is not a servant or agent of the Crown;

has no status, immunity or privilege of the Crown,

the person holding the post of chief executive;

a person appointed by the Scottish Ministers to chair meetings of the Council (the “chairing member”); and

no fewer than 11 nor more than 14 other members appointed by the Scottish Ministers.

may by giving notice in writing to the Scottish Ministers resign office as a member of the Council; and

otherwise, holds and vacates office in accordance with the terms and conditions of appointment.

has been absent from meetings of the Council for a period longer than 6 consecutive months without the permission of the Council; or

is otherwise unable or unfit to discharge the functions of a member,

persons who have experience of, and have shown capacity in industrial, commercial or financial matters or the practice of any profession; and

persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of the Council's functions.

including persons who are currently engaged in the provision of, or carrying responsibility for the provision of, fundable further education or fundable higher education; and

the membership of the Council (taken as a whole) having experience of, and having shown capacity in, a broad range of such education.

have experience, and have shown capacity, relating to research or the application of research; and

are currently engaged in research or the application of research.

a member of the House of Lords;

a member of the House of Commons;

a member of the Scottish Parliament;

a member of the European Parliament; or

disqualified from election as a member of the Scottish Parliament or as a member of a local authority.

has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine;

is an undischarged bankrupt; or

has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board).

whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force);

who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it);

who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986;

who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts;

who has been adjudged bankrupt (and has not been discharged); or

who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world.

is sentenced as mentioned in sub-paragraph (2)(a);

has become a person to whom sub-paragraph (2)(b) applies; or

is removed from office as mentioned in sub-paragraph (2)(c).

the chief officer of the Scottish Higher Education Funding Council; and

the equivalent officer of the Scottish Further Education Funding Council.

there is no person holding both of those appointments immediately before coming into force of this paragraph; or

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 Higher Education Funding Council;

the Scottish Further Education Funding Council; and

those Councils jointly,

is not terminated by the transfer; and

has effect from the date of transfer as if originally made between the person and the Council.

all the rights, powers, duties and liabilities of the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council under or in connection with the person's contract of employment are transferred to the Council on the date of transfer; and

anything done before that date by or in relation to the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in respect of the person or that contract is to be treated from that date as having been done by or in relation to the Council.

the Scottish Higher Education Funding Council; and

the Scottish Further Education Funding Council,

the composition of the skills committee; and

the committee's functions.

have experience, and have shown capacity, relating to research or the application of research; and

are currently engaged in research or the application of research.

subject to paragraphs 11(2) and (3) and 12(2) and (3), determine the composition of its committees;

determine the terms and conditions of committee membership; and

determine the procedure (including any quorum) of its committees.

the chief executive;

the chairing member; or

any of its committees,

keep proper accounts and accounting records;

prepare in respect of each financial year a statement of accounts; and

send the statement of accounts to the Scottish Ministers,

send a copy of the report to the Scottish Ministers; and

publish the report,

is not a servant or agent of the Crown;

has no status, immunity or privilege of the Crown,

a person appointed by the Scottish Ministers to chair meetings of the board (the “chairing member”);

subject to sub-paragraph (4), the chairing member of each of the board's colleges;

a person appointed by being elected by the teaching staff of the board's colleges from among their own number;

a person appointed by being elected by the non-teaching staff of the board's colleges from among their own number;

two persons appointed in accordance with paragraph 4; and

up to 10 other members appointed by the board.

a member of the Scottish Parliament;

a member of the House of Lords;

a member of the House of Commons;

a member of the European Parliament; or

the chief officer of the board.

the chairing member; and

the Scottish Ministers.

any regional board to which the guidance relates;

the board of management of any college of further education which is, or which the Scottish Ministers consider likely to be, assigned to the regional board by order under section 7C;

the local authority for any area in which such a college is situated;

the students' association for each such college;

the representatives of any trade union which is recognised by any such college or which otherwise appears to the Scottish Ministers to be representative of its staff;

the Council;

any body which appears to the Scottish Ministers to be representative of colleges of further education;

any body which appears to the Scottish Ministers to be representative of local authorities;

any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; and

any body which appears to the Scottish Ministers to be representative of trade unions in Scotland.

its colleges;

in the case of rules about elections in pursuance of paragraph 3(2)(c), the representatives of any trade union which any of its colleges recognise as being, or which otherwise appears to the board to be, representative of the teaching staff of its colleges;

in the case of rules about elections to be held in pursuance of paragraph 3(2)(d), the representatives of any trade union which any of its colleges recognise as being, or which otherwise appears to the board to be, representative of the non-teaching staff of its colleges; and

in the case of rules about elections in pursuance of paragraph 4(3), the students' associations of each of its colleges.

has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine;

is an undischarged bankrupt; or

has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board).

whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force);

who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it);

who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986;

who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts;

who has been adjudged bankrupt (and has not been discharged); or

who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world.

the chairing member holds and vacates office on such terms and conditions as the Scottish Ministers may determine; and

other members (unless holding office in pursuance of paragraph 3(2)(b)) hold and vacate office on such terms and conditions as the board may in each case determine.

the chairing member is to hold office for such period (not exceeding 4 years) as the Scottish Ministers may determine;

a member appointed in pursuance of paragraph 3(2)(b) is to hold office until the person ceases to be a chairing member of any of the board's colleges;

a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) is to hold office for 4 years;

a member appointed in pursuance of paragraph 3(2)(e) is to hold office until 31 August following appointment; and

a member appointed under paragraph 3(2)(f) is to hold office for such period (not exceeding 4 years) as the board may determine.

the making of contributions or payments towards provision for pensions, allowances or gratuities; and

the establishment and administration of pension schemes.

the appointment of employees;

terms and conditions determined under sub-paragraph (1); or

payments or arrangements made under sub-paragraph (2).

by a vacancy in membership (or in a category of membership); or

by any defect in the appointment of a member.

the composition of any committees;

the terms and conditions of membership of any committee; and

the procedure (including any quorum) of any committee.

acquiring and disposing of land and other property;

entering into contracts;

investing sums not immediately required for the purpose of the discharge of its functions;

accepting gifts of money, land or other property;

forming or promoting (whether alone or with another) companies under the Companies Act 2006.

give any guarantee or indemnity over or in respect of any property; or

create any trust or security over or in respect of any property,

in respect of any case or class of case; and

subject to such conditions as the Scottish Ministers may determine.

any property which has been acquired, improved or maintained wholly or partly, or directly or indirectly, out of funds provided by the Council under section 12; and

any proceeds of, or any consideration for, the disposal of any such property.

the chairing member;

any of its committees; or

any of its employees,

keep proper accounts and accounting records;

prepare a statement of accounts in respect of each yearly period ending on 31 March; and

send the statement of accounts to the Scottish Ministers,

any board to which the order relates; and

such other persons as they consider appropriate.

in section 3 (powers of Scottish Ministers), in subsection (1), the words from “shall” to “he” are repealed;

in section 44 (designation of institutions), in subsection (1), for the words from “by” in the first place where it occurs to the end there is substituted “ , for the purposes of this Part of this Act, by order designate any institution providing higher education (whether or not it also provides education of any other kind or carries on any other activities). ” ; and

in section 61 (interpretation), after the words “1980;” in the second place where they occur there is inserted—

section 1(1) and (2) and (4) to (6);

sections 4, 7 to 10, 22, 23, 37, 39 to 43, 50, 51, 53, 54 and 59A;

Schedules 1 and 7; and

paragraphs 4(3) and 5(3) of Schedule 9,