23QMismanagement by regional boards

1

This section applies where it appears to the Scottish Ministers that a regional board—

a

has committed or is committing—

i

a serious breach of any term or condition of a grant made to it under section 12(1)(c); or

ii

repeated breaches of such terms or conditions;

b

has failed or is failing—

i

properly to discharge its responsibility for administering the funds made available to it under that section in respect of its colleges; or

ii

to discharge any of its duties properly; or

c

has mismanaged, or is mismanaging, its financial or other affairs.

2

Where this section applies, the Scottish Ministers may by order—

a

remove any or all of the members of the regional board; and

b

where a removed member was appointed under paragraph 3(2)(a) or (f) of schedule 2B, appoint another person in place of the removed member.

3

Before making an order under subsection (2)(a), the Scottish Ministers must consult the Council.

4

The Scottish Ministers must give notice of exercise of the power of removal conferred by subsection (2)(a) to the board and the member.

5

An appointment made under subsection (2)(b) has effect as if made under the provision of paragraph 3 of schedule 2B under which the removed member was appointed.