The Robert Gordon University (Transfer and Closure) (Scotland) Order 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 Designation of Institutions of Higher Education (Scotland) Order 2006, the Designation of Institutions of Higher Education (Scotland) Amendment Order 2006, the Fundable Bodies (Scotland) Order 2006, the Robert Gordon University (Scotland) Order of Council 2006, the Robert Gordon University (Scotland) Amendment Order of Council 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 (“the University”) 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 (Establishment) (Scotland) Order 2006 establishes a new institution of higher education to be called The Robert Gordon University (“the new institution”).

On the date of coming into force of this Order, the 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, will be closed.

This Order closes the University and provides for the winding up and dissolution of The Governors of The Robert Gordon University as the governing body of the University. All property, staff, rights and liability will be transferred to the new institution

Article 3 of the Order closes the University and provides for its governing body to be wound up. Article 4 dissolves the governing body. Article 5 transfers the whole property, rights, liabilities, obligations and contracts from the University and its governing body to the new institution. Article 6 provides for the transfer of staff to the new institution without a break in their employment. Article 7 revokes the Central Institutions (Scotland) Amendment Regulations 1981 as those regulations relate wholly to earlier governance arrangements of the University at the time when it existed as Robert Gordon’s Institute of Technology and was a central institution. The Robert Gordon University (Scotland) Order 2006 now sets out the governance arrangements for the new institution.