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Higher Education Governance (Scotland) Act 2016

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This is the original version (as it was originally enacted).

13Resignation or removal from body
This section has no associated Explanatory Notes

(1)Rules made by the governing body of a higher education institution may contain provision about the procedure for the resignation or removal of—

(a)the person appointed to the position of senior lay member of the governing body,

(b)the other persons within the membership of the governing body.

(2)Provision as to removal is to (in particular)—

(a)prescribe grounds for removal, for example—

(i)inability to exercise the senior lay member’s functions or (as the case may be) the functions of membership generally,

(ii)misconduct (whether or not in the capacity as member),

(b)ensure that removal can be effected only by a resolution based on the grounds and passed by a specified majority of the members of the governing body,

(c)allow the person who is the subject of the resolution, if the resolution is so passed, to seek a review in order to have the resolution reconsidered or quashed.

(3)For the purpose of subsection (2)(b)—

(a)a specified majority may be a majority of any particular size,

(b)the person who is the subject of the resolution does not count in any calculation arising (and the person is not eligible to vote on the resolution).

(4)Provision under subsection (1)(a) need not be the same as provision under subsection (1)(b).

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