- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Higher Education Governance (Scotland) Act 2016, Cross Heading: Membership of governing body.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The membership of the governing body of a higher education institution is to be composed of—
(a)the person appointed to the position of senior lay member by virtue of section 8,
(b)2 persons appointed by being elected by the staff of the institution from among their own number,
(c)1 person appointed by being nominated by a trade union from among the academic staff of the institution who are members of a branch of a trade union that has a connection with the institution,
(d)1 person appointed by being nominated by a trade union from among the support staff of the institution who are members of a branch of a trade union that has a connection with the institution,
(e)2 persons appointed by being nominated by a students' association of the institution from among the students of the institution,
(f)such other persons as are appointed—
(i)by virtue of an enactment, or
(ii)in accordance with the governing document of the institution.
(2)For the purposes of paragraphs (c) and (d) of subsection (1), a trade union nominating a person from among a category of staff must be one that—
(a)is recognised by the institution in relation to the category of staff, as described in section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992, or
(b)otherwise appears to the institution to be representative of the category of staff, having regard to all relevant factors.
Commencement Information
I1S. 10 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1) (with reg. 5)
(1)This section applies in relation to an election of members to the governing body of a higher education institution for the purpose of paragraph (b) of section 10(1).
(2)The election process is to be conducted in accordance with rules made by the governing body of the institution.
(3)Rules under subsection (2) may include (in particular)—
(a)different provision for different vacancies,
(b)provision defining “staff” for section 10(1)(b) as—
(i)academic staff,
(ii)support staff, or
(iii)all staff.
(4)Where the number of eligible candidates in a category is equal to or fewer than the number of vacancies in that category, those candidates are deemed to be elected.
Commencement Information
I2S. 11 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1)
(1)This section applies in relation to a nomination of members to the governing body of a higher education institution for the purpose of each of paragraphs (c) to (e) of section 10(1).
(2)The nomination process is to be conducted in accordance with rules made by the governing body of the institution.
(3)Rules under subsection (2) may include (in particular)—
(a)provision specifying who may exercise the rights of nomination (whether individually or jointly),
(b)different provision for different vacancies.
(4)Before making or modifying rules under subsection (2), the governing body must consult the representatives of anyone—
(a)with a right of nomination under the proposed rules, and
(b)affected by the proposed rules or (as the case may be) modification.
Commencement Information
I3S. 12 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1)
(1)Rules made by the governing body of a higher education institution may contain provision about the procedure for the resignation or removal of—
(a)the person appointed to the position of senior lay member of the governing body,
(b)the other persons within the membership of the governing body.
(2)Provision as to removal is to (in particular)—
(a)prescribe grounds for removal, for example—
(i)inability to exercise the senior lay member's functions or (as the case may be) the functions of membership generally,
(ii)misconduct (whether or not in the capacity as member),
(b)ensure that removal can be effected only by a resolution based on the grounds and passed by a specified majority of the members of the governing body,
(c)allow the person who is the subject of the resolution, if the resolution is so passed, to seek a review in order to have the resolution reconsidered or quashed.
(3)For the purpose of subsection (2)(b)—
(a)a specified majority may be a majority of any particular size,
(b)the person who is the subject of the resolution does not count in any calculation arising (and the person is not eligible to vote on the resolution).
(4)Provision under subsection (1)(a) need not be the same as provision under subsection (1)(b).
Commencement Information
I4S. 13 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1)
The validity of any proceedings of the governing body is not affected by any—
(a)vacancy in membership (or category of membership),
(b)defect in the appointment of a member.
Commencement Information
I5S. 14 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: