SCHEDULE 1
Regulation 2
INSTRUMENT OF GOVERNMENT
1. Interpretation
(1) In this Instrument of Government—
“Chair” (“Cadeirydd”) means the chairperson of the Corporation;
“Clerk” (“Clerc”) means Clerk to the Corporation;
“the Corporation” (“y Gorfforaeth”) means the Coleg Cambria Further Education Corporation;
“the institution” (“y sefydliad”) means Coleg Cambria and any institution for the time being conducted by the Corporation in exercise of its powers under the Further and Higher Education Act 19923;
“member” (“aelod”) means member of the Corporation;
“Principal” (“Pennaeth”) means the chief executive of the institution;
“staff matters” (“materion staff”) means the appointment, remuneration, conditions of service, promotion, demotion, conduct, suspension, dismissal or retirement of any member of staff;
“student” (“myfyriwr”) means a student enrolled at the institution and also includes a person who is not for the time being enrolled as a student at the institution but who is on a period of authorised absence from enrolment as a student at the institution for the purposes of study or travel or for carrying out the duties of any office held by that person in the institution’s student union;
“Vice-Chair” (“Is-gadeirydd”) means the vice-chairperson of the Corporation;
“working day” (“diwrnod gwaith”) means any Monday, Tuesday, Wednesday, Thursday or Friday, other than a bank holiday or other public holiday.
(2) In this Instrument of Government, in relation to members—
(a)
(a) references to a “variable category” (“categori amrywiol”) are references to any category of members whose numbers may vary in accordance with paragraphs 2 and 4; and
(b)
(b) the following terms have the meanings given to them in paragraph 2—
“business members” (“aelodau busnes”);
“community members” (“aelodau cymunedol”);
“co opted members” (“aelodau cyfetholedig”);
“local authority members” (“aelodau awdurdod lleol”);
“parent members” (“aelodau rhieni”);
“staff members” (“aelodau staff ”);
“student members” (“aelodau myfyrwyr”); and
“Welsh Ministers Appointed Members” (“Aelodau a Benodwyd gan Weinidogion Cymru”).
2. Composition of the Corporation
(1) The Corporation must consist of—
(a)
(a) up to seven members who are, or have been, engaged or employed in business, industry or any profession or in any other field of employment relevant to the activities of the institution (to be known as “business members”);
(b)
(b) up to three members co-opted by the members of the Corporation (to be known as “co-opted members”);
(c)
(c) at least one and up to three members who are employed as and have been nominated by the staff of the institution (to be known as “staff members”). If there is more than one staff member, at least one staff member must be employed as and elected and nominated by the teaching staff and at least one staff member must be employed as and elected and nominated by the other members of staff of the institution;
(d)
(d) at least one and up to three members who are students at the institution and have been elected and nominated by the students at the institution or (as the Corporation may determine) elected and nominated by a recognised association representing the students at the institution (to be known as “student members”);
(e)
(e) up to two members who are parents of students under the age of 19 years attending the institution, who have been elected and nominated by such other parents or (as the Corporation may determine) elected and nominated by a recognised association representing such parents (to be known as “parent members”);
(f)
(f) at least one and up to three members nominated by local authorities specified by the Corporation (to be known as “local authority members”);
(g)
(g) at least one and up to three members nominated by a community body or bodies appearing to the other members to represent the interests of a section of the local community nominated by the other members (to be known as “community members”) (for the purposes of this paragraph “community body” includes any association not conducted for profit);
(h)
(h) the Principal of the institution (unless the Principal chooses not to be a member); and
(i)
(i) up to two members appointed by the Welsh Ministers in exercise of their powers under section 39 of the Learning and Skills Act 20004(to be known as “Welsh Ministers Appointed Members”).
(2) Any question as to whether a person is qualified in accordance with sub-paragraph (1) for appointment as a member to any category, must be determined by the relevant appointing authority as specified in paragraph 4.
3. Determination of membership numbers
(1) At its first meeting, the Corporation must determine—
(a)
(a) the total number of members (excluding any Welsh Ministers Appointed Members); and
(b)
(b) the number of members in each variable category.
(2) The Corporation may at any time vary the determinations referred to in sub-paragraph (1) and any subsequent determinations under this paragraph.
(3) Any determination under this paragraph must ensure that—
(a)
(a) the number of members, excluding Welsh Ministers Appointed Members, is at least 12 and no more than 20;
(b)
(b) the number of members of each variable category is within the limits set out in paragraph 2; and
(c)
(c) the number of business members is equal to one-third of the total number of members, excluding any Welsh Ministers Appointed Members, rounded up to the nearest whole number.
(4) No determination under this paragraph has effect so as to terminate the appointment of any person who is already a member at the time when it takes effect.
4. Appointments
(1) The Corporation is the appointing authority in relation to the appointment of any member other than—
(a)
(a) a Welsh Ministers Appointed Member;
(b)
(b) the first members, who are appointed by the Welsh Ministers; and
(c)
(c) where the number of members falls below the number required for a quorum, such number of members as is required for a quorum.
(2) If the number of members falls below the number required for a quorum, the Welsh Ministers are the appointing authority in relation to the appointment of such number of members as is required for a quorum.
(3) The appointing authority may decline to appoint a person if it is satisfied that—
(a)
(a) the person does not have the specified skills and experience as defined in sub-paragraph (4);
(b)
(b) the person has, within the previous ten years, been removed from office as a member of a further education corporation or institution designated under section 28 of the Further and Higher Education Act 19925;
(c)
(c) the appointment of the person would contravene any provision of any rules or bye-laws made under article 20 of the Articles of Government;
(d)
(d) the person is ineligible to be a member by virtue of paragraph 7; or
(e)
(e) in the case of a person to be appointed as a business, co-opted, local authority or community member, the Search Committee (established under article 8 of the Articles of Government) has advised that the person should not be appointed.
(4) In this paragraph “specified skills and experience” (“y sgiliau a'r profiad penodedig”) means skills and experience (other than professional qualifications) specified by the Corporation as appropriate for members.
(5) Where the office of any member other than the Principal or a Welsh Ministers Appointed Member becomes vacant, the Corporation must, as soon as practicable, take all necessary steps to appoint a new member to fill the vacancy.
(6) A local authority member may be a local authority elected councillor, a local authority employee, or any other person nominated by the local authority.
(7) Nothing in this paragraph entitles the Corporation to request more than one nomination from any of the bodies referred to in paragraph 2(1)(c) to (g) to fill any single vacancy.
5. Appointment of Chair and Vice Chair
(1) The members present at any meeting of the Corporation held before the first appointment of a Chair or Vice-Chair under sub-paragraph (2) must choose one of their number to act as chairperson for that meeting.
(2) The Corporation must appoint a Chair and a Vice Chair from among its members.
(3) Neither the Principal nor any staff or student member may be appointed Chair or Vice Chair.
(4) The Chair and Vice Chair hold office for any period determined by the Corporation.
(5) Subject to sub-paragraph (3), if both the Chair and Vice Chair are absent from any meeting of the Corporation, the members present must choose one of their number to act as chairperson for that meeting.
(6) The Chair or Vice Chair may resign from office at any time by giving notice in writing to the Clerk.
(7) If at any time the...
