Higher Education Governance (Scotland) Act 2016

3 Relevant criteria and process

(1) Whenever a vacancy arises in the position of senior lay member of the governing body of a higher education institution, the governing body must delegate to a committee the responsibility of—

(a) devising the relevant criteria with respect to the position,

(b) ensuring the efficiency and fairness of the process for filling the position.

(2) The relevant criteria include the availability, skills and knowledge considered by the committee to be necessary or desirable to—

(a) exercise the functions of the senior lay member,

(b) command the trust and respect of—

(i) the other members of the governing body,

(ii) the academic board of the institution,

(iii) the staff and students of the institution.

(3) Each time the process for filling the position is undertaken, the committee must make publically available a report indicating by way of overview (and without disclosing individual identities or confidential information)—

(a) the number of applicants for the position,

(b) so far as consent to disclosure has been received by the committee from the applicants, the characteristics listed in section 149(7) of the Equality Act 2010 with respect to—

(i) the applicants,

(ii) the applicants invited to an interview for the position,

(iii) the applicants entitled to stand as candidates in an election for the position following such an interview.

(4) The membership of the committee must include at least one person from each of these categories—

(a) the staff of the institution,

(b) the students of the institution.

(5) Rules made by the governing body of the institution may contain provision about the process for filling the position of senior lay member of the governing body (subject to sections 4 to 8).