2013 No. 183
Education

The Reid Kerr College (Transfer and Closure) (Scotland) Order 2013

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1)(c), 25(1), (1A), (2) and (5) and 60(3) of the Further and Higher Education (Scotland) Act 19921 and of all other powers enabling them to do so.

In accordance with section 5(1) of that Act, they have consulted the education authority for the area in which Reid Kerr College is situated and any other person appearing to them to be affected by the proposal.

In accordance with section 25(7) of that Act, the Board of Management of Clydebank College has consented to the transfer and vesting of property, rights, liabilities and obligations provided for in this Order.

Citation and commencement1.

This Order may be cited as the Reid Kerr College (Transfer and Closure) (Scotland) Order 2013 and comes into force on 1st August 2013.

Interpretation2.

In this Order—

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

“Clydebank” means the institution named Clydebank College being a college of further education prescribed under section 11(1) of the 1992 Act2;

“the Clydebank Board” means the Board of Management of Clydebank College established as a body corporate by section 11(2) of the 1992 Act, which is a charity entered in the Scottish Charity Register, charity number SC021185.

“enactment” has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 20103;
“Reid Kerr” means the institution named Reid Kerr College being a college of further education prescribed under section 11(1) of the 1992 Act4; and

“the Reid Kerr Board” means the Board of Management of Reid Kerr College established as a body corporate by section 11(2) of the 1992 Act.

Transfer of property, rights, liabilities and obligations3.

(1)

All property, rights, liabilities and obligations of the Reid Kerr Board are transferred to and vested in the Clydebank Board.

(2)

Any reference to Reid Kerr or the Reid Kerr Board in any instrument is to be construed as a reference to Clydebank or the Clydebank Board as may be appropriate.

(3)

Any action or proceeding by or against the Reid Kerr Board pending or current, immediately before this Order comes into force, may be continued by or against the Clydebank Board.

(4)

For the purposes of this article, “instrument” does not include enactment.

Property provided with grand aid4.

Where the Grant-aided Colleges (Scotland) Grant Regulations 19895 applied to the Reid Kerr Board in respect of any land or buildings immediately before they were transferred by this Order, those Regulations apply to the Clydebank Board in respect of such land and buildings.

Transfer of staff5.

(1)

All employees of the Reid Kerr Board are transferred to the Clydebank Board and the contract of employment of each such employee has effect as if originally made between each such employee and the Clydebank Board.

(2)

In particular—

(a)

all the rights, powers, duties and liabilities of the Reid Kerr Board under or in connection with a contract to which paragraph (1) applies are, by virtue of this paragraph, transferred to the Clydebank Board; and

(b)

anything done before the transfer referred to in paragraph (1) by or in relation to the Reid Kerr Board in respect of that contract or the employee is deemed, on and after that transfer, to have been done by or in relation to the Clydebank Board.

(3)

Paragraphs (1) and (2) are without prejudice to any right of an employee to terminate their contract of employment if the terms and conditions of employment are changed substantially to the detriment of that employee, but such change is not to be taken to have occurred by reason only of the fact that the employer under that employee’s contract of employment is changed by virtue of this article.

(4)

Paragraphs (1) and (2) apply to a person who has entered into a contract of employment with the Reid Kerr Board, which is to come into effect after the coming into force of this article and who would, if the contract had come into effect before that date, have been an employee to whom those paragraphs would have applied.

Closure of institution6.

Reid Kerr is closed and the Reid Kerr Board is wound up and dissolved.

MICHAEL RUSSELL
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

On 1st August 2013 Reid Kerr College will cease to exist.

This Order transfers the whole property, rights, liabilities and obligations of the Board of Management of Reid Kerr College to the Board of Management of Clydebank College (article 3). It makes consequential provisions regarding property provided with the aid of a grant (article 4). It provides for the staff of Reid Kerr College to transfer to employment with Clydebank College without a break in their employment (article 5). It provides for Reid Kerr College to be closed and its Board of Management to be wound up and dissolved (article 6).