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ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - LONG TITLE

An Act to make provision for the establishment of Governors of an
Ulster College for further education; and for purposes connected with
that matter.
[4th July 1968]
Establishment of Governors of Ulster Polytechnic.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 1

1.(1) There shall be established by regulations made by the Ministry
a body corporate to be called the Governors of the [Ulster
Polytechnic] (in this Act referred to as "the Governors").

(2) Section 19 of the Interpretation Act (Northern Ireland) 1954
shall apply to the Governors.

(3) Regulations made under this section shall include provisions as
to the functions and the constitution of the Governors.

[(4) The Department may, after consultation with the Governors, by
order subject to affirmative resolution, make such change regarding
the name by which the Governors are to be called as the Department
thinks desirable and such order may make such amendment of any
statutory provision as is necessary in consequence of such further
change.

(5) No defect in the qualification or appointment of any person
acting as a Governor or as a member of any committee of the
Governors shall invalidate any proceedings of the Governors or of
any such committee in which he has taken part.

(6) Subject to the provisions of any regulations made under this
section as to quorum, the Governors may act notwithstanding any
vacancy in their number or any vacancy in, or non-appointment to,
any post carrying with it the office of Governor and notwithstanding
that the full number of Governors cannot for any reason be
constituted.

(7) The Governors shall comply with any directions of the
Department, given after consultation with them, as to the number of
students of different categories to be admitted in any period to
any course of instruction provided by them for the training of
teachers or as to the discontinuance of any such course.

(8) In subsection (4) "statutory provision" has the same meaning as
in section 1(f) of the Interpretation Act (Northern Ireland) 1954.]

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 2
Execution and operation of vesting agreements.

2.(1) The Ministry and the Corporation are hereby authorised and
empowered to enter into agreements (in this Act respectively referred
to as "the first and second vesting agreements") in the terms of
the drafts set out in Parts I and II of Schedule 1.

Subs.(2)(5) rep. by SLR 1980

S.3 rep. by SLR 1980

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 4
Exemption of vesting agreement from stamp duty.

4.(1) Section 12 of the Finance Act 1895 shall not operate to
require the delivery to the Ministry of Finance of a copy of this
Act or the payment of stamp duty under that section on any copy
of this Act.

(2) Stamp duty shall not be chargeable on the vesting agreements.

(3) Section 9 of the Finance Act (Northern Ireland) 1936 shall not
apply to the vesting agreements.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 5
Provisions consequential on the vesting agreements.

5.(1) On the appointed day the Ministry shall be substituted for
the transferor for the purposes of any legal proceedings pending
immediately before that day in relation to any movable property or
any Belfast land vested in the Ministry by virtue of this Act and
the proceedings shall not abate by reason of the substitution.

(2) In the construction and for the purposes of any enactment
passed or document made before the appointed day, any reference
which relates to the transferor or relates to or affects the
movable property or Belfast land vested in the Ministry by virtue
of this Act shall be construed as a reference to the Ministry so
far as is necessary for the purpose of or in consequence of that
vesting.

(3) Subsections (1) and (2) shall, on the date on which the
Ministry causes a copy of the second vesting agreement to be lodged
with the registering authority under the Local Registration of Title
(Ireland) Act 1891, have effect in relation to the Jordanstown land
as they have effect in relation to the Belfast land with the
substitution of references to that date and that land for references
to the appointed day and the Belfast land, respectively.

(4) Any bequest, gift or trust in favour of the Corporation for
the purposes of the college of art or the college of domestic
science shall on the appointed day be construed and have effect as
if the Ministry had been named or referred to therein instead of
the Corporation, whether the bequest, gift or trust is made,
regulated or constituted by any will, scheme, deed or document or
in any other manner, and any such bequest, gift or trust shall be
held by the Ministry for the same purposes of the [Ulster
Polytechnic] as the purposes of the college of art or college of
domestic science for which it is being, or is to be, applied.

(5) Subsection (4) shall have effect whether the bequest, gift or
trust is made or executed, or takes effect, before or after the
appointed day.

(6) Any property, whether movable or immovable, vested in the
Ministry under this Act shall be held by the Ministry for the
purposes for which the Governors are constituted, but the Ministry
may, if it thinks fit, transfer any such movable property to the
Governors.

