2011 No. 1038
Education, England

The St Mary’s College, Middlesbrough (Dissolution) Order 2011

Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 33N(1), (2) and (8) of the Further and Higher Education Act 19921 (“the 1992 Act”).
In accordance with section 33N(2) of the 1992 Act, Middlesbrough Borough Council have made a proposal that the sixth form college corporation established to conduct St Mary’s College, Middlesbrough2 (“St Mary’s corporation”) be dissolved and it appears to the Secretary of State that the requirements in section 33N(3) of that Act have been met in relation to the proposal3.
The Secretary of State has consulted St Mary’s corporation and the Young People’s Learning Agency for England4 in accordance with section 33N(9) of the 1992 Act, and in relation to section 33N(4) the governing body of Trinity Catholic College, Middlesbrough5 has consented to the transfer of St Mary’s corporation’s property, rights and liabilities.

Citation and commencement1.

This Order may be cited as the St Mary’s College, Middlesbrough (Dissolution) Order 2011 and comes into force on 31st July 2011.

Dissolution of the corporation of St Mary’s College, Middlesbrough2.

On 31st July 2011 the corporation of St. Mary’s College, Middlesbrough (“St Mary’s corporation”) is dissolved and its property, rights and liabilities are transferred to the governing body of Trinity Catholic College, Middlesbrough.

Transfer of staff3.

Section 26(1), (2), (3), (4), (7) and (8) of the Further and Higher Education Act 1992 applies to a contract of employment between a person employed by St Mary’s corporation immediately before 31st July 2011 and that corporation, as if—

(a)

the reference in subsection (1)–

(i)

to the operative date were a reference to 31st July 2011;

(ii)

to a further education corporation established to conduct an institution were a reference to St Mary’s corporation;

(iii)

to the transferor were a reference to St Mary’s corporation;

(iv)

the words in paragraph (b) “and is designated for the purposes of this section by an order made by the Secretary of State” were omitted;

(b)

the reference in subsection (2) to a person to whom section 26 applies were a reference to a person employed by St Mary’s corporation;

(c)

any reference in subsection (2) or (3)–

(i)

to the operative date were a reference to 31st July 2011;

(ii)

to the transferor were a reference to St Mary’s corporation;

(iii)

to the corporation were a reference to the governing body of Trinity Catholic College, Middlesbrough;

(d)

the reference in subsection (3) to a contract to which subsection (2) applies were a reference to a contract of employment between a person employed by St Mary’s corporation and that corporation;

(e)

the reference in subsection (4) to the change of employer effected by this section were a reference to the change of employer effected by this Order;

(f)

any reference in subsection (7) and (8) to the transferor were a reference to St Mary’s corporation.

Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
EXPLANATORY NOTE
(This note is not part of the Order)

This Order dissolves the sixth form corporation established to conduct St Mary’s College, Middlesbrough with effect from 31st July 2011. It provides for the transfer of its property, rights and liabilities to the governing body of Trinity Catholic College, Middlesbrough and secures the rights of its employees by applying, with modifications, section 26 of the Further and Higher Education Act 1992.

An impact assessment has not been prepared for this statement as it has no wider impact on the costs of business, charities or voluntary bodies. The impact on the public sector is minimal.