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Welsh Statutory Instruments

2010 No. 1368 (W.118)

EDUCATION, WALES

The Gower College Swansea (Incorporation) Order 2010

Made

25 April 2010

Laid before the National Assembly for Wales

29 April 2010

Coming into force

20 May 2010

This Order is made in exercise of the powers conferred on the Secretary of State by sections 16(1)(a) and 17 of the Further and Higher Education Act 1992(1) (“the Act”) and now exercisable by the Welsh Ministers(2).

The Welsh Ministers have published a draft and summary of this Order in accordance with section 51(3)(3) (4) of the Act and the Further Education Corporations (Publication of Draft Orders) (Wales) Regulations 2007(5).

Accordingly, the Welsh Ministers make the following Order:

Title and commencement

1.  The title of this Order is the Gower College Swansea (Incorporation) Order 2010 and it comes into force on 20 May 2010.

New Corporation

2.  On 20 May 2010 a body corporate called Gower College Swansea is to be established, for the purposes of establishing and conducting from the operative date a new educational institution of the same name.

Operative date

3.  The operative date appointed in relation to Gower College Swansea is 20 August 2010, and the corporation is to conduct the educational institution of Gower College Swansea from that date.

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

25 April 2010

Explanatory Note

(This note is not part of the Order)

This Order establishes a further education corporation called “Gower College Swansea” under section 16(1)(a) of the Further and Higher Education Act 1992 (“the Act”) for the purpose of conducting the educational institution of the same name. The Order also provides for the appointment of 20 August 2010 as the operative date for the purposes of Part 1 of the Act, being the date from which Gower College Swansea is to conduct the educational institution of the same name.

A draft and summary of this Order have been published in accordance with section 51(3) of the Act and the Further Education Corporations (Publication of Draft Orders) (Wales) Regulations 2007.

(1)

1992 c. 13; section 16 of the Further and Higher Education Act 1992 was amended by section 140(3) of and Schedule 31 to the School Standards and Framework Act 1998; by section 111(1) of the Learning and Skills Act 2000 (c. 21); and by section 14 of the Further Education and Training Act 2007 (c. 25) but at the time of making this Order that provision had not been commenced. Section 17 of the Further and Higher Education Act 1992 was amended by section 44(1) of and paragraph 7 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30); and by section 14 of the Further Education and Training Act 2007 but at the time of making this Order that provision had not been commenced.

(2)

The functions of the Secretary of State under sections 16(1)(a) and 17 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).

(3)

Section 51(3) of the Further and Higher Education Act 1992 was amended by article 9(1) of and paragraphs 13 and 21 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 (W.243)); by section 111(2)(a) of the Learning and Skills Act 2000; and by section 16(1) and (3) of the Further Education and Training Act 2007 but at the time of making this Order that provision had not been commenced.

(4)

The functions of the Secretary of State under section 51(3) 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. 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.

(5)

S.I. 2007/854 (W.78).