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Explanatory Note

(This note is not part of the Regulations)

On 1st April 1993 the Scottish Higher Education Funding Council take over responsibility for funding higher education in Scotland. The Secretary of State will accordingly cease to pay grants to the institutions known formerly as grant-aided colleges and now as designated institutions. These Regulations are consequential on this change.

The Regulations revoke the provisions of the Grant-aided Colleges (Scotland) Grant Regulations 1989 (“the principal Regulations”) which enable grant to be paid, so no grants will be payable from 1st April 1993. They also revoke the provisions as to conditions of grant and requirements relating to grant which it is not considered apt to retain from 1st April 1993.

The Regulations, however, leave in force, in relation to grants already paid under the principal Regulations or earlier Regulations, the requirements, imposed by Regulations 8 and 9 of the principal Regulations, intended to protect the Exchequer’s interest in publicly funded assets. The Secretary of State’s prior approval will still be needed for disposals of land or buildings provided, improved or maintained with the aid of grant. Building works on land or buildings provided or improved with the aid of grant will also still require his approval, and if such land or buildings are sold, a portion of the proceeds will still need to be paid to the Secretary of State.

The amendment of regulation 2, and revocation of regulation 12, of the principal Regulations are consequential on changes in the subordinate legislation governing designated institutions.