The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends schedule 2 of the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”), schedule 2B of the Further and Higher Education (Scotland) Act 2005 (“the 2005 Act”) and the Lanarkshire Colleges Order 2014 (“the 2014 Order”).

Article 2 amends schedule 2 of the 1992 Act. It increases the maximum number of members of a board of management of a regional college. It also increases the minimum and the maximum number of members of a board of management of a college, incorporated under Part 1 of the 1992 Act, which is not a regional college. In addition, provision is made to require trade union nominees on the boards of management of both types of college, namely one person nominated by a trade union from among the teaching staff of the college, and one person nominated by a trade union from among the support staff of the college. The nominating trade union must either be recognised by the board of management or appear to that board to be representative of the staff of the college. Trade union nominee members of a board of management are to hold office for 4 years and must vacate office on ceasing to be a member of staff of the college or a member of a branch of a trade union with a connection to the college.

Article 3 amends schedule 2B of the 2005 Act. It increases the minimum number of members of a regional board and increases the maximum number of other members which the board can appoint. It also makes provision to require trade union nominees on a regional board, namely one person nominated by a trade union from among the teaching staff, and one person nominated by a trade union from among the support staff, from among the regional board’s colleges. The nominating trade union must either be recognised by the regional board or appear to that board to be representative of the staff of the board’s colleges. Trade union nominee members of a regional board are to hold office for 4 years and must vacate office on ceasing to be a member of staff of the board’s colleges or on ceasing to be a member of a branch of a trade union with a connection to the board’s colleges.

Article 4 makes provision under the 1992 Act to amend the 2014 Order which modifies schedule 2 of the 1992 Act in respect of the board of management of New College Lanarkshire. Further modifications made by this Order increase the minimum and maximum number of members of the board of management of New College Lanarkshire. Provision is also made to require trade union nominees on the board of management of New College Lanarkshire. There is to be one person nominated by a trade union from among the teaching staff of New College Lanarkshire and South Lanarkshire College and one person nominated by a trade union from among the support staff of New College Lanarkshire and South Lanarkshire College. The nominating trade union must either be recognised by the board of management of New College Lanarkshire or appear to that board to be representative of the staff of the colleges. Trade union nominee members of the board of New College Lanarkshire are to hold office for 4 years and must vacate office on ceasing to be a member of staff of New College Lanarkshire or South Lanarkshire College or on ceasing to be a member of a trade union with a connection to the colleges.