The Cardiff and Vale College (Incorporation) Order 2011

Welsh Statutory Instruments

2011 No. 659 (W.97)

EDUCATION, WALES

The Cardiff and Vale College (Incorporation) Order 2011

Made

7 March 2011

Laid before the National Assembly for Wales

8 March 2011

Coming into force

8 April 2011

This Order is made in exercise of the powers conferred on the Secretary of State by sections 16(1)(a) and 17 of the Further and Higher Education Act 1992(1) and now exercisable by the Welsh Ministers(2).

The Welsh Ministers have published a draft and summary of this Order in accordance with section 51(3)(3) of the Further and Higher Education Act 1992 and the Further Education Corporations (Publication of Draft Orders) (Wales) Regulations 2007(4).

Accordingly, the Welsh Ministers make the following Order:

Title and commencement

1.  The title of this Order is the Cardiff and Vale College (Incorporation) Order 2011 and it comes into force on 8 April 2011.

New Corporation

2.  On 8 April 2011 a body corporate called Cardiff and Vale College is to be established, for the purposes of establishing and conducting from the operative date a new educational institution of the same name.

Operative date

3.  The operative date appointed in relation to Cardiff and Vale College is 1 August 2011, and the corporation is to conduct the educational institution of Cardiff and Vale College from that date.

Leighton Andrews

Minister of Children, Education and Lifelong Learning, one of the Welsh Ministers

7 March 2011

Explanatory Note

(This note is not part of the Order)

This Order establishes a further education corporation called “Cardiff and Vale College” under section 16(1)(a) of the Further and Higher Education Act 1992 (“the Act”) for the purpose of conducting the educational institution of the same name. The Order also provides for the appointment of 1 August 2011 as the operative date for the purposes of Part 1 of the Act, being the date from which Cardiff and Vale College is to conduct the educational institution of the same name.

A draft and summary of this Order have been published in accordance with section 51(3) of the Act and the Further Education Corporations (Publication of Draft Orders) (Wales) Regulations 2007.

(1)

1992 c. 13; section 16 of the Further and Higher Education Act 1992 was amended by section 140(3) of and Schedule 31 to the Schools Standards and Framework Act 1998 (c. 31); and by section 111(1) of the Learning and Skills Act 2000 (c. 21). Section 17 of the Further and Higher Education Act 1992 was amended by paragraph 7 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30).

(2)

The functions of the Secretary of State under sections 16(1)(a) and 17 of the Further and Higher Education Act 1992 were transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

Section 51(3) of the Further and Higher Education Act 1992 (c. 13) was amended by article 9(1) of and paragraphs 13 and 21 of Schedule 1 to the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238 (W.243)); by section 111(2)(a) of the Learning and Skills Act 2000 (c. 21); and by article 2(1) of and paragraphs 18 and 21(c) and (d) of Schedule 1 to the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080). The functions of the Secretary of State under section 51(3) of the Further and Higher Education Act 1992 were transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

S.I. 2007/854 (W.78) amended by S.I. 2010/1142 (W.101).