The Designation of Institutions of Higher Education (Scotland) Order 2006

Scottish Statutory Instruments

2006 No. 279

EDUCATION

The Designation of Institutions of Higher Education (Scotland) Order 2006

Made

23rd May 2006

Laid before the Scottish Parliament

23rd May 2006

Coming into force

13th June 2006

The Scottish Ministers, in exercise of the powers conferred by section 44 of the Further and Higher Education (Scotland) Act 1992(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Designation of Institutions of Higher Education (Scotland) Order 2006 and shall come into force on 13th June 2006.

Designation of institutions

2.—(1) The Robert Gordon University(2)is hereby designated as an institution providing higher education for the purposes of Part II of the Further and Higher Education (Scotland) Act 1992.

(2) The designation of an institution by paragraph (1) of this Article shall remain in effect notwithstanding any change of name of the institution so designated.

Amendment of the Designation of Institutions of Higher Education (Scotland) Order 1992

3.  In article 2(1) of the Designation of Institutions of Higher Education (Scotland) Order 1992(3), omit “The Robert Gordon University”(4).

NICOL STEPHEN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

23rd May 2006

Explanatory Note

(This note is not part of the Order)

This Order is one of several instruments, being this instrument and the Robert Gordon University (Establishment) (Scotland) Order 2006, the Fundable Bodies (Scotland) Order 2006, the Robert Gordon University (Scotland) Order of Council 2006, the Robert Gordon University (Closure) (Scotland) Order 2006 and the Academic Awards and Distinctions (The Robert Gordon University) (Scotland) Order of Council 2006, which give effect to The Robert Gordon University’s desire that the university itself be incorporated rather than its governing body. This change necessitates the closing of the university as it is currently constituted and establishing a new institution of higher education.

The Robert Gordon University, being a designated institution and formerly known as The Robert Gordon Institute of Technology and whose name was changed in accordance with section 49 of the Further and Higher Education (Scotland) Act 1992 by resolution of the Governing Body on 18th March 1992 and consent of the Privy Council on 12th June 1992, is to be closed on the date of coming into force of the Robert Gordon University (Closure) (Scotland) Order 2006. A new institution of higher education to be called The Robert Gordon University is to be established by The Robert Gordon University (Establishment) (Scotland) Order 2006.

Article 2(1) of this Order designates the new institution, The Robert Gordon University, as an institution providing higher education (whether or not it also provides education of any other kind or carries on any other activities).

Article 3 of this Order amends the Designation of Institutions of Higher Education (Scotland) Order 1992 to remove designated institution status from The Robert Gordon University which is to be closed.

(1)

1992 (c. 37). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

An institution of higher education established by the Robert Gordon University (Establishment) (Scotland) Order 2006.

(3)

S.I. 1992/1025; as amended by S.I. 1993/424.

(4)

A designated institution, formerly known as The Robert Gordon Institute of Technology and whose name was changed in accordance with section 49 of the Further and Higher Education (Scotland) Act 1992 (c. 37) by resolution of the Governing Body on 18th March 1992 and consent of the Privy Council on 12th June 1992.