Statutory Instrument 1991 No. 2155

The Education (South West London College Higher Education Corporation) (Dissolution) Order 1991

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© Crown Copyright 1991

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1991 No. 2155

EDUCATION, ENGLAND AND WALES

The Education (South West London College Higher Education Corporation) (Dissolution) Order 1991

In exercise of the powers conferred by section 128(1) and (2) and section 232(5) of the Education Reform Act 1988^[1] the Secretary of State for Education and Science, having consulted, in accordance with subsection (4) of the said section 128, South West London College Higher Education Corporation^[2] and the Polytechnics and Colleges Funding Council, and with the consent of City of London Polytechnic, Kingston Polytechnic Higher Education Corporation ^[2] , The Polytechnic of Central London, The Polytechnic of North London, South Bank Polytechnic, The Thames Polytechnic and the Council of the London Borough of Wandsworth, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Education (South West London College Higher Education Corporation) (Dissolution) Order 1991 and shall come into force on 1st October 1991.

Interpretation
    2.—(1)  In this Order—

"the 1988 Order" means the Education (Higher Education Corporations) Order 1988 ^[3];


"the Act" means the Education Reform Act 1988;


"the Corporation" means South West London College Higher Education Corpora tion; and


"the PCFC" means the Polytechnics and Colleges Funding Council established under section 132 of the Act.

    (2)  In this Order references to City of London Polytechnic, The Polytechnic of Central London, The Polytechnic of North London, South Bank Polytechnic and The Thames Polytechnic are references to the bodies corporate known by those names.

    (3)  In this Order a reference to liabilities in respect of inherited debt is a reference to liabilities in respect of loans which became liabilities of the Corporation by virtue of section 199 of the Act.

Dissolution
    3.    The Corporation is hereby dissolved.

Land
    4.    All interests, rights and liabilities of the Corporation in the land specified in column (2) of the Schedule to this Order shall vest in the person specified opposite thereto in column (1) of that Schedule.

Transfer to City of London Polytechnic
    5.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex I: City of London Polytechnic" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and City of London Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading "Moveable Assets" in the said document and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading "Pension-Related Liabilities" in the said document shall transfer to and vest in City of London Polytechnic.

Transfer to Kingston Polytechnic Higher Education Corporation
    6.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex J: Kingston Polytechnic" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and Kingston Polytechnic Higher Education Corporation shall transfer to and vest in Kingston Polytechnic Higher Education Corporation.

Transfer to The Polytechnic of Central London
    7.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex K: Polytechnic of Central London" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Polytechnic of Central London, shall transfer to and vest in The Polytechnic of Central London.

Transfer to The Polytechnic of North London
    8.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex L: Polytechnic of North London" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Polytechnic of North London shall transfer to and vest in The Polytechnic of North London.

Transfer to South Bank Polytechnic
    9.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex M: South Bank Polytechnic" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and South Bank Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading "Moveable Assets" in the said document and all liabilities of the Corporation in respect of inherited debt and compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading "Pension-Related and inherited debt Liabilities" in the said document shall transfer to and vest in South Bank Polytechnic.

Transfer to The Thames Polytechnic
    10.    All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading "Students" in a document entitled "Dissolution of South West London College Annex N: Thames Polytechnic" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Thames Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading "Moveable Assets" in the said document and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading "Pension-Related Liabilities" in the said document shall transfer to and vest in The Thames Polytechnic.

Transfer to the Council of the London Borough of Wandsworth
    11.    All property rights and liabilities of the Corporation in the assets listed under the heading "Moveable Assets" in a document entitled "Dissolution of South West London College Annex O: London Borough of Wandsworth" dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and the London Borough of Wandsworth and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading "Pension-Related Liabilities" in the said document shall transfer to and vest in the Council of the London Borough of Wandsworth.

Records
    12.—(1)  All records held by the Corporation relating exclusively to land or other property transferred by this Order shall vest in the person to whom such property is so transferred.

    (2)  All records held by the Corporation relating exclusively to any person in relation to whom rights or liabilities or both are transferred by this Order shall vest in the person to whom such rights or liabilities or both are so transferred.

Residue
    13.    Any property, rights and liabilities of the Corporation not otherwise transferred by this Order shall transfer to and vest in the PCFC.

Continuity
    14.—(1)  All contracts, deeds, bonds, agreements or other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given by, or to, the Corporation in respect of any property, rights or liabilities ("transferred matters") transferred by this Order shall be of full force and effect in favour of, or against, the person ("the transferee") to which such matters are so transferred.

    (2)  Any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the Corporation and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.

Charitable Trust
    15.    Property transferred to the Council of the London Borough of Wandsworth is transferred on trust to be used for charitable purposes for the advancement of education at South Thames College of Further Education.

Kenneth Clarke

Secretary of State for Education and Science

27th September 1991

[1] 1988 c. 40. back

[2] Established under section 121 of the Education Reform Act 1988 by virtue of S.I. 1988/1799. back

[3] S.I. 1988/1799. back

Explanatory Note