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 7: Election franchise and result

16.Section 7 relates to the election franchise and the election result in an election for the position of senior lay member. Section 7(1) provides that all staff and students of the HEI as well as members of the governing body will be entitled to vote in that election. The term students of the HEI is defined in section 22. Subsections (2) and (3) provide that an individual can only cast one vote (regardless of the number of eligible voting categories into which the individual falls), with each vote cast carrying equal weight. Subsection (4) provides for a simple majority electoral system such that the election is won by the candidate who secures the highest number of votes. Subsection (5) provides that when there is a tie for the highest number of votes cast, the winner is whoever is deemed to be the winner in accordance with rules made by the governing body of the HEI.