Further and Higher Education (Scotland) Act 2005

[F1 7 (1) Subject to the other provisions of this Act— S

(a) the chairing member holds and vacates office on such terms and conditions as the Scottish Ministers may determine; and

(b) other members (unless holding office in pursuance of paragraph 3(2)(b)) hold and vacate office on such terms and conditions as the board may in each case determine.

(2) Subject to sub-paragraphs (3) to (8), paragraph 9 and section 23Q—

(a) the chairing member is to hold office for such period (not exceeding 4 years) as the Scottish Ministers may determine;

(b) a member appointed in pursuance of paragraph 3(2)(b) is to hold office until the person ceases to be a chairing member of any of the board's colleges;

(c) a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) is to hold office for 4 years;

[F2 (ca) a member appointed in pursuance of paragraph 3(2)(da) or (db) is to hold office for 4 years;]

(d) a member appointed in pursuance of paragraph 3(2)(e) is to hold office until 31 August following appointment; and

(e) a member appointed under paragraph 3(2)(f) is to hold office for such period (not exceeding 4 years) as the board may determine.

(3) The Scottish Ministers may extend the period of appointment of the chairing member for a single further period not exceeding 4 years.

(4) The board may extend the period of appointment of a member it appoints for a single further period not exceeding 4 years (but such an extension has effect only if approved by the chairing member and the Scottish Ministers).

(5) The chairing member is to vacate office if the chairing member becomes a person of the type described in paragraph 3(3).

(6) A member appointed under paragraph 3(2)(c) or (d) is to vacate office if the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of one of the board's colleges before the member's period of appointment ends.

[F3 (6A) A member appointed in pursuance of paragraph 3(2)(da) or (db) is to vacate office if—

(a) the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the board’s colleges; or

(b) the member ceases to be a member of a branch of a trade union that has a connection with the board’s colleges;

before the member’s period of appointment ends.]

(7) A member appointed in pursuance of paragraph 3(2)(e) is to vacate office if the member ceases to be a student of one of the board's colleges before the member's period of appointment ends.

(8) On ceasing to be a member, a person is eligible for reappointment (provided that the person is not ineligible by virtue of any other provision).]

Textual Amendments

F1 Sch. 2B inserted (1.5.2014 for the insertion of sch. 2B paras. 1, 2, 3 (in part), 6 (in part), 7 (in part), 8, 9 (in part), 10-12, 14-18, 1.8.2014 in so far as not already in force) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 11(2), 23(2); S.S.I. 2014/79, art. 2(1)(2)(3), Sch. 1, 2 (with art. 3)

F2 Sch. 2B para. 7(2)(ca) inserted (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 3(3)(a)

F3 Sch. 2B para. 7(6A) inserted (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 3(3)(b)

Modifications etc. (not altering text)

C1 Sch. 2B para. 7(2)(d) excluded (1.8.2014) by The Assigned Colleges (Scotland) Order 2014 (S.S.I. 2014/80), arts. 1, 3