The Edinburgh Napier University Amendment Order of Council 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Napier University (Scotland) Order of Council 1993 (“the 1993 Order”). Article 2 of the Edinburgh Napier University (Scotland) Order of Council 2008 (S.S.I. 2008/388) changed the name of Napier University to “Edinburgh Napier University” but the 1993 Order remains the principal governance order in relation to the Edinburgh Napier University (“the University”). The 1993 order is made under section 45 of the Further and Higher Education (Scotland) Act 1992.

Article 3 of the Order amends article 2(1) of the 1993 Order which sets out relevant definitions. It omits the entries for “academic staff eligible to participate in elections” and “non academic staff eligible to participate in elections” and inserts new entries “the 2016 Act” and “Chair of Court”.

Article 4(a) amends article 3 of the 1993 Order by substituting a new article 3(2) setting out the composition of the Court. A new article 3(2A) is inserted which provides that certain members, including the Chair of Court, are to be appointed in accordance with the requirements of the Higher Education Governance (Scotland) Act 2016 (“the 2016 Act”). Article 4(b) to (e) makes consequential amendments.

Article 5 makes amendments to the 1993 Order in respect of the Academic Board. Article 5(a) substitutes article 6(1) of the 1993 Order to provide that the Court is to determine the composition of the Academic Board in accordance with the requirements of the 2016 Act and the 1993 Order as amended by this Order. As the composition of the Academic Board is no longer set out in the 1993 Order, schedule 2 is omitted by article 7.

Article 5(a) also inserts new paragraphs (1A) to (1D) into article 6 of the 1993 Order, which include provision that the Court is to consult the Academic Board before making any changes to the composition of that body and provision for the term limits of the academic staff members and student members.

Article 6 amends Part B of schedule 1 of the 1993 Order, which sets out the functions and powers of the Court in relation to the administration of the University. It substitutes new paragraphs (6) and (6A) to make new provision for the appointment of the Chair of Court and Vice-Chair. It substitutes a new paragraph (7) relating to the Court’s power to appoint and remove its members. It also substitutes a new paragraph (10) to make new provision relating to the method of appointment and the tenure and removal of Academic Board members. The Court’s power to vary the composition of the Academic Board is removed from schedule 1 as this power is now included in article 6(1) of the 1993 Order.

Article 8 makes transitional provision to ensure that the chairman of the Court who is in office immediately before commencement of this Order is treated as if appointed in accordance with article 3(2)(a) and paragraph (6) of Part B of schedule 1 of the 1993 Order, as amended by this Order.