(7) In this section

"Belfast land" means the land described in the first vesting
agreement;

"Jordanstown land" means the land described in the second vesting
agreement; and

"the transferor" means the Corporation in relation to any property
vested in the Ministry by virtue of section 2(2) or (3) or 3(1)
and the Ministry of Finance in relation to any land vested in the
Ministry by section 2(4).

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 6
Existing staff of certain colleges.

6.(1) Any person who

(a)is employed

(i)by the Corporation for the whole of his time for purposes wholly
or mainly connected with the college of art, the college of
domestic science or the college of technology; or

(ii)by the Ministry for the whole of his time for purposes wholly
or mainly connected with the college of physical education; and

(b)in consequence of this Act

(i)suffers loss of employment or loss or diminution of emoluments or
pension rights, otherwise than on grounds of misconduct, incapacity
or age; or

(ii)relinquishes his employment by the Governors in consequence of
being required to perform duties such as are not analogous, or are
an unreasonable addition, to those which immediately before the
appointed day he was, or might have been required to perform,

(2) The amount of any compensation to which a person is entitled
under subsection (1) shall be the like amount to which he would be
entitled if

(a)he were an officer of a local authority whose functions had been
transferred to a county council under a transfer order within the
meaning of the Local Government Act (Northern Ireland) 1966; and

(b)he had suffered the like loss in consequence of the order as he
suffers in consequence of this Act.

(3) If any question arises

(a)as to whether any person has been required to perform duties
which are not analogous, or which are an unreasonable addition, to
those which he was or might reasonably have been required to
perform immediately before the appointed day; or

(b)as to the amount of compensation to which any person is entitled
under this section;

(4) Where the Corporation makes a redundancy payment to any such
person as is mentioned in subsection (1)(a)(i) who is dismissed by
reason of redundancy in consequence of this Act, the Ministry shall
pay to the Corporation a sum equal to that payment less the amount
of any rebate to which the Corporation is entitled.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 7
Superannuation.

7.(1) Any liability of the Corporation to pay any superannuation
allowance to or in respect of the services of any transferred
officer shall as from the transfer date be transferred to and
discharged by the Governors.

Subs.(2) rep. by SLR 1980

(3) In this section

"transfer date" means the date on which a transferred officer
becomes an employee of the Governors;

"transferred officer" means a person who is employed by the
Governors immediately after being employed by the Corporation for
purposes wholly or mainly connected with the college of art, the
college of domestic science or the college of technology.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 8
Acquisition of land for purposes of the Ulster Polytechnic.

8.(1) Where the Ministry, in pursuance of an application made to it
in that behalf by the Governors, considers that it is necessary to
acquire any land for the purposes for which the Governors are
constituted, the Ministry may

(a)acquire the land by agreement or take it on lease;

(b)if it desires to acquire the land otherwise than by agreement,
make an order (in this section referred to as a "vesting order")
vesting the land in the Ministry.

(2) Schedule 5 to the Roads Act (Northern Ireland) 1948 shall,
subject to the modifications specified in Schedule 3, apply for the
purposes of the acquisition of land by means of a vesting order
made under this section as it applies to the acquisition of land
by means of a vesting order made under that Act.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 9
Finance and accounts.

9.(1) The Ministry may pay to the Governors in each year a grant
of such amount as may be determined under regulations made by the
Ministry with the approval of the Ministry of Finance.

(2) The Governors shall keep proper accounts and other records and
shall in each year prepare a statement of accounts in such form
and containing such information as the Ministry may direct.

(3) The accounts of the Governors shall be audited by auditors
appointed by the Governors with the approval of the Ministry.

(4) The Governors shall, at such date in each year as the Ministry
may direct, transmit to the Comptroller and Auditor General a copy
of their accounts, certified by auditors appointed under subsection
(3).

(5) The Comptroller and Auditor General shall examine any accounts
transmitted to him under subsection (4) and shall report on them to
the Ministry and to the Governors and the Ministry shall cause a
copy of the accounts together with that report to be laid before
Parliament.

(6) The Governors shall pay to the Ministry of Finance in respect
of the examination of their accounts by the Comptroller and Auditor
General such fees and expenses as that Ministry may direct.

