The Royal Conservatoire of Scotland Amendment Order of Council 2020

JurisdictionScotland
CitationSSI 2020/3
Year2020

2020 No. 3

Education

The Royal Conservatoire of Scotland Amendment Order of Council 2020

Made 7th January 2020

Laid before the Scottish Parliament 9th January 2020

Coming into force 28th February 2020

At the Council Chamber, Whitehall, the 7th day of January 2020

By the Lords of Her Majesty’s Most Honourable Privy Council

Their Lordships make the following Order in exercise of the powers conferred by sections 45 and 60(3) of the Further and Higher Education (Scotland) Act 19921and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Royal Conservatoire of Scotland Amendment Order of Council 2020 and comes into force on 28 February 2020.

(2) In this Order, “the 2014 Order” means the Royal Conservatoire of Scotland Order of Council 20142.

S-2 Amendment of the 2014 Order

Amendment of the 2014 Order

2.—(1) The 2014 Order is amended in accordance with paragraphs (2) to (14).

(2) In article 2 (interpretation)—

(a)

(a) after the definition of “the 2006 Act”, insert—

““the 2016 Act” means the Higher Education Governance (Scotland) Act 20163,”,

(b)

(b) after the definition of “the Board”, insert—

““the Chair” means the person referred to in article 3(a),”,

(c)

(c) omit the definition of “Deputy Principal”,

(d)

(d) before the definition of “the Institution”, insert—

““Governor” means a member of the Board referred to in article 3,”,

(e)

(e) omit the definition of “the Office”,

(f)

(f) after the definition of “the Secretary” insert—

(g)

(g) “student” means a matriculated student of the Institution and includes all persons holding sabbatical office in a students’ association of the Institution (whether or not they remain as students of the Institution during their period of office),

(h)

(h) omit the definition of “Senior Academic Manager”.

(3) For articles 3 (membership of the board of governors) and 4 (election of certain governors), substitute—

Membership of the Board

The membership of the Board is to be composed of—

(a)

(a) the Chair, being the person appointed by the Board to the position of senior lay member by virtue of section 8(1) (appointment and tenure) of the 2016 Act,

(b)

(b) the Principal,

(c)

(c) one Governor having the role of Assistant Principal or any other executive office as the Board considers to be of at least equivalent standing, however named, appointed by being nominated by the Principal,

(d)

(d) two Governors appointed by being elected by the staff of the Institution from among their own number,

(e)

(e) one Governor appointed by being nominated by a trade union from among the academic staff of the Institution who are members of a branch of a trade union that has a connection with the Institution, in accordance with section 10(2) (composition of governing body) of the 2016 Act,

(f)

(f) one Governor appointed by being nominated by a trade union from among the support staff of the Institution who are members of a branch of a trade union that has a connection with the Institution, in accordance with section 10(2) of the 2016 Act,

(g)

(g) two Governors appointed by being nominated by the students’ association of the Institution from among the students of the Institution,

(h)

(h) one Governor appointed by being nominated by the Academic Board from among its members, and

(i)

(i) 11 to 19 Governors appointed by the Board from time to time, in accordance with its rules and procedures, from among persons appearing to the Board to have experience in, and to have shown capacity in, industrial, commercial, employment or government matters, the performing arts or any other profession and who may not be members of staff or students of the Institution.

Appointment of the Chair

S-1

1. The Chair is to be appointed in accordance with sections 3 to 8 (senior lay member of governing body) of the 2016 Act and an appointment process prescribed by the Board.

S-2

2. Subject to article 6 (period of office of governors), the Board is to prescribe the duties, responsibilities and terms and conditions of the Chair, which may include such remuneration and allowances as the Board considers to be reasonable in accordance with section 9 (remuneration and conditions) of the 2016 Act.

Elections to Board

S-1

1. The Governors referred to in article 3(d) are to be elected in accordance with rules made by the Board in accordance with section 11 (elections to governing body) of the 2016 Act.

S-2

2. Before making or modifying rules under paragraph (1), the Board is to consult with the staff of the Institution.

S-3

3. The Board is responsible for the holding and conduct of any election referred to in paragraph (1).

Nominations to Board

S-1

1. The Governors referred to in article 3(e), (f) and (g) are to be nominated in accordance with rules made by the Board in accordance with section 12 (nominations to governing body) of the 2016 Act.

S-2

2. Before making or modifying rules under paragraph (1), the Board must consult the representatives of anyone with a right of nomination under and affected by the proposed rules or (as the case may be) modification.(3) The Governor referred to in article 3(h) is to be nominated in accordance with rules made by the Academic Board and approved by the Board.”.

(4) In article 5 (appointment of chair and vice-chair)—

(a)

(a) in paragraph (1)—

(i) omit “a Chair and”,

(ii) for “article 3(1)(a)”, substitute “article 3(i)”,

(b)

(b) in paragraph (2)—

(i) omit “Chair or”,

(ii) omit subparagraph (c),

(iii) in subparagraph (e), for “deemed to have vacated”, substitute “that Governor has resigned or been removed from”,

(c)

(c) omit paragraph (3), and

(d)

(d) in paragraph (5), for “article 3(1)(a)”, substitute “article 3(i)”.

(5) The heading of article 5 is renamed “Appointment and role of Vice-Chair”.

(6) In...

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