coming into force

11 April 2013

The Welsh Ministers make the following Order in exercise of the powers conferred on the Secretary of State by section 128 of the Education Reform Act 1988(1) and now exercisable by them(2).

In accordance with section 128(2) of the Education Reform Act 1988, the University of Glamorgan Higher Education Corporation(3) (“Corfforaeth Addysg Uwch Prifysgol Morgannwg”), being a body corporate established for purposes which include the provision of educational facilities or services within the meaning of section 128(1)(b)(ii) of that Act, has consented to the transfer to it of the property, rights and liabilities of the University of Wales, Newport Higher Education Corporation(4) (“Corfforaeth Addysg Uwch Prifysgol Cymru, Casnewydd”).

The Welsh Ministers have consulted the University of Wales Newport Higher Education Corporation and the Higher Education Funding Council for Wales in accordance with section 128(4) of that Act.

Title and commencement

1.  The title of this Order is the University of Wales, Newport Higher Education Corporation (Dissolution) Order 2013 and it comes into force on 11 April 2013.

Interpretation

2.  In this Order—

“the Newport Corporation” (“Corfforaeth Casnewydd”) means the University of Wales, Newport Higher Education Corporation;

“University of Glamorgan” (“Prifysgol Morgannwg”) means the University of Glamorgan Higher Education Corporation.

Dissolution of the University of Wales, Newport

3.  On 1 April 2013 the Newport Corporation is dissolved and all of its property, rights and liabilities are transferred to the University of Glamorgan.

4.  Section 127 of the Education Reform Act 1988 applies to any person employed by the Newport Corporation immediately before 1 April 2013 as if references in that section to—

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

(b) the transfer date were to 1 April 2013;

(c) the transferor authority were to the Newport Corporation;

(d) the corporation were to the University of Glamorgan.

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

19 March 2013

Explanatory Note

(This note is not part of the Order)

This Order dissolves the higher education corporation established to conduct the University of Wales, Newport (“the University of Newport”). The University of Newport was established as a higher education corporation under section 122 of the Education Reform Act 1988 as Gwent College of Higher Education and changed its name to the University of Wales College, Newport and subsequently to the University of Wales, Newport with the consent of the Privy council.

This Order provides for all property, rights and liabilities to which the University of Newport was entitled or subject to immediately before its dissolution to be transferred to the University of Glamorgan Higher Education Corporation (“the University of Glamorgan”).

This Order also makes provision for section 127 of the Education Reform Act 1988 to apply in relation to persons who were employed by the University of Newport immediately before 1 April 2013. Section 127 of the 1988 Act, as applied by this Order, makes provision for the transfer of such employees to the University of Glamorgan on 1 April 2013 and in respect of associated rights and duties of the University of Glamorgan and the transferred employees.

The University of Glamorgan was incorporated as a higher education corporation in 1992 as the Polytechnic of Wales and changed its name with the consent of the Privy Council.

(1)

1988 c. 40. Section 128 was amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 34; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 16; the Education Act 2011 (c. 21), section 67 and Schedule 16, paragraph 8; the Charities Act 2011 (c. 25), Schedule 7, paragraph 51; the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) (W.243), Schedule 1, paragraph 12 and the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), paragraphs 15 and 16.

(2)

The functions of the Secretary of State under section 128 were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of, and paragraph 30 of schedule 11 to, the Government of Wales Act 2006 (c. 32) those functions are exercisable by the Welsh Ministers.

(3)

Established as a higher education corporation under section 122(1) of the Education Reform Act 1988 by virtue of S.I. 1991/1976.

(4)

Established as a higher education corporation under section 122(1) of the Education Reform Act 1988 by virtue of S.I.1991/1976.