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(1)In this Part, “governing document”—
(a)in the case of an older university, means its ordinances made under the Universities (Scotland) Acts 1858 to 1966,
(b)in the case of an institution established by royal charter, means its charters together with the statutes (if any) made under them,
(c)in the case of a designated institution—
(i)if it is a registered company and no orders of the Privy Council are in force with respect to it, means its articles of association,
(ii)otherwise, means the orders of the Privy Council that are in force with respect to it,
(d)in any other case, means the instruments that establish the higher education institution or govern the composition of its governing body or academic board.
(2)In this section—
“designated institution” has the same meaning as in Part II of the Further and Higher Education (Scotland) Act 1992,
“older university” is to be construed in accordance with section 16(1) of the Universities (Scotland) Act 1966,
“registered company” means a company registered under the Companies Acts as defined in section 2 of the Companies Act 2006.
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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.
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