Parliamentary portcullis Session 2010-12
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Arrangement of Clauses (Contents)

University of Wales: Trinity Saint David Bill

 


EXPLANATORY MEMORANDUM

This Bill is promoted by the University of Wales:Trinity Saint David ("the University") and the University of Wales for the purpose of providing that the University of Wales will cease to exist as a separate body corporate and will be united with the University having the same body corporate as the University.

The Bill also provides for the revocation of the Royal Charters by which the University of Wales was incorporated and is governed; and transfers to the University all the rights, properties, assets and obligations belonging to the University of Wales.

The Bill will give effect to the recommendations made to the Minister of Education and Skills by the Higher Education Funding Council for Wales.

PART 1

PRELIMINARY

Clause 1 gives a short title for the intended Act.

Clause 2 contains definitions of terms used in the Bill.

PART 2

UNIVERSITY OF WALES TO BE INCORPORATED WITH UNIVERSITY AND TRANSFER OF FUNCTIONS AND PROPERTY, ETC., TO UNIVERSITY

Clause 3 provides, on the appointed day, for the University of Wales to cease to exist as a separate body corporate and to be incorporated in, and to have the same body corporate as, the University. It also provides for the revocation of the Royal Charters by which the University of Wales was incorporated and is governed.

Clause 4 provides for the transfer to the University of all property, rights, interests and functions of the University of Wales. The clause also provides for the intellectual property so transferred to be valued at one pound.

Clause 5 provides for the transfer to the University of all debts and obligations of the University of Wales.

Clause 6 contains saving provisions for agreements and other matters (including actions and proceedings and causes of actions or proceedings), existing or pending in favour of or against the University of Wales immediately before the appointed day so that the University will become a party to any such agreement or matter in place of the University of Wales.

Clause 7 provides for every member of staff of the University of Wales to become a member of staff of the University in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006; and to have continuity of employment.

Clause 8 provides for any scheme, will or deed in favour of the University of Wales to be read and have effect as if the University were named therein instead of the University of Wales.

Clause 9 transfers to the University certain powers of the University of Wales to appoint or nominate members of educational, charitable or other institutions.

Clause 10 provides that if a scheme, will, deed or other instrument creating a trust, which is to be transferred to the University by the Bill, contains a provision restricting or excluding the general power of investment provided under the Trustee Act 2000, that provision shall cease to apply after the appointed day. The clause also provides for the University to hold the funds of any trust which should fail or be determined absolutely for the University's general charitable purposes.

PART 3

MISCELLANEOUS

Clause 11 restricts the future use of the names University of Wales and UWIST.

Clause 12 allows the University of Wales to produce final accounts which are for a period greater than one year ending on the appointed day.

EUROPEAN CONVENTION ON HUMAN RIGHTS

In the view of the University and the University of Wales the provisions of the University of Wales:Trinity Saint David Bill are compatible with the Convention rights.


 
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