The Education (Thames Valley College of Higher Education Higher Education Corporatio) (Dissolution) Order 1991

Statutory Instruments

1991 No. 550

EDUCATION, ENGLAND AND WALES

The Education (Thames Valley College of Higher Education Higher Education Corporatio) (Dissolution) Order 1991

Made

8th March 1991

Laid before Parliament

11th March 1991

Coming into force

1st April 1991

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, Thames Valley College of Higher Education Higher Education Corporation(2) and the Polytechnics and Colleges Funding Council, and with the consent of Ealing College of Higher Education Higher Education Corporation, hereby makes the following Order:

1.  This Order may be cited as the Education (Thames ValIey College of Higher Education Higher Education Corporation) (Dissolution) Order 1991 and shall come into force on 1st April 1991.

2.  In this Order—

“the 1988 Order” means the Education (Higher Education Corporations) Order 1988(3);

“the Act” means the Education Reform Act 1988;

“the Corporation” means Thames Valley College of Higher Education Higher Education Corporation; and

“Ealing College” means Ealing College of Higher Education Higher Education Corporation.

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

(2) The property, rights and liabilities of the Corporation, including the property, rights and liabilities vested in the Corporation by section 126 of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, are hereby transferred to and shall vest in Ealing College.

(3) In particular any contract of employment between an employee and the Corporation (including a 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section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, has effect as if originally made between the employee to which it relates and the Corporation) shall have effect as if originally made between that employee and Ealing College.

(4) Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under or in connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to Ealing College and anything done before 1st April 1991 which was done, or 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 1991 to have been done by or in relation to Ealing College.

(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 of the change in employer effected by this article.

Kenneth Clarke

Secretary of State for Education and Science

8th March 1991

Explanatory Note

(This note is not part of the Order)

This Order dissolves the higher education corporation named Thames Valley College of Higher Education and transfers the property, rights and liabilities of that corporation to Ealing College of Higher Education Higher Education Corporation. Contracts of employment are included in the transfer and the Order contains supplemental provisions which provide continuity of employment of persons whose contracts are being transferred.

(1)

1988 c. 40.

(2)

Established under section 121 of the Education Reform Act 1988 by virtue of S.I. 1988/1799.

(3)

S.I. 1988/1799.