Statutory Instruments made by the National Assembly for Wales
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The Coleg Llysfasi College Further Education Corporation (Dissolution) Order 2010
Made
6 July 2010
Laid before the National Assembly for Wales
8 July 2010
Coming into force
1 August 2010
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) and now exercisable by the Welsh Ministers(2).
In accordance with section 27(2) of that Act, Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy)(3) has consented to the transfer of the property, rights and liabilities of Coleg Llysfasi College Further Education Corporation(4).
The Welsh Ministers have consulted with Coleg Llysfasi College Further Education Corporation in accordance with section 27(7) of that Act.
Accordingly, the Welsh Ministers make the following Order:
Title and commencement
1. The title of this Order is the Coleg Llysfasi College Further Education Corporation (Dissolution) Order 2010 and it comes into force on 1 August 2010.
Dissolution and Transfer
2. On 1 August 2010 Coleg Llysfasi College Further Education Corporation is dissolved and its property, rights and liabilities are transferred to Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy), being a corporate body wholly or mainly engaged in the provision of educational facilities or services.
Transfer of Staff
3. Section 26(2), (3) and (4) of the Further and Higher Education Act 1992 applies to any person employed by Coleg Llysfasi College Further Education Corporation immediately before 1 August 2010 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 2010;
(c) the transferor were to Coleg Llysfasi College Further Education Corporation; and
(d) the corporation were to Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy).
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
6 July 2010
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 Llysfasi College with effect from 1 August 2010. It provides for the transfer of its property, rights and liabilities to Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy) 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).
1992 c. 13; section 27 of the Further and Higher Education Act 1992 was amended by article 9 of and paragraphs 13 and 16(a)-(c) 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); by section 29 of and paragraphs 6 and 8 of Schedule 1 to the Further Education and Training Act 2007 (c. 25); by section 30 of and Schedule 2 to the Further Education and Training Act 2007 but at the time of making this Order those provisions had not been commenced; and by article 2 of and paragraphs 18 and 19 of Schedule 1 to the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080). Back [1]
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 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 transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Back [2]