The Lews Castle College (Transfer and Closure) (Scotland) Order 2023

law://uk/ssi/2023/171@2026-11-12

Contents

Article 1Citation and commencement#

This Order may be cited as the Lews Castle College (Transfer and Closure) (Scotland) Order 2023 and comes into force on 1 August 2023.

Article 2Interpretation#

In this Order—• “the 1992 Act” means the Further and Higher Education (Scotland) Act 1992,• “Lews Castle” means the college of further education prescribed under section 11(1) of the 1992 Act named Lews Castle College,• “the Lews Castle Board” means the Board of Management of Lews Castle College established as body corporate by section 11(2) of the 1992 Act,• “North Highland” means the college of further education prescribed under section 11(1) of the 1992 Act named The North Highland College,• “the North Highland Board” means the Board of Management of The North Highland College established as a body corporate by section 11(2) of the 1992 Act.

Article 3Transfer of property, rights, liabilities and obligations#

(1)All property, rights, liabilities and obligations of the Lews Castle Board are transferred to and vested in the North Highland Board.

(2)Any reference to Lews Castle or the Lews Castle Board in any instrument is to be construed as a reference to either North Highland or the North Highland Board as may be appropriate.

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

(4)For the purpose of this article—

(a)“instrument” does not include enactment, and

(b)“enactment” has the meaning given in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Article 4Property provided with grant aid#

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

Article 5Transfer of staff#

(1)All employees of the Lews Castle Board are transferred into the employment of the North Highland Board.

(2)The contract of employment of a person who transfers by virtue of paragraph (1)—

(a)is not terminated by the transfer, and

(b)has effect from the date of transfer as if originally made between the person and the North Highland Board.

(3)Without prejudice to paragraph (2)—

(a)all the rights and obligations of the Lews Castle Board under, or in connection with, a contract of employment are transferred to the North Highland Board, and

(b)anything done before this Order has effect, by or in relation to the Lews Castle Board in respect of such a contract, is deemed to have been done by or in relation to the North Highland Board.

(4)This article does not affect the right of any person to terminate their contract of employment if the terms and conditions of employment are changed substantially to the detriment of that person, but such a change is not to be taken to have occurred by reason only of the fact that the person’s employer is changed by virtue of this article.

Article 6Closure of college of further education#

Lews Castle is closed and the Lews Castle Board is wound up and dissolved.

Contains public sector information licensed under the Open Government Licence v3.0.

The Lews Castle College (Transfer and Closure) (Scotland) Order 2023

The Lews Castle College (Transfer and Closure) (Scotland) Order 2023

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Transfer of property, rights, liabilities and obligations#

Article 4Property provided with grant aid#

Article 5Transfer of staff#

Article 6Closure of college of further education#

Defined terms · 6

Connections

History · 1 version

Key facts

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Transfer of property, rights, liabilities and obligations#

Article 4Property provided with grant aid#

Article 5Transfer of staff#

Article 6Closure of college of further education#