The Barry College Further Education Corporation and Coleg Glan Hafren Further Education Corporation (Dissolution) Order 2011
The Welsh Ministers have consulted with Barry College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg y Barri”) and Coleg Glan Hafren Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Glan Hafren”), in accordance with section 27(7) of that Act.
Title and commencement1.
The title of this Order is the Barry College Further Education Corporation and Coleg Glan Hafren Further Education Corporation (Dissolution) Order 2011 and it comes into force on 1 August 2011.
Interpretation2.
In this Order—
- “the Act” (“y Ddeddf”) means the Further and Higher Education Act 19926; and
“the Old Corporations” (“yr Hen Gorfforaethau”) means Barry College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg y Barri”) and Coleg Glan Hafren Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Glan Hafren”).
Dissolution and transfer3.
On 1 August 2011 each of the Old Corporations is dissolved and all of their property, rights and liabilities are transferred in accordance with section 27(2) of the Act to the Cardiff and Vale College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Caerdydd a'r Fro”), being a body corporate established for purposes which include the provision of educational facilities or services.
Transfer of staff4.
Section 26(2), (3) and (4) of the Act applies to any person employed by the Old Corporations immediately before 1 August 2011 as if the references in that section to—
(a)
a person to whom that section applies were to a person so employed;
(b)
the operative date were to 1 August 2011;
(c)
the transferor were to such of the Old Corporations by whom the person is employed immediately before 1 August 2011; and
(d)
the corporation were to Cardiff and Vale College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Caerdydd a'r Fro”).
This Order dissolves the further education corporations established to conduct Barry College (“Coleg y Barri”) and Coleg Glan Hafren with effect from 1 August 2011. It provides for the transfer of the property, rights and liabilities of each corporation to Cardiff and Vale College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Caerdydd a'r Fro”) and secures the employment rights of the employees of the dissolved corporations by applying, with modifications, section 26(2) to (4) of the Further and Higher Education Act 1992 (“the Act”).
The application of section 26(2) to (4) of the Act has the effect of preserving the employment contracts of employees of the dissolved corporations as if the contracts of employment were originally made between the employees and the Cardiff and Vale College Further Education Corporation (“Corfforaeth Addysg Bellach Caerdydd a'r Fro”). The employees of the dissolved corporations will become employees of the Cardiff and Vale College Further Education Corporation (“Corfforaeth Addysg Bellach Coleg Caerdydd a'r Fro”) from 1 August 2011.
A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.