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.