The Education (Harrow College of Higher Education Higher Education Corporation) (Dissolution) Order 1990

Statutory Instruments

1990 No. 482

EDUCATION, ENGLAND AND WALES

The Education (Harrow College of Higher Education Higher Education Corporation) (Dissolution) Order 1990

Made

7th March 1990

Laid before Parliament

8th March 1990

Coming into force

1st April 1990

In exercise of the powers conferred by section 128(1) and (2) and section 232(5) of the Education Reform Act 1988 (1)the Secretary of State for Education and Science, having consulted in accordance with subsection (4) of the said section 128 Harrow College of Higher Education Higher Education Corporation (2) and the Polytechnics and Colleges Funding Council, and with the consent of the Polytechnic of Central London, hereby makes the following Order:

1.  This Order may be cited as the Education (Harrow College of Higher Education Higher Education Corporation) (Dissolution) Order 1990 and shall come into force on 1st April 1990 immediately after the transfers under sections 126 and 127 of the Act, asthey apply in relation to the Corporation by virtue of the 1989 Order, have had effect.

2.  In this Order—

“the Act” means the Education Reform Act 1988;

“the Corporation” means Harrow College of Higher Education Higher Education Corporation;

“the 1989 Order” means the Education (Higher Education Corporations) (No.6) Order 1989 (3); and

“the Polytechnic” means the body corporate called the Polytechnic of Central London.

3.—(1) The Corporation is hereby dissolved.

(2) The property, rights and liabilities of the Corporation, including the property, rights and liabilities vestedin the Corporation by section 126 of the Act as it applies in relation to the Corporation by virtue of the 1989 Order, are hereby transferred to and shall vest in the Polytechnic.

(3) In particular any contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1989 Order, has effect as if originally made between the employee to which it relates and theCorporation shall have effect as if originally made between that employee and the Polytechnic.

(4) Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under orin connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Polytechnic, and anything done before 1st April 1990 which is deemed by virtue of section 127(3)(b) of the Act to have been done by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1990 to have been done by or in relation to the Polytechnic.

(5) Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only ofthe change in employer effected by those paragraphs.

John MacGregor

Secretary of State for Education and Science

7th March 1990.

Explanatory Note

(This note is not part of the Order)

This Order dissolves the higher education corporation named Harrow College of Higher Educationand transfers the property, rights and liabilities of that corporation to the Polytechnic of Central London. Contracts of employment are included in the transfer,and the Order contains supplemental provisions which provide continuity of employment for the of the persons whose contracts are being transferred. Certain property rightsand liabilities are transferred from the London Borough of Harrow Local Education Authority to the Harrow CHE Higher Education Corporation under sections 126and 127 of the Education Reform Act 1988 on 1st April 1990 by virtue of the Education (Higher Education Corporations) (No.6) Order 1989. The transfer effected by this Order takes effect on that date immediately after that transfer.50p net

(1)

1988 c. 40

(2)

Established under section 122 of the Education Reform Act 1988 by virtue of S.I. 1989/2242

(3)

S.I. 1989/2242