Amendment of the Further and Higher Education (Scotland) Act 19922

1

Schedule 2 of the Further and Higher Education (Scotland) Act 1992 (constitution and proceedings of boards of management)5 is amended as follows.

2

In paragraph 3—

a

in sub-paragraph (1), for “18” substitute “20”,

b

after sub-paragraph (2)(d), insert—

da

a person appointed by being nominated by a trade union from among the teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

db

a person appointed by being nominated by a trade union from among the non-teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

c

after sub-paragraph (2), insert—

2A

For the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from among a category of staff must be one that—

a

is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 19926); or

b

otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.

3

In paragraph 3A7

a

in sub-paragraph (1)—

i

for “13” substitute “15”, and

ii

for “18” substitute “20”,

b

after sub-paragraph (2)(d), insert—

da

a person appointed by being nominated by a trade union from among the teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

db

a person appointed by being nominated by a trade union from among the non-teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

c

after sub-paragraph (2), insert—

3

for the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from among a category of staff must be one that—

a

is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992); or

b

otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.

4

In paragraph 5—

a

after sub-paragraph (2)(a) insert—

aa

a member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to hold office for 4 years;

b

after sub-paragraph (2F)8 insert—

2FA

 A member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to vacate office if—

a

the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college; or

b

the member ceases to be a member of a branch of a trade union that has a connection with the college;

before the member’s period of appointment ends.