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Further and Higher Education Act 1992

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Section 71.

SCHEDULE 6E+W New Schedule 7A to the Education Reform Act 1988

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 6 in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Schedule 7AE+W Instruments of government made by Privy Council

Name of corporationE+W

1The instrument shall empower the corporation to change their name with the consent of the Privy Council.

MembershipE+W

2The instrument shall make provision for the membership of the corporation which meets all the requirements of paragraphs 3 to 5 below.

3(1)The corporation shall consist of—

(a)not less than twelve and not more than twenty-four members appointed in accordance with the following provisions; and

(b)the person who is for the time being the principal of the institution, unless he chooses not to be a member.

(2)Of the appointed members—

(a)up to thirteen (referred to below in this Schedule as the “independent members”) shall be persons appearing to the appointing authority to have experience of, and to have shown capacity in, industrial, commercial or employment matters or the practice of any profession;

(b)up to two may be teachers at the institution nominated by the academic board and up to two may be students at the institution nominated by the students at the institution; and

(c)at least one and not more than nine (referred to below in this Schedule as the “co-opted members”) shall be persons nominated by the members of the corporation who are not co-opted members.

(3)The co-opted member required by sub-paragraph (2)(c) above shall be a person who has experience in the provision of education.

(4)A person (other than a person appointed in pursuance of sub-paragraph (2)(b) above) who is—

(a)employed at the institution (whether or not as a teacher);

(b)a full-time student at the institution; or

(c)an elected member of any local authority,

is not eligible for appointment as a member of the corporation otherwise than as a co-opted member.

(5)For the purposes of this paragraph, a person who is not for the time being enrolled as a student at the institution shall be treated as such a student during any period when he has been granted leave of absence from the institution for the purposes of study or travel or for carrying out the duties of any office held by him in the student union at the institution.

(6)It shall be for the appointing authority to determine any question as to whether any person is qualified in accordance with the preceding provisions of this paragraph for appointment as a member of the corporation of any description or category.

NumbersE+W

4(1)The corporation shall make a determination with respect to their membership numbers.

(2)Such a determination shall fix the number of members of each variable category of which the corporation are to consist, subject to the limits applicable in relation to that category in accordance with paragraph 3 above.

(3)In making such a determination, the corporation shall secure that at least half of all the members of the corporation, when constituted in accordance with the determination, will be independent members.

(4)Such a determination shall not have effect so as to terminate the appointment of any person who is a member of the corporation at the time when it takes effect.

(5)Such a determination may be varied by a subsequent determination.

AppointmentsE+W

5(1)Subject to section 124C of this Act, no appointment of members of the corporation may be made before the first determination of the corporation in accordance with paragraph 4 above takes effect.

(2)Subject to that section, the corporation are the appointing authority in relation to the appointment of any member of the corporation other than an independent member.

(3)Where an appointment of an additional independent member of the corporation falls to be made in consequence of a determination in accordance with paragraph 4 above, the appointing authority in relation to the appointment—

(a)shall be the corporation if the appointment is made within the period of three months beginning with the date of the determination; or

(b)if the appointment is not made within that period, shall be the current independent members of the corporation.

(4)Where a vacancy in the office of an independent member of the corporation arises on any existing independent member ceasing to hold office on the expiry of his term of office—

(a)his successor shall not be appointed more than six months before the expiry of that term; and

(b)the appointing authority in relation to the appointment of his successor—

(i)shall be the corporation if the appointment is made not less than three months before the expiry of that term; or

(ii)if the appointment is not so made, shall be the current independent members of the corporation.

(5)Where a vacancy in the office of an independent member of the corporation arises on the death of any such member or on any such member ceasing to hold office in accordance with the instrument, the appointing authority in relation to the appointment of his successor—

(a)shall be the corporation if the appointment is made within the period of three months beginning with the date of death or the the date on which the office becomes vacant (as the case may be); or

(b)if the appointment is not made within that period, shall be the current independent members of the corporation.

(6)No appointment of an independent member of the corporation by the corporation in accordance with sub-paragraph (3)(a), (4)(b)(i) or (5)(a) above shall be made unless the appointment has been approved by the current independent members of the corporation.

(7)If the number of independent members of the corporation falls below the number needed in accordance with its articles of government for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum.

Tenure of office etc.E+W

6Subject to any other requirements of this Act, the instrument may provide for the eligibility of persons for membership of the corporation and shall provide for their period of office and the circumstances in which they are to cease to hold office.

OfficersE+W

7The instrument shall provide for one or more officers to be chosen from among the members.

CommitteesE+W

8The instrument may provide for the corporation to establish committees and permit such committees to include persons who are not members of the corporation.

AllowancesE+W

9The instrument may provide for the corporation to pay allowances to its members.

Seal of corporationE+W

10The instrument shall provide for the authentication of the application of the seal of the corporation.

InterpretationE+W

11References in this Schedule, in relation to a corporation, to a variable category of members are references to any category of members in relation to which the number applicable in accordance with paragraph 3 above is subject to variation.

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