Explanatory note

This Order sets out the governance arrangements for Abertay University (“the University”), replacing the arrangements set out in the University of Abertay Dundee (Scotland) Order of Council 1994, which is revoked.

Article 1 provides that the Order comes into force on 1 September 2019. Article 2 provides various definitions of terms that are used in the Order.

Articles 3 and 4 in Part 2 of the Order make provision for the University. Article 3 narrates the change of name of the University to Abertay University and of the governing body to the University Court of Abertay University and provides that references to previous names of both are to be read as references to the new names from the date of coming into force of this Order. Article 4 sets out the objects of the University.

Articles 5 to 15 in Part 3 of the Order make provision for the University Court. Article 5 makes provision for the powers and functions of the University Court, which are further set out in schedule 1. Article 6 provides that the University Court may delegate its powers, functions and duties but sets out matters that must not be delegated. Article 7 provides for the University Court to make appropriate financial arrangements for the University, which includes keeping accounts and investing funds. Further provision for financial arrangements is set out within the powers and functions of the University Court in schedule 1.

Article 8 sets out the composition of the University Court which is to comprise a Chair of Court who is the senior lay member by virtue of section 8 of the Higher Education Governance (Scotland) Act 2016 (“the 2016 Act”), the Principal and Vice-Chancellor (“the Principal”), one or two Vice-Principal and Deputy Vice-Chancellors (“Vice-Principals”) nominated by the Principal, two persons elected by and from the staff of the University, two persons nominated by a trade union with a connection to the University (one from among the academic staff and one from among the support staff), two persons nominated by the students’ association, one person nominated by the Senate and 10 to 14 members appointed by the University Court (“lay members”).

Article 9 makes further provision for the appointment of the Chair of Court who is to be appointed in accordance with the 2016 Act and an appointment process prescribed by the University Court. Article 10 provides that the University Court is to appoint a Vice-Chair from among the lay members who, in the absence of the Chair of Court or when that position is vacant, is to chair meetings of the University Court and exercise the functions of the Chair of Court. In the absence of both the Chair of Court and the Vice-Chair at any meeting, the University Court is to appoint a chair from among the lay members.

Article 11 provides that the University Court is to make rules for the election of members by the staff and is to consult the staff before making those rules. Article 12 provides that the University Court is to make rules for the nomination of the members nominated by the Principal, trade union and students’ association (and, in relation to the trade union and students’ association nominees, is to consult the representatives of anyone with a right of nomination under and affected by the proposed rules). The University Court is to approve rules made by the Senate for nomination of the member nominated by that body.

Article 13 provides that the University Court is to make rules relating to the term of office of its members, eligibility for re-appointment and maximum term of office. Article 14 provides that the University Court may make rules relating to the procedure for resignation and removal of its members. Article 15 provides that the University Court may make rules for identifying and managing conflicts of interest of its members and members of its committees.

Articles 16 to 19 in Part 4 of the Order make provision relating to the appointment of the Chancellor, Principal, Vice-Principals and Secretary to the University Court. Article 16 provides that the University Court is to appoint a Chancellor as the titular head of the University who is to confer degrees and other awards. Article 17 provides for the appointment by the University Court of the Principal and for the University Court to make arrangements for the discharge of such of its functions by the Principal as it may prescribe. In carrying out those functions the Principal has all the powers of the University Court but is subject to its overall control. In the absence of the Chancellor, the Principal is to carry out any of the functions of the Chancellor that the University Court may prescribe. Article 18 provides for the appointment of such Vice-Principals as the University Court considers appropriate and makes provision for the functions of the Vice-Principals. In the absence of the Chancellor and the Principal, the University Court may appoint a Vice-Principal to carry out such of the functions of the Chancellor as it may prescribe. Article 19 provides that the University Court is to appoint a Secretary to the University Court and is to prescribe the Secretary’s duties.

Articles 20 and 21 in Part 5 of the Order make provision relating to the Senate. Article 20 provides that the composition of the Senate is to be determined by the University Court in accordance with the 2016 Act and the University Court is to make rules relating to the term of office of Senate members, including eligibility for re-appointment. Article 21 requires for the proceedings of the Senate to be regulated by a scheme made by the Senate and approved by the University Court.

Part 6 of the Order makes provision relating to the students’ association. Article 22 provides that the University Court is to make a scheme for the constitution and functions of a students’ association which is to include rules for the students’ association to make representations to the University Court. It provides that the University Court is to approve the constitution of the students’ association and any changes to the constitution, and is to review the constitution at intervals of not more than 5 years. It also provides that the University Court is to pay any monies to the students’ association that it considers appropriate.

Articles 23 to 25 in Part 7 of the Order make miscellaneous provision. Article 23 makes transitional provision for the Chairman of the University Court and the president of the students’ association who are in office immediately before the coming into force of this Order to be treated for the remainder of their period in office as if appointed under article 8 of this Order. Article 24 makes amendments to the Dundee College of Technology Scheme 1975 as set out in schedule 2. Finally, article 25 revokes the University of Abertay Dundee (Scotland) Order of Council 1994.