The Queen Margaret University, Edinburgh (Scotland) Amendment Order of Council 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Queen Margaret University, Edinburgh (Scotland) Order of Council 2007 (“the 2007 Order”). The 2007 Order was amended by the Queen Margaret University, Edinburgh (Scotland) Amendment Order of Council 2015. The 2007 Order remains the principal governance Order in relation to the Queen Margaret University, Edinburgh (“the University”).

Article 1 of the Order provides that the Order comes into force on 1 October 2019 and provides a definition of the 2007 Order for the purposes of this Order.

Article 2 of the Order amends the 2007 Order. Article 2(2) amends article 2(1) of the 2007 Order which sets out relevant definitions. It omits the definitions of “all other staff”, and “Memorandum of Association” and “Articles of Association”. It also inserts definitions of “the 2016 Act”, “Articles of Association” and “Chair”.

Article 2(3) of the Order amends article 4 of the 2007 Order, which makes provision for the Court. Sub-paragraph (a) substitutes a new article 4(2), which sets out the composition of the Court. Sub-paragraph (b) omits paragraphs (3) and (4) which are no longer necessary and sub-paragraphs (c) to (e) make amendments that are consequential to the changes to the composition of the Court made by sub-paragraph (a). Sub-paragraph (f) inserts a new paragraph (7ZA) to provide that the Court is to make rules for the nomination of members appointed under article 4(2)(f) to (h).

Article 2(4) of the Order inserts a new article 4A (Chair of the Court) into the 2007 Order. Article 4A(1) provides that the Chair is to be appointed in accordance with sections 3 to 8 of the Higher Education Governance (Scotland) Act 2016 (“the 2016 Act”) and an appointment process prescribed by the Court. Article 4A(2) provides that the Court is to prescribe the duties, responsibilities, and terms and conditions of the Chair, which may include reasonable remuneration and allowances.

Article 2(5) of the Order makes amendments to article 5 of the 2007 Order (Vice-Chair of the Court) that are consequential to the changes to the composition of the Court, to the amendment of article 6(7) of the 2007 Order (vacation of office of member) and the insertion of article 6(8A) by article 2(6)(c) and (d) of this Order.

Article 2(6) of the Order makes amendments to article 6 of the 2007 Order (members of the Court). Sub-paragraphs (a), (b) and (e)(ii) are consequential to the changes to the composition of the Court. Sub-paragraph (c) omits sub-paragraphs (a) to (e), (g) and (i) of paragraph (7) of the 2007 Order and, in place of those provisions, sub-paragraph (d) inserts a new paragraph (8A), which provides the Court with the power to make rules regarding the procedure for the resignation and removal of Court members in accordance with section 13 of the 2016 Act; and sub-paragraph (e)(i) amends article 6(9) of the 2007 Order in consequence of those amendments.

Article 2(7) of the Order amends article 9(1) of the 2007 Order (allowances to members of the Court) to provide that the Court’s power to reimburse members for expenses does not apply to the Chair as that power is now included in new article 4A.

Article 2(8) of the Order amends article 14(1) of the 2007 Order (Senate) to provide that the Senate is to be constituted in accordance with Chapter 2 of Part 1 of the 2016 Act.

Article 2(9) of the Order omits the schedule of the 2007 Order which made amendments to the Articles of Association of the University.

Article 3(1) of the Order makes transitional provision to provide that the Chair appointed under article 4(2)(za) of the 2007 Order who is in office immediately before commencement of this Order is treated as if appointed in accordance with articles 4(2)(a) and 4A of the 2007 Order as amended by this Order. Article 3(2) makes transitional provision to ensure that student members of the Court appointed under article 4(2)(e) of the 2007 Order who are in office immediately before the commencement of this Order are treated as if appointed in accordance with article 4(2)(h) of the 2007 Order as amended by this Order.