Further and Higher Education (Scotland) Act 2005

Membership of the Council S

2 (1) The Council is to consist of the following members— S

(a) the person holding the post of chief executive;

(b) a person appointed by the Scottish Ministers to chair meetings of the Council (the “chairing member”); and

(c) no fewer than 11 nor more than 14 other members appointed by the Scottish Ministers.

(2) Each member (apart from the chief executive) is to be appointed for a period not exceeding 4 years.

(3) The Scottish Ministers may, on the expiry of a period of appointment of a member (apart from the chief executive), extend that appointment for a single further period not exceeding 4 years.

(4) A member (apart from the chief executive)—

(a) may by giving notice in writing to the Scottish Ministers resign office as a member of the Council; and

(b) otherwise, holds and vacates office in accordance with the terms and conditions of appointment.

(5) If the Scottish Ministers are satisfied that a member (apart from the chief executive)—

(a) has been absent from meetings of the Council for a period longer than 6 consecutive months without the permission of the Council; or

(b) is otherwise unable or unfit to discharge the functions of a member,

the Scottish Ministers may by giving notice in writing to the member remove the member from office.

(6) A person is, on ceasing to be a member, eligible for reappointment.

Commencement Information

I1 Sch. 1 para. 2 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)

3 (1) In appointing members, the Scottish Ministers are to have regard to the desirability of including— S

(a) persons who—

(i) have experience of, and have shown capacity in, the provision of fundable further education or fundable higher education; or

(ii) have held, and have shown the capacity in, any position carrying the responsibility for the provision of such education;

(b) persons who have experience of, and have shown capacity in industrial, commercial or financial matters or the practice of any profession; and

(c) persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of the Council's functions.

(2) In appointing members, the Scottish Ministers are also to have regard to the desirability of—

(a) including persons who are currently engaged in the provision of, or carrying responsibility for the provision of, fundable further education or fundable higher education; and

(b) the membership of the Council (taken as a whole) having experience of, and having shown capacity in, a broad range of such education.

(3) In appointing members, the Scottish Ministers are also to have regard to the desirability of including persons who—

(a) have experience, and have shown capacity, relating to research or the application of research; and

(b) are currently engaged in research or the application of research.

Commencement Information

I2 Sch. 1 para. 3 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)