The Coleg Menai Further Education Corporation (Dissolution) Order 2012

Welsh Statutory Instruments

2012 No. 631 (W.88)

EDUCATION, WALES

The Coleg Menai Further Education Corporation (Dissolution) Order 2012

Made

29 February 2012

Laid before the National Assembly for Wales

2 March 2012

Coming into force

1 April 2012

This Order is made in exercise of the powers conferred on the Secretary of State by section 27 of the Further and Higher Education Act 1992(1) (“the Act”) and now exercisable by the Welsh Ministers(2).

In accordance with section 27(2) of the Act, Llandrillo College Further Education Corporation(3) has consented to the transfer of the property, rights and liabilities of Coleg Menai Further Education Corporation(4).

The Welsh Ministers have consulted with Coleg Menai Further Education Corporation in accordance with section 27(7) of the Act.

Accordingly, the Welsh Ministers make the following Order:

Title and commencement

1.  The title of this Order is the Coleg Menai Further Education Corporation (Dissolution) Order 2012 and it comes into force on 1 April 2012.

Dissolution and transfer

2.  On 1 April 2012 Coleg Menai Further Education Corporation is dissolved and its property, rights and liabilities are transferred to Llandrillo College Further Education Corporation, being a body corporate established for purposes which include the provision of educational facilities or services.

Transfer of staff

3.  Section 26(2), (3) and (4) of the Act applies to any person employed by Coleg Menai Further Education Corporation immediately before 1 April 2012 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 April 2012;

(c)the transferor were to Coleg Menai Further Education Corporation; and

(d)the corporation were to Llandrillo College Further Education Corporation.

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

29 February 2012

Explanatory Note

(This note is not part of the Order)

This Order dissolves the further education corporation established to conduct the educational institution called Coleg Menai Further Education Corporation with effect from 1 April 2012. It provides for the transfer of its property, rights and liabilities to Llandrillo College Further Education Corporation and secures the rights of its employees by applying, with modification, section 26(2) to (4) of the Further and Higher Education Act 1992 (c. 13).

(1)

1992 c. 13; section 27 was amended by S.I. 2005/3238 (W. 243), article 9 and Schedule 1, paragraphs 13 and 16; and by S.I. 2010/1080 article 2 and Schedule 1, paragraphs 18 and 19.

(2)

The functions of the Secretary of State under section 27 of the Further and Higher Education Act 1992 were transferred to the National Assembly for Wales by virtue of S.I. 1999/672, article 2 and Schedule 1. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

Established as Llandrillo Technical College by the Education (Further Education Corporations) Order 1992 (S.I. 1992/2097). The name was changed to Llandrillo College with effect from 1 August 1994.

(4)

Established by the Education (Further Education Corporations) Order 1994 (S.I. 1994/1449).