Part 1Further and higher education etc.
F1 Regional boards: constitution etc.
23QF2Mismanagement by regional boards
1
This section applies where it appears to the Scottish Ministers that a regional board—
a
has committed or is committing—
i
a serious breach of any term or condition of a grant made to it under section 12(1)(c); or
ii
repeated breaches of such terms or conditions;
b
has failed or is failing—
i
properly to discharge its responsibility for administering the funds made available to it under that section in respect of its colleges; or
ii
to discharge any of its duties properly; or
c
has mismanaged, or is mismanaging, its financial or other affairs.
2
Where this section applies, the Scottish Ministers may by order—
a
remove any or all of the members of the regional board; and
b
where a removed member was appointed under paragraph 3(2)(a) or (f) of schedule 2B, appoint another person in place of the removed member.
3
Before making an order under subsection (2)(a), the Scottish Ministers must consult the Council.
4
The Scottish Ministers must give notice of exercise of the power of removal conferred by subsection (2)(a) to the board and the member.
5
An appointment made under subsection (2)(b) has effect as if made under the provision of paragraph 3 of schedule 2B under which the removed member was appointed.
S. 23P and cross-heading inserted (1.5.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 11(1), 23(2); S.S.I. 2014/79, art. 2(1), Sch. 1