Self-Governing Schools etc. (Scotland) Act 1989

54 Establishment of college councils. S

(1) Every education authority shall, by 1st April 1990 or such later date as the Secretary of State may in relation to any education authority or college of further education direct, establish a body, to be known as a “college council”, for each such college in their area for the purpose of exercising such functions as may be delegated to it by that authority by a delegation scheme made under section 56 of this Act.

(2) Where an education authority propose—

(a) to establish a new college of further education; or

(b) to amalgamate into one college a number of existing such colleges,

they shall, as soon as they consider appropriate but in any event before students are first enrolled in the new or, as the case may be, amalgamated college, establish a college council for that college.

(3) Subsections (1) and (2) above shall not apply in relation to such classes of college of further education as may be prescribed.

(4) The members of a college council shall, subject to subsection (5) below and, in relation to casual vacancies, section 55(2)(b) of this Act, be appointed by the education authority after consultation with such organisations, including employer and trade union or other organisations—

(a) as appear to them to be representative of interests relevant to the work of the college; or

(b) as may be prescribed.

(5) The principal of a college of further education shall be a member of the college councilex officio and, in appointing the remaining members of a college council, the education authority shall—

(a) secure that—

(i) the total number of members does not exceed 20;

(ii) not less than half the members are selected from persons nominated by employers, or by employer organisations consulted by the authority under subsection (4) above; and

(iii) not more than one fifth of the members appointed by the authority are members or employees (other than persons employed at any educational establishment) of either that authority or of any other local authority;

and

(b) comply with such further conditions as to the composition of the council as may be prescribed.

(6) As from—

(a) the first occasion on which a college council established under this section discharge functions delegated to them by virtue of section 56 of this Act; or

(b) 1st October 1990 (in relation to colleges to which subsections (1) and (2) above do not apply);

any college council appointed under section 125 of the 1973 Act (schools and college councils) for the college in question shall cease to exist.

(7) Notwithstanding the repeal by this Act of—

(a) section 125 of the 1973 Act; and

(b) references to college councils in section 126 of and Schedule 10 to that Act,

those provisions shall remain in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence.

Modifications etc. (not altering text)

C1 S. 54(1) restricted by S.I. 1990/183, art. 3(1)

C2 S. 54(1) excluded by S.I. 1990/1637, art. 4(1)

C3 S. 54(2) restricted by S.I. 1990/183, art. 3(3)

C4 S. 54(2) excluded by S.I. 1990/1637, art. 4(3)

C5 S. 54(4)(5) restricted (16. 5. 1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 34(1)(8)(a) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1.