S.10 rep. by SLR 1976

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 11
Surrender of property, etc. vested in Joint Authority.

11.(1) The estate, rights, easements and privileges which vested in
the Joint Authority by virtue of section 4 of the Higher
Technological Studies Act (Northern Ireland) 1954 shall be deemed to
have been surrendered, immediately before the relevant date, by that
Authority to the Queen's University of Belfast.

Subs.(2) repeals 1954 c.29 (NI)

(3) Section 6 (except subsection (4)) shall apply in relation to
any person who is employed by the Joint Authority, as it applies
in relation to any person who is employed by the Corporation in
the circumstances described in subsection (1)(a)(i) of that section.

Subs.(4) rep. by SLR 1980

(5) In this section "the relevant date" means such day, not being
a day before the execution of the first vesting agreement, as the
Minister of Education may by order appoint for the purposes of this
section.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 12
Interpretation.

12.(1) In this Act

"the appointed day" means such day, not being a day before the
execution of the first vesting agreement, as the Minister of
Education may by order appoint;

"the college of art" means the Belfast college of art situated at
York Street in the city of Belfast;

"the college of domestic science" means the Belfast college of
domestic science situated at Garnerville Road in the city of
Belfast;

"the college of physical education" means the Ulster college of
physical education situated at Jordanstown in the county of Antrim;

"the college of technology" means the Belfast college of technology
situated at College Square East in the City of Belfast;

"the Corporation" means the Lord Mayor, Aldermen and citizens of the
city of Belfast, acting by the council thereof;

"first vesting agreement" means the draft agreement set out in Part
I of Schedule 1;

"the Governors" has the meaning assigned by section 1;

"the Joint Authority" means the Joint Authority for Higher
Technological Studies established in pursuance of paragraph 2 of the
principal agreement within the meaning of the Higher Technological
Studies Act (Northern Ireland) 1954;

"the Ministry" means the Ministry of Education;

Definitions rep. by SLR 1980

"second vesting agreement" means the draft agreement set out in Part
II of Schedule 1.

(2) Regulations made under this Act shall be subject to negative
resolution.

ULSTER COLLEGE ACT (NORTHERN IRELAND) 1968 - SECT 13
Short title.

13. This Act may be cited as the Ulster College Act (Northern
Ireland) 1968.

Schedules 1,2 rep. by SLR 1980

1. Any reference in Schedule 5 to the Roads Act (Northern Ireland)
1948 to the Ministry or to the authority shall be construed as a
reference to the Ministry of Finance.

2.(1) Any reference in that Schedule to that Schedule or any
provision of that Schedule shall be construed as a reference to
that Schedule or that provision as modified by this Schedule.

(2) Any reference in that Schedule to the said Act of 1948 shall
be construed as a reference to this Schedule.

3. The expression "estate" and "land" in that Schedule shall have
the meanings respectively assigned to them by section 45(1)(a) and
(2) of the Interpretation Act (Northern Ireland) 1954.

4. Paragraph 1 of that Schedule shall be omitted.

5. In paragraph 2 of that Schedule

(a)sub-paragraph (1) shall be omitted;

(b)in sub-paragraph (3)(c), after the word "served" there shall be
inserted the words "by post".

6. In paragraph 3 of that Schedule

(a)in sub-paragraph (1) the words ", where the authority is a local
authority," shall be omitted;

(b)in sub-paragraph (2), the words from ", and, in particular"
onwards shall be omitted.

7. In paragraph 5 of that Schedule

(a)in the first sub-paragraph

(i)for the words "an estate in fee simple in the land to which it
relates" there shall be substituted the words "such estate in, to
or over the land to which it relates as is therein specified"; and

(ii)he words from the beginning of head (a) to "is the Ministry,"
in head (b), the words ", as the context requires," and the words
from "or any other" onwards shall be omitted;

(b)in the second sub-paragraph, for the words from "be the date"
onwards there shall be substituted the words "be either the date on
which the vesting order becomes operative or the date of the
lodgment of the vesting order with the registering authority under
the said Act, whichever is the later".

8. In paragraph 10 of that Schedule, the words from the beginning
of head (a) to "is the Ministry", is head (b) shall be omitted.