1. This Order may be cited as the North Derbyshire Tertiary College (Dissolution) Order 2002 and shall come into force on 1st December 2002.

2. On 31st December 2002 the corporation shall be dissolved and—

(a) all of the corporation’s property, rights and liabilities specified in Part 1 of the Schedule to this Order shall be transferred to Chesterfield College;

(b) all of the corporation’s property, rights and liabilities specified in Part 2 of the Schedule to this Order shall be transferred to North Nottinghamshire College;

(c) all of the corporation’s property, rights and liabilities specified in Part 3 of the Schedule to this Order shall be transferred to The Derbyshire County Council; and

(d) all other property, rights and liabilities belonging to the corporation shall be transferred to the Council.

3. Section 26(1) to (5) of the Act shall apply to any person employed by the corporation immediately before 31st December 2002—

(a) as if for subsection (1) there were substituted the following subsection—

“ (1) This section applies to any person who immediately before 31st December 2002 is employed by the corporation to work at North Derbyshire Tertiary College and is designated for the purposes of this section by an order made by the Secretary of State ” ; and

(b) as if the references in subsections (2) to (4)—

(i) to the operative date were to 31st December 2002;

(ii) to the transferor were to the corporation; and

(iii) to the corporation were to whichever of Chesterfield College, North Nottinghamshire College or The Derbyshire County Council as is specified in an Order made under section 26(1) of the Act as so modified.

4. The property transferred to The Derbyshire County Council in accordance with Regulation 2(c) above shall be held by it upon trust for the provision of education within the County of Derbyshire with power for it to dispose by sale or letting of any such property in accordance with the requirements of the Charities Act 1993( 5 ) and to apply all monies received whether capital or income to such provision.

Regulation 2

SCHEDULE

PART 1 Property, Rights and Liabilities to be transferred to Chesterfield College

1. The interests and associated rights and liabilities of the corporation in the premises being:

(i) Clowne College; and

(ii) Cresswell Community Learning Opportunity Centre and Markland site.

2. All other property, rights and liabilities of the Corporation used enjoyed and incurred by it to deliver further education and associated services from the premises as described above or arising therefrom.

PART 2 Property, Rights and Liabilities to be transferred to North Nottinghamshire College

3. The interest and associated rights and liabilities of the corporation in the premises being The Community Learning Opportunity Centre at Kiveton and Wales.

4. All other property, rights and liabilities of the Corporation used enjoyed and incurred by it to deliver further education and associated services from the premises as described above or arising therefrom.

PART 3 Property, Rights and Liabilities to be transferred to Derbyshire County Council

5. The interests and associated rights and liabilities of the corporation in the premises being:

(a) The Community Learning Opportunity Centre sites at:

(i) Bolsover;

(ii) Whaley Thorns;

(iii) Clay Cross;

(iv) Carr Vale;

(v) Killamarsh; and

(vi) Shirebrook; and

(b) Manor College Chesterfield.

6. All other property, rights and liabilities of the corporation used enjoyed and incurred by it to deliver adult community education and associated services from the premises as described above or arising therefrom.