The University of the West of Scotland Order of Council 2007

Scottish Statutory Instruments

2007 No. 426

EDUCATION

The University of the West of Scotland Order of Council 2007

Made

13th September 2007

Laid before the Scottish Parliament

19th September 2007

Coming into force

30th November 2007

At the Council Chamber, Whitehall, the 13th day of September 2007

By the Lords of Her Majesty’s Most Honourable Privy Council

Their Lordships, in exercise of the powers conferred on Them by sections 45 and 60 of the Further and Higher Education (Scotland) Act 1992(1) and all other powers enabling Them to do so, are pleased to order as follows.

Citation and commencement

1.  This Order may be cited as the University of the West of Scotland Order of Council 2007 and comes into force on 30th November 2007.

Interpretation

2.  In this Order–

“the Act” means the Further and Higher Education (Scotland) Act 1992;

“the 1954 Scheme” means the Paisley College of Technology Scheme 1954(2) as amended by the Paisley College of Technology (Amendment) Scheme 1973(3), the Central Institutions (Scotland) Regulations 1988(4), the Paisley College of Technology Scheme (Amendment) Regulations 1992(5), and the 1993 Order;

“the 1993 Order” means the University of Paisley (Scotland) Order of Council 1993(6);

“Court of the University of Paisley” means the governing body of the University of Paisley constituted and incorporated by the 1954 Scheme; and

“University of Paisley” means the University constituted by the 1954 Scheme and being an institution designated under section 44 of the Act.

Name

3.  The following name changes have effect–

(a) the University of Paisley is renamed the “University of the West of Scotland(7)”; and

(b) the Court of the University of Paisley is renamed the “Court of the University of the West of Scotland”.

Amendment of the 1993 Order

4.—(1) In article 2 of the 1993 Order, for “University of Paisley”, substitute “University of the West of Scotland”.

(2) In article 3(1) of the 1993 Order–

(a) for “, shall be” substitute “and”; and

(b) after “University of Paisley”, insert “shall be “University of the West of Scotland””.

(3) In article 3(2) of the 1993 Order, after “shall be read”, insert “until 29th November 2007”.

(4) After article 3(2) of the 1993 Order, insert–

“(3) References to the “University of Paisley” or the “Court of the University of Paisley” or “Paisley College of Technology” or “The Governors of the Paisley College of Technology” or any like reference–

(a) in any agreement, deed, bond or other writing, document or instrument of any description;

(b) in any action or proceeding pending or existing at 30th November 2007 by or against the University of Paisley or the Court of the University of Paisley before any court or other tribunal; and

(c) in any document relating to or affecting any property, right, liability or obligation of the University of Paisley or the Court of the University of Paisley,

shall be read on or after 30th November 2007 as referring to the “University of the West of Scotland” or the “Court of the University of the West of Scotland” as the context requires; and no rights, interests, obligations or liabilities of any person shall be affected by the change of name of the institution or its governing body.”.

(5) In article 4 of the 1993 Order–

(a) for “ , shall be known as” substitute “and”; and

(b) after “Court of the University of Paisley”, insert “shall be known as the “Court of the University of the West of Scotland””.

Amendment of the 1954 Scheme

5.  In Schedule 3 to the 1993 Order (variations and revocations of provisions of Paisley College of Technology Scheme 1954), in paragraphs 1 (the first two times it appears), 2 and 4, for “University of Paisley”, including where it appears in the phrase “Court of the University of Paisley”, substitute “University of the West of Scotland”.

Saving

6.  For the avoidance of doubt, nothing in this Order shall be taken to affect the continuance of the governing body as a body corporate in accordance with the 1954 Scheme.

Judith Simpson

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to the governance instruments of the University of Paisley consequential on its change of name to the University of the West of Scotland.

Article 3 confirms the new names of the University and its governing body. Article 4 amends the University of Paisley (Scotland) Order of Council 1993. Article 5 amends the provisions of the Paisley College of Technology Scheme 1954. Article 6 confirms that the governing body continues to be a body corporate.

(1)

1992 c. 37; to which there are amendments not relevant to this Order.

(2)

The 1954 Scheme was framed and confirmed by the Secretary of State and approved by Order of Council on 19th October 1954 under section 123 of the Education (Scotland) Act 1946 (c. 72).

(3)

S.I. 1973/1811.

(4)

S.I. 1988/1715.

(5)

S.I. 1992/1093.

(6)

S.I. 1993/558.

(7)

The name of the institution was changed in accordance with section 49 of the Act by resolution of the governing body on 17th October 2006 and consent of the Privy Council on 18th July 2007 with effect for any and all purposes from the commencement of this Order.