Citation and commencement

1. This Order may be cited as the Transfer of Colleges of Further Education (Scotland) Order 1992 and shall come into force for the purposes of articles 1, 2 and 3 on 1st September 1992 and for all other purposes on 1st April 1993.

Transfer of management of colleges of further education

2. The colleges of further education specified in Schedule 1 to this Order are hereby prescribed for the purposes of section 11(1) of the Further and Higher Education (Scotland) Act 1992.

Beginning of transitional period

3. For the purposes of section 34(3) of the Further and Higher Education (Scotland) Act 1992, the date with which the transitional period begins is hereby prescribed as 1st September 1992 for each college of further education specified in Schedule 1 to this Order.

Amendment of subordinate legislation

4. The provisions of the subordinate legislation specified in Schedule 2 to this Order are hereby amended as stated therein.

Article 2

SCHEDULE 1COLLEGES OF FURTHER EDUCATION TRANSFERRED

Aberdeen College of Further Education

Angus College of Further Education

Anniesland College

Ayr College

Banff and Buchan College of Further Education

Bell College of Technology

Borders College

Cambuslang College

Cardonald College

Central College of Commerce

Clackmannan College of Further Education

Clydebank College

Coatbridge College

Cumbernauld College

Dundee College of Further Education

Dumfries and Galloway College of Technology

Elmwood College

Falkirk College of Technology

Fife College of Technology

Glasgow College of Building and Printing

Glasgow College of Food Technology

Glasgow College of Nautical Studies

Glenrothes College

Inverness College

James Watt College

Jewel and Esk Valley College

John Wheatley College

Kilmarnock College

Langside College

Lauder College

Lews Castle College

Moray College of Further Education

Motherwell College

North Glasgow College

Coatridge Agricultural College

Perth College of Further Education

Reid Kerr College

Stevenson College

Stow College

Telford College

The Barony College

Thurso College

West Lothian College

Article 4

SCHEDULE 2AMENDMENT OF SUBORDINATE LEGISLATION

1. In the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979(2)-

(a)in regulation 3, in the definition of "educational establishment", for the words "or (h)" there shall be substituted

• ",(h) or (j)";

(b)in regulation 21(1), for the words "or (h)" there shall be substituted

• ",(h) or (j)";

(c)in regulation 21(3)-

(i)at the end of sub-paragraph (a), the word "and" shall be deleted;

(ii)at the end of sub-paragraph (b) for the full stop there shall be substituted

• "; and"; and

(iii)the following sub-paragraph shall be added:-

"(c)the date of closure of an educational establishment referred to in paragraph (j) of Schedule 1 shall be the date with effect from which the board of management of the establishment is dissolved by an Order made by virtue of section 25 of the Further and Higher Education (Scotland) Act 1992 and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 20(1) of these Regulations."; and

(d)at the end of Schedule 1-

(i)for the full stop there shall be substituted a semi-colon; and

(ii)the following paragraph shall be added:-

"(j)the board of management of a college of further education, which is managed by such a board in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

2. In the Teachers' (Compensation for Premature Retirement) (Scotland) Regulations 1980(3)-

(a)in regulation 3, in the definition of "educational establishment", for the words "or (d)" there shall be substituted

• ", (d) or (e)";

(b)in regulation 20(1), for the words "or (d)" there shall be substituted

• ", (d) or (e)";

(c)in regulation 20(3)-

(i)at the end of sub-paragraph (a), the word "and" shall be deleted;

(ii)at the end of sub-paragraph (b), for the full stop there shall be substituted

"; and"; and

(iii)the following sub-paragraph shall be added:-

"(c)the date of closure of an educational establishment referred to in paragraph (e) of Schedule 4 shall be the date with effect from which the board of management of the establishment is dissolved by an Order made by virtue of section 25 of the Further and Higher Education (Scotland) Act 1992, and where no provision has been made in such Order for the transfer of the obligation imposed upon that establishment under regulation 19 of these Regulations."; and

(d)in Schedule 4-

(i)at the end of paragraph (d) for the full stop there shall be substituted

"; and"; and

(ii)the following paragraph shall be added:-

"(e)The board of management of a college of further education, which is managed by such a board in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

3. In the Education (Fees and Awards) (Scotland) Regulations 1983(4) at the end of the definition of "further education establishment" in regulation 4(2), there shall be inserted the words "or managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992".

4. In the Local Government Superannuation (Scotland) Regulations 1987(5), there shall be inserted at the end of Part I of Schedule 3 the following paragraph:-

"5. A college of further education which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

5. In the Education (Access Funds) (Scotland) Regulations 1990(6), at the end of regulation 2-

(a)a semi-colon shall be substituted for the full stop; and

(b)the following sub-paragraph shall be added:-

"(e)a college of further education managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

6. In paragraph 3 of Part IV of the Schedule to the Taxes (Relief for Gifts) (Designated Educational Establishments) Regulations 1992(7)-

(a)at the end of sub-paragraph (a), the word "or" shall be deleted; and

(b)at the end of sub-paragraph (b)-

(i)the word ", or" shall be substituted for the full stop, and

(ii)the following sub-paragraph shall be added-

"(c)a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

7. In Schedule 2 to the Teachers' Superannuation (Scotland) Regulations 1992(8), the following paragraph shall be inserted after paragraph 4:-

"4A. Employment as a teacher in a college of further education which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992.".

Explanatory Note

(This note is not part of the Order)

This Order prescribes the colleges of further education to be transferred from the manage ment of education authorities to individual boards of management on 1st April 1993. It also prescribes 1st September 1992 as the date on which the transitional period (during which college councils will have certain additional powers) begins for college councils of colleges of further education so transferred and makes consequential amendments to subordinate legislation.