Further and Higher Education (Scotland) Act 1992

[F1 3 (1) The board of a regional college is to consist of no fewer than 15 nor more than [F2 20] members. S

(2) The board is to be comprised of—

(a) a person appointed by the Scottish Ministers to chair meetings of the board (the “chairing member”);

(b) the principal of the college;

(c) a person appointed by being elected by the teaching staff of the college from among their own number;

(d) a person appointed by being elected by the non-teaching staff of the college from among their own number;

[F3 (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;]

(e) two persons appointed by being nominated by the students' association of the college from among the students of the college; and

(f) other members appointed by the board.

[F4 (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 1992); or

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

(3) An appointment made in pursuance of sub-paragraph (2)(f) has effect only if approved by—

(a) the chairing member; and

(b) the Scottish Ministers.

(4) A person is not eligible for appointment as the chairing member under sub-paragraph (2)(a) if the person is—

(a) a member of the Scottish Parliament;

(b) a member of the House of Lords;

(c) a member of the House of Commons; [F5 or]

(d) a member of the European Parliament; F6 ...

F6 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but such a person may otherwise be appointed as a member of the board.

[F7 (5) In relation to the board of New College Lanarkshire, this paragraph is to be read subject to the modifications set out in article 5(2) of the Lanarkshire Colleges Order 2014.]]

Textual Amendments

F1 Sch. 2 paras. 3-3C substituted for Sch. 2 para. 3 (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 6(1), 23(2); S.S.I. 2014/21, art. 2, Sch. 1

F2 Word in Sch. 2 para. 3(1) substituted (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 2(2)(a)

F3 Sch. 2 para. 3(2)(da)(db) inserted (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 2(2)(b)

F4 Sch. 2 para. 3(2A) inserted (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 2(2)(c)

F5 Word in Sch. 2 para. 3(4)(c) inserted (31.3.2015) by The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 2(3)(a)

F6 Sch. 2 para. 3(4)(e) and word preceding it omitted (31.3.2015) by virtue of The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 2(3)(b)

F7 Sch. 2 para. 3(5) inserted (1.10.2014) by The Lanarkshire Colleges Order 2014 (S.S.I. 2014/250), arts. 1(1), 5(1)(2) (as amended (31.1.2024) by The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363), arts. 1, 4(2))