The Royal Conservatoire of Scotland Amendment Order of Council 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Royal Conservatoire of Scotland Order of Council 2014 (“the 2014 Order”).

Article 1 of the Order provides that the Order comes into force on 28 February 2020 and provides a definition of the 2014 Order for the purposes of this Order.

Article 2 of the Order amends the 2014 Order. Paragraph (2) amends article 2 of the 2014 Order which sets out relevant definitions. It omits the definitions of “Deputy Principal”, “the Office” and “Senior Academic Manager”. It also inserts definitions of “the 2016 Act”, “the Chair”, “Governor” and “student”.

Article 2(3) omits articles 3 and 4 of the 2014 Order, and inserts new articles 3 (membership of the board), 4 (appointment of the Chair), 4A (elections to board) and 4B (nominations to board) into the 2014 Order. The new article 3 sets out the composition of the Board. The new article 4 provides that the Chair must 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 Board. Article 4A provides that elected Governors are elected in accordance with rules made by the Board and in accordance with section 11 of the 2016 Act. Article 4B provides that nominated Governors are to be nominated in accordance with rules made by the Board and in accordance with section 12 of the 2016 Act.

Article 2(4) of the Order amends article 5 of the 2014 Order (appointment of chair and vice chair) so that the article makes provisions for the Vice Chair only, and not for the Chair. It also makes amendments that are consequential to changes made by the insertion of article 4 by article 2(3) of this Order and the insertion of article 8 by article 2(8) of this Order.

Article 2(5) amends the heading of article 5 of the 2014 Order.

Article 2(6) amends article 6 of the 2014 Order (period of office of governor). Sub-paragraphs (a), (b), (d) and (e) are consequential to the changes to the composition of the Board. Sub-paragraph (c) inserts a new paragraph (2A), which provides that the Assistant Principal may be further appointed to the Board on expiry of that person’s term of office, if still eligible in accordance with the Order.

Article 2(7) omits article 7 of the 2014 Order (ineligibility of staff to be governors).

Article 2(8) omits article 8 of the 2014 Order (vacation of office of governor), and substitutes a new article 8 into the 2014 Order (resignation and removal of a governor from office), which provides the Board with the power to make rules about the resignation and removal of Governors in accordance with section 13 of the 2016 Act.

Article 2(9) omits article 9 (filling of vacancies) and article 12 (reserved areas of business) of the 2014 Order.

Article 2(10) makes amendments to article 14 of the 2014 Order (allowances to members of the board) which are consequential to the changes to the composition of the Board.

Article 2(11) makes amendments to article 17 of the 2014 Order (proceedings of the board), which are consequential to the changes to the composition to the Board, and to the insertion of article 4 by article 2(3) of this Order.

Article 2(12) of the Order amends article 19(1) of the 2014 Order to provide that the Academic Board is to be constituted in accordance with Chapter 2 of Part 1 of the 2016 Act. Membership of the Academic Board includes certain persons appointed by being elected by the academic staff or students of the institution from among their own number. It also inserts paragraphs (1A) and (1B) into article 19, relating to rules which the Board must make for the term of office of members of the Academic Board. Paragraph (1C) is also inserted and provides that the Principal is the chair of the Academic Board.

Article 2(13) of the Order omits article 20 and schedule 2 which amended the Articles of Association of the Royal Conservatoire of Scotland.

Article 2(14) of the Order omits Part I of schedule 1 and paragraph 5(b) of Part II of schedule 1 of the 2014 Order.

Article 3(1) of the Order makes transitional provision to provide that the Chair appointed under article 5(1) of the 2014 Order who is in office immediately before commencement of this Order is treated as if appointed in accordance with articles 3(a) and 4(1) of the 2014 Order as amended by this Order. Article 3(2) makes transitional provision to ensure that student Governors appointed under article 3(1)(b)(iii) of the 2014 Order who are in office immediately before commencement of this Order are treated as if appointed in accordance with article 3(g) of the 2014 Order as amended by this Order.