Provisions required in instrument of government
103.—(1) The instrument of government of an institution of further education shall provide for the governing body to consist of not more than twenty-five members, of whom—
(a)not less than one-half shall be persons selected from among persons appearing to the person or persons selecting them to be, or to have been, engaged or employed in business, industry or any profession;
(b)not more than one-fifth shall be persons selected and appointed by the board, of whom not more than one-half shall be members of district councils;
(c)not more than one-tenth shall be elected by teachers at that institution from amongst such teachers;
(d)at least one shall be co-opted by the other members of the governing body.
(2) The members of the governing body other than those mentioned in paragraph (1)(b), (c) or (d) shall be selected and appointed in accordance with the instrument of government.
(3) The instrument of government shall make provision regulating the election of teachers to the governing body under paragraph (1)(c) and shall provide that a teacher elected as a member of the governing body shall, on ceasing to be a teacher at the institution of further education, cease to hold office as a member of the governing body.
(4) The instrument of government shall provide that persons who are—
(a)members of, or of any committee or sub-committee of, any board or district council; or
(b)employed by any board or district council,
are disqualified for being members of the governing body of the category mentioned in paragraph (1)(a).
(5) The provision made by the instrument of government by virtue of paragraph (4)(a) shall not be such as to disqualify a member of the governing body for being such a member by reason only of the fact that he becomes, by virtue of that office, a member of a committee or sub-committee of a board or district council.
(6) Notwithstanding any provision made by the instrument of government by virtue of any of the preceding provisions of this Article, the board shall appoint all the members of the governing body of an institution of further education as first constituted in accordance with this Article.
(7) In making those appointments, the board—
(a)shall first appoint all members other than members of the category mentioned in paragraph (1)(d); and
(b)shall appoint as the members of that category persons nominated in accordance with the instrument of government by the members already appointed.
(8) In the case of the initial members within the category mentioned in paragraph (1)(a), the board shall appoint persons nominated by bodies determined by the board in accordance with paragraph (9).
(9) In determining the bodies who are to be entitled to nominate such persons for appointment, the board shall consult—
(a)the management committee constituted for the institution under Article 28 of the principal Order;
(b)such bodies representing business or industrial interests, the professions or trade unions as the board considers appropriate.
(10) In determining the provision to be included in any instrument of government for an institution of further education, a board shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in any such instrument.