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
Membership of governing body
Section 11: Elections to governing body

23.Section 11 makes provision for the election of staff members appointed under section 10(1)(b). Section 11(2) states that the election is to be conducted according to rules made by the governing body of the HEI. Section 11(3) clarifies that the rules may make different provision for different vacancies (which means that different rules could be made by an HEI to apply to different categories of membership of the governing body if the HEI considers that to be appropriate) and may define “staff” as academic staff, support staff or all staff in order to specify the electorate and eligible candidates for a particular vacancy. Section 11(4) makes it clear that when the number of eligible candidates is equal to or fewer than the number of staff members being sought in any category of staff, those candidates are deemed to be elected.