Citation and commencement

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

Interpretation

2.  In this Order-

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

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

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

"Cardonald" means the institution named Cardonald College being a college of further education prescribed under section 11(1) of the 1992 Act(3);

"the Cardonald Board" means the Board of Management of Cardonald 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 SC021182;

"enactment" has the meaning given in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010(4);

"Langside" means the institution named Langside College being a college of further education prescribed under section 11(1) of the 1992 Act(5); and

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

Transfer of property, rights, liabilities and obligations

3.-(1) All property, rights, liabilities and obligations of each of the Anniesland Board and the Langside Board are transferred to and vested in the Cardonald Board.

(2) Any references to Anniesland, the Anniesland Board, Langside or the Langside Board in any instrument are to be construed as a reference to either Cardonald or the Cardonald Board as may be appropriate.

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

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

Property provided with grand aid

4.  Where the Grant-aided Colleges (Scotland) Grant Regulations 1989(6) applied to either of the Anniesland Board or the Langside Board in respect of any land or buildings immediately before they were transferred by this Order, those Regulations apply to the Cardonald Board in respect of such land and buildings.

Transfer of staff

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

(2) In particular-

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

(b)anything done before the transfer referred to in paragraph (1) by or in relation to each of the Anniesland Board and the Langside 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 Cardonald 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 either of the Anniesland Board or the Langside 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 institutions

6.  Anniesland and Langside are closed and each of the Anniesland Board and the Langside Board is wound up and dissolved.

EXPLANATORY NOTE

(This note is not part of the Order)

On 1st August 2013 Anniesland College and Langside College will both cease to exist.

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