Citation and commencement

1.  This Order may be cited as the Cumbernauld College (Transfer and Closure) (Scotland) Order 2013 and comes into force on 1st November 2013.

Interpretation

2.  In this Order-

"the 1992 Act" means the Further and Higher Education (Scotland) Act 1992;

"Cumbernauld" means the institution named Cumbernauld College being a college of further education prescribed under section 11(1) of the 1992 Act(2);

"the Cumbernauld Board" means the Board of Management of Cumbernauld College established as a body corporate by section 11(2) of the 1992 Act;

"enactment" has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010(3);

"Motherwell" means the institution named Motherwell College being a college of further education prescribed under section 11(1) of the 1992 Act(4); and

"the Motherwell Board" means the Board of Management of Motherwell College established as a body corporate by section 11(2) of the 1992 Act, which is a charity entered in the Scottish Charity Register, charity number SC021206.

Transfer of property, rights, liabilities and obligations

3.-(1) All property, rights, liabilities and obligations of the Cumbernauld Board are transferred to and vested in the Motherwell Board.

(2) Any reference to Cumbernauld or the Cumbernauld Board in any instrument is to be construed as a reference to either Motherwell or the Motherwell Board as may be appropriate.

(3) Any action or proceeding by or against the Cumbernauld Board pending or current, immediately before this Order comes into force, may be continued by or against the Motherwell Board.

(4) For the purposes of this article, "instrument" does not include enactment.

Property provided with grant aid

4.  Where the Grant-aided Colleges (Scotland) Grant Regulations 1989(5) applied to the Cumbernauld Board in respect of any land or buildings immediately before they were transferred by this Order, those Regulations apply to the Motherwell Board in respect of such land and buildings.

Transfer of staff

5.-(1) All employees of the Cumbernauld Board are transferred to the Motherwell Board and the contract of employment of each such employee has effect as if originally made between each such employee and the Motherwell Board.

(2) In particular-

(a)all the rights, powers, duties and liabilities of the Cumbernauld Board under or in connection with a contract to which paragraph (1) applies are, by virtue of this paragraph, transferred to the Motherwell Board; and

(b)anything done before the transfer referred to in paragraph (1) by or in relation to the Cumbernauld Board in respect of that contract or the employee is deemed, on and after that transfer, to have been done by or in relation to the Motherwell Board.

(3) Paragraphs (1) and (2) are without prejudice to any right of an employee to terminate their contract of employment if the terms and conditions of employment are changed substantially to the detriment of that employee, but such change is not to be taken to have occurred by reason only of the fact that the employer under that employee's contract of employment is changed by virtue of this article.

(4) Paragraphs (1) and (2) apply to a person who has entered into a contract of employment with the Cumbernauld Board, which is to come into effect after the coming into force of this article and who would, if the contract had come into effect before that date, have been an employee to whom those paragraphs would have applied.

Closure of institution

6.  Cumbernauld is closed and the Cumbernauld Board is wound up and dissolved.

EXPLANATORY NOTE

(This note is not part of the Order)

On 1st November 2013 Cumbernauld College will cease to exist.

This Order transfers the whole property, rights, liabilities and obligations of the Board of Management of Cumbernauld College to the Board of Management of Motherwell College (article 3). It makes consequential provisions regarding property provided with the aid of a grant (article 4). It provides for the staff of Cumbernauld College to transfer to employment with Motherwell College without a break in their employment (article 5). It provides for Cumbernauld College to be closed and its Board of Management wound up and dissolved (article 6).