6(1)The Council is to employ a chief executive.S
(2)The person referred to in sub-paragraph (3) is (except where sub-paragraph (4) applies) transferred to the employment of, and becomes the first chief executive of, the Council.
(3)That person is the person who, immediately before the coming into force of this paragraph, holds (by virtue of section 59A(1) and (2)(a) of the 1992 Act) appointments as both—
(a)the chief officer of the Scottish Higher Education Funding Council; and
(b)the equivalent officer of the Scottish Further Education Funding Council.
(4)But if—
(a)there is no person holding both of those appointments immediately before coming into force of this paragraph; or
(b)the person holding both of those appointments immediately before the coming into force of this paragraph is unwilling, unable or unfit to be transferred to the employment of the Council,
the Scottish Ministers are to make the first appointment of the chief executive of the Council on such terms and conditions as the Scottish Ministers may determine.
(5)Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed by the Council on such terms and conditions as the Council may, with such approval, determine.
Commencement Information
I1 Sch. 1 para. 6 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)