Explanatory Notes

Higher Education Governance (Scotland) Act 2016

2016 asp 15

13 April 2016

Commentary on Sections

Part 1: Governance Arrangements

Chapter 1: Governing bodies.Senior lay member of governing body
Section 5: Interview of certain applicants

14.Section 5 concerns the assessment of applications and the subsequent assessment of applicants at interview for the position of senior lay member. Subsection (1) requires that where an application for the position of senior lay member is made in the correct form in response to the advertisement of that position and where the applicant appears from the application, in the view of the committee provided for in section 3(1), to meet the relevant criteria, the applicant must be invited to an interview conducted by the committee. This requires the committee to decide whether or not it is satisfied that an applicant appears from the application to meet the criteria that the committee has set. Subsection (2) provides that if the applicant satisfies the committee at interview that the applicant meets the relevant criteria, then the applicant is entitled to stand for election to the position. Again, it is for the committee to decide whether or not it is satisfied that an applicant has demonstrated that he or she meets the criteria. Subsection (3) requires the HEI to offer every applicant reimbursement of reasonable expenses incurred in attending an interview (with the HEI determining what is reasonable).