The Coleg Meirion-Dwyfor Further Education Corporation (Dissolution) Order 2010

Welsh Statutory Instruments

2010 No. 562 (W.57)

EDUCATION, WALES

The Coleg Meirion-Dwyfor Further Education Corporation (Dissolution) Order 2010

Made

2 March 2010

Laid before the National Assembly for Wales

3 March 2010

Coming into force

1 April 2010

This Order is made in exercise of the powers conferred on the Secretary of State by section 27 of the Further and Higher Education Act 1992(1) (“the Act”) and now exercisable by the Welsh Ministers(2).

In accordance with section 27(2) of the Act, Coleg Llandrillo further education corporation(3) has consented to the transfer of the property, rights and liabilities of Coleg Meirion-Dwyfor further education corporation(4).

The Welsh Ministers have consulted with Coleg Meirion-Dwyfor further education corporation in accordance with section 27(7) of the Act.

Accordingly, the Welsh Ministers make the following Order:

Title and commencement

1.  The title of this Order is the Coleg Meirion-Dwyfor Further Education Corporation (Dissolution) Order 2010 and it comes into force on 1 April 2010.

Dissolution and Transfer

2.  On 1 April 2010 Coleg Meirion-Dwyfor further education corporation is dissolved and its property, rights and liabilities are transferred to Coleg Llandrillo further education corporation, being a corporate body wholly or mainly engaged in the provision of educational facilities or services.

Transfer of Staff

3.  Section 26(2), (3) and (4) of the Act applies to any person employed by Coleg Meirion-Dwyfor further education corporation immediately before 1 April 2010 as if the references in that section—

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

(b) to the operative date were to 1 April 2010;

(c) to the transferor were to Coleg Meirion-Dwyfor further education corporation; and

(d) to the corporation were to Coleg Llandrillo further education corporation.

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

2 March 2010

Explanatory Note

(This note is not part of the Order)

This Order dissolves the further education corporation established to conduct the educational institution called Coleg Meirion-Dwyfor with effect from 1 April 2010. It provides for the transfer of its property, rights and liabilities to Coleg Llandrillo further education corporation and secures the rights of its employees by applying section 26(2) to (4) of the Further and Higher Education Act 1992 (c. 13).

(1)

1992 c. 13; section 27 of the Further and Higher Education Act 1992 was amended by article 9 and paragraphs 13 and 16(a)-(c) of Schedule 1 to 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)); by section 29 of the Further Education and Training Act 2007 (c. 25); and by sections 15, 30 and Schedule 2 of the Further Education and Training Act 2007 but at the time of making this Order those provisions had not been commenced.

(2)

The functions of the Secretary of State under section 27 of the Further and Higher Education Act 1992 were transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

Established as Llandrillo Technical College by the Education (Further Education Corporations) Order 1992 (S.I. 1992/2097).

(4)

Established by the Education (Further Education Corporations) Order 1992 (S.I. 1992/ 2097).