The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023

Citation and commencement

1.  This Order may be cited as the Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 and comes into force on 31 January 2024.

Amendment of the Further and Higher Education (Scotland) Act 1992

2.—(1) Schedule 2 of the Further and Higher Education (Scotland) Act 1992 (constitution and proceedings of boards of management)(1) is amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (1), for “18” substitute “20”,

(b) after sub-paragraph (2)(d), insert—

“(da) a person appointed by being nominated by a trade union from among the teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

(db) a person appointed by being nominated by a trade union from among the non-teaching staff of the college who are members of a branch of a trade union that has a connection with the college;”,

(c) after sub-paragraph (2), insert—

“(2A) For the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from among a category of staff must be one that—

(a) is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992(2)); or

(b) otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.”.

(3) In paragraph 3A(3)—

(a) in sub-paragraph (1)—

(i) for “13” substitute “15”, and

(ii) for “18” substitute “20”,

(b) after sub-paragraph (2)(d), insert—

“(da) a person appointed by being nominated by a trade union from among the teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

(db) a person appointed by being nominated by a trade union from among the non-teaching staff of the college who are members of a branch of a trade union that has a connection with the college;”,

(c) after sub-paragraph (2), insert—

“(3) for the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from among a category of staff must be one that—

(a) is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992); or

(b) otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.”.

(4) In paragraph 5—

(a) after sub-paragraph (2)(a) insert—

“(aa) a member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to hold office for 4 years;”,

(b) after sub-paragraph (2F)(4) insert—

“(2FA)  A member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(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 college; or

(b) the member ceases to be a member of a branch of a trade union that has a connection with the college;

before the member’s period of appointment ends.”.

Amendment of the Further and Higher Education (Scotland) Act 2005

3.—(1) Schedule 2B of the Further and Higher Education (Scotland) Act 2005 (regional boards)(5) is amended as follows.

(2) In paragraph 3 (membership)—

(a) in sub-paragraph (1), for “15” substitute “19”,

(b) after sub-paragraph (2)(d), insert—

“(da) a person appointed by being nominated by a trade union from among the teaching staff of the board’s colleges who are members of a branch of a trade union that has a connection with the board’s colleges;

(db) a person appointed by being nominated by a trade union from among the non-teaching staff of the board’s colleges who are members of a branch of a trade union that has a connection with the board’s colleges;”,

(c) in sub-paragraph (2)(f), for “10” substitute “12”,

(d) after sub-paragraph (4), insert—

“(4A) For the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from a category of staff must be one that—

(a) is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992); or

(b) otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.”.

(3) In paragraph 7 (terms and conditions)—

(a) after sub-paragraph (2)(c) insert—

“(ca) a member appointed in pursuance of paragraph 3(2)(da) or (db) is to hold office for 4 years;”,

(b) after sub-paragraph (6) insert—

“(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.”.

Amendment of the Lanarkshire Colleges Order 2014

4.—(1) The Lanarkshire Colleges Order 2014(6) is amended as follows.

(2) In article 5(2)—

(a) in sub-paragraph (a)(i), for “19” substitute “23”,

(b) for sub-paragraph (a)(ii) substitute—

“(ii) for “20” substitute “26”;”,

(c) after sub-paragraph (a) insert—

“(aa) omit paragraph 3(2)(da) and (db);”,

(d) for sub-paragraph (c) substitute—

“(c) insert the following paragraphs at the end of paragraph 3(2)(e) immediately before “and”—

“(ea) the chairing member of the board of South Lanarkshire College appointed under paragraph 3A(2)(a);

(eb) subject to sub-paragraph (4A), the principal of South Lanarkshire College;

(ec) the person appointed under paragraph 3A(2)(c) to the board of South Lanarkshire College;

(ed) the person appointed under paragraph 3A(2)(d) to the board of South Lanarkshire College;

(ee) a person appointed by being nominated by the students’ association of South Lanarkshire College from among the students of South Lanarkshire College;

(ef) a person appointed by being nominated by a trade union from among the teaching staff of New College Lanarkshire and South Lanarkshire College who are members of a branch of a trade union that has a connection with the colleges;

(eg) a person appointed by being nominated by a trade union from among the non-teaching staff of New College Lanarkshire and South Lanarkshire College who are members of a branch of a trade union that has a connection with the colleges;”;”,

(e) after sub-paragraph (c) insert—

“(ca) in paragraph 3(2A), for “(2)(da) and (db)” substitute “(2)(ef) and (eg)”;”.

(3) In article 5(4)—

(a) after sub-paragraph (a) insert—

“(aa) in paragraph 5(2)(aa), for “3(2)(da) or (db)” substitute “3(2)(ef) or (eg)”;”,

(b) after sub-paragraph (c) insert—

“(ca) omit paragraph 5(2FA);”,

(c) for sub-paragraph (d) substitute—

“(d) after paragraph 5(2G), insert—

“(2H) A member appointed in pursuance of paragraph 3(2)(ee) is to vacate office if the member ceases to be a student of South Lanarkshire College before the member’s period of appointment ends.

(2I) A member appointed in pursuance of paragraph 3(2)(ef) or (eg) 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 New College Lanarkshire or South Lanarkshire College; or

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

before the member’s period of appointment ends.””.

GRAEME DEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th November 2023