Higher Education Governance (Scotland) Act 2016

JurisdictionScotland
Citation2016 asp 15
Year2016
(1) The governing body of a higher education institution is to include the position of senior lay member (however the institution chooses to name the position) .the duty to preside at meetings of the governing body,a deliberative and a casting vote at such meetings,the leadership and effectiveness of the governing body,ensuring that there is an appropriate balance of authority between the governing body and the principal of the institution.(3) Another member of the governing body of a higher education institution may be selected by the governing body to exercise any of the functions mentioned in subsection (2) in the absence of the senior lay member or while the position is vacant.(4) Subsections (2) and (3) are subject to section 2.(1) Subsection (2) applies in the case of a higher education institution at which there is a rector who has functions under section 4 of the 1858 Act and section 5(5) of the 1889 Act (each of which contains provision relating to the role of the rector at an older university) .(2) Paragraphs (a) and (b) of subsection (2) of section 1 and subsection (3) of that section so far as relating to those paragraphs are of no effect in relation to the institution (but see section 5(5) of the 1889 Act (which also contains provision about who is to preside at certain meetings in the absence of the rector) ) .(3) In this section—devising the relevant criteria with respect to the position,ensuring the efficiency and fairness of the process for filling the position.exercise the functions of the senior lay member,the other members of the governing body,the academic board of the institution,the staff and students of the institution.the number of applicants for the position,the applicants,the applicants invited to an interview for the position,the applicants entitled to stand as candidates in an election for the position following such an interview.the staff of the institution,the students of the institution.(5) Rules made by the governing body of the institution may contain provision about the process for filling the position of senior lay member of the governing body (subject to sections 4 to 8) .(1) A current or upcoming vacancy in the position of senior lay member of the governing body of a higher education institution is to be advertised widely by the governing body, in a manner suitable for bringing the vacancy to the attention of a broad range of persons.sets out the functions exercisable by the senior lay member of the governing body under section 1(2) ,summarises the relevant criteria with respect to the position and states how more information about the relevant criteria can be obtained,the process for filling the position,how the application form in relation to the position can be obtained,that reimbursement is offered of expenses incurred in connection with attending an interview or campaigning in an election for the position,that remuneration and allowances are available in connection with the holding of the position.an application for the position of senior lay member of the governing body of a higher education institution is made in the correct form in response to an advertisement under section 4(1) , andthe application appears to the committee mentioned in section 3(1) to show that the applicant meets the relevant criteria with respect to the position,(2) If the applicant satisfies the committee at such an interview that the applicant meets the relevant criteria, the applicant is entitled to stand as a candidate in an election for the position.(3) The governing body of the institution is to offer every applicant for the position reimbursement of reasonable expenses that are incurred by the applicant in attending such an interview.is entitled under section 5(2) to stand as a candidate in the election, andconfirms an intention to stand as a candidate in the election.the election is to be postponed until the election can be held with more than one candidate standing (and the vacancy must be advertised under section 4(1) again) ,

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