Self-Governing Schools etc. (Scotland) Act 1989

56 Functions of college councils. S

(1) Subject to the provisions of this section, every education authority shall, by 1st October 1990 or such later date as the Secretary of State may in relation to any education authority or college council direct, make an instrument, to be known as a “delegation scheme”, in respect of each college council in their area, delegating, subject to such conditions as the authority think appropriate, such of the authority’s functions—

(a) in relation to the management, supervision and financial control of the college; and

(b) under sections 61 to 63 of this Act,

as they consider to be appropriate.

(2) The functions which may be delegated by a scheme under subsection (1) above do not include any power—

(a) to enter into contracts of employment with, or to dismiss, staff of the college; or

(b) to make loans to any companies formed by the authority by virtue of section 61(1)(a) of this Act.

(3) Paragraph (a) of subsection (2) above is without prejudice to an authority’s power under this section to delegate matters relating to—

(a) the selection of persons suitable to be employed at the college; and

(b) the career development, including redeployment, of members of the staff of the college;

(4) Subject to subsection (2) above, the Secretary of State may make regulations—

(a) as to the functions which are to be included in or excluded from a scheme made under subsection (1) above; and

(b) as to the conditions subject to which functions are to be delegated.

(5) Where a scheme made under subsection (1) above becomes inconsistent with regulations made by the Secretary of State under subsection (4) above the authority concerned shall, so soon as is practicable, make the amendments necessary to make the scheme consistent with any such regulations.

(6) The education authority may at any time amend a scheme made under subsection (1) above in so far as it relates to functions or conditions other than those mentioned in any regulations made under subsection (4) above, but the authority shall give the college council concerned—

(a) not less than 3 months’ notice of any such amendment; and

(b) an opportunity to make representations to, and to be heard by, the authority concerning the proposed amendment.

(7) Subject to subsections (1) to (6) above, a college council may do anything which is calculated to facilitate the exercise of the functions delegated to them by their education authority and, without prejudice to the foregoing generality, may—

(a) enter into contracts and agreements;

(b) raise funds by any means (other than borrowing);

(c) receive gifts; and

(d) invest money.