1.—(1) These Regulations may be cited as the Higher Education Governance (Scotland) Act 2016 (Commencement, Transitory, Transitional and Savings Provisions) Regulations 2016 and come into force on 30th December 2016.
(2) In these Regulations, “the 2016 Act” means the Higher Education Governance (Scotland) Act 2016.
2.—(1) The day appointed for the coming into force of sections 1, 2, 10 to 25 and the schedule of the 2016 Act is 30th December 2016.
(2) The day appointed for the coming into force of sections 3 to 9 of the 2016 Act is 30th June 2017.
3.—(1) Where the conditions in paragraph (2) are met in relation to a vacancy for the position of senior lay member of the governing body of a higher education institution on the day appointed by regulation 2(2), sections 3 to 9 of the 2016 Act (recruitment, appointment and remuneration and conditions of the senior lay member) apply in relation to that vacancy.
(2) The conditions are that—
(a)the vacancy arose before the day appointed by regulation 2(2); and
(b)the higher education institution has not yet advertised the vacancy within and outwith the institution.
4. Section 5 of the Universities (Scotland) Act 1889(1) (presiding at meetings of the governing body) continues to have effect in relation to a higher education institution on and after the day appointed by regulation 2(1) as if that section had not been amended by paragraph 2(2)(c) and (d) of the schedule of the 2016 Act, until the date on which that higher education institution makes its first appointment by virtue of section 8 of the 2016 Act.
5.—(1) Where the condition in paragraph (2) is met in relation to a higher education institution on the day appointed by regulation 2(1), paragraphs (3) and (4) apply to that institution.
(2) The condition is that the higher education institution’s governing document has the effect that the higher education institution is not complying with the requirements of section 10 of the 2016 Act (composition of governing body).
(3) Section 10 of the 2016 Act does not apply to the higher education institution until the earlier of—
(a)30th December 2020; or
(b)the first date on which the condition is no longer met.
(4) Instead, section 11 of the Universities (Scotland) Act 1966(2) (university staff ineligible to become rector, or assessor on court except in certain circumstances) continues to have effect in relation to that higher education institution as it had effect immediately before the day appointed by regulation 2(1), despite the amendment of that section by paragraph 3(4) of the schedule of the 2016 Act.
6.—(1) Where the condition in paragraph (2) is met in relation to a higher education institution on the day appointed by regulation 2(1), paragraphs (3) and (4) apply to that institution.
(2) The condition is that the higher education institution’s governing document has the effect that the higher education institution is not complying with the requirements of section 15 of the 2016 Act (composition of academic board).
(3) Section 15 of the 2016 Act does not apply to the higher education institution until the earlier of—
(a)30th December 2020; or
(b)the first date on which the condition is no longer met.
(4) Instead, section 5 of the Universities (Scotland) Act 1858(3) (powers of the senatus academicus and principal) and section 7 and paragraph 4 of Part 1 of schedule 2 of the Universities (Scotland) Act 1966 (constitution of senates and powers exercisable by ordinance) continue to have effect in relation to that higher education institution on and after the day appointed by regulation 2(1) as if those provisions had not been amended by paragraphs 1(3)(a), 3(3) and 3(6) of the schedule of the 2016 Act.
S SOMERVILLE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd November 2016