Regulation 8 Disqualification from membership

(1)

A person shall be disqualified from becoming or remaining a member of a college council if—

(a)

he is a person who would be disqualified for seeking election as, or for being, a member of a local authority by virtue of subsection (1)(b) (as read with subsections

(2)

and (3)) or subsection (1)(c) of section 31 of the Local Government (Scotland) Act 1973^f1;

(b)

he is subject to legal incapacity (except where he is aged 16 years or more and no cause of legal incapacity other than minority exists or occurs); or

(c)

being a person who has been nominated by an employer, or by an employer organis ation, for appointment to the college council in accordance with section 54(5)(a)(ii) of the Act, he is a full-time student at the college, or a member or employee of a local authority,

and the education authority shall declare vacant the place of a member so disqualified.

(2)

A person shall be disqualified from remaining a member of a college council and the education authority shall declare his place vacant if he—

(a)

fails to attend all meetings both of the college council and of any committee of the college council to which he has been appointed during a period of 6 months, without the consent of the college council;

(b)

is unable, due to physical or mental illness or incapacity, to perform his duties as a member of the college council;

(c)

has failed to comply with the requirements of regulation 9(2) or (7).

(3)

The education authority may declare that a person shall cease to be a member of a college council, and in such case shall declare his place vacant, if —

(a)

being a student or a staff member, he has ceased to be a student or to be employed, as the case may be, at the college; or

(b)

being a member who, when he was appointed, was a member or employee (other than a person employed at any educational establishment) of either the education authority or any other local authority, he has ceased to be such a member or employee, as the case may be,

for a period of at least 6 months.

(4)

A retiring member of a college council shall not be disqualified (by reason of such retirement) from further election.

Annotations

Footnotes

f1: 1973 c. 65; section 31(2) was amended by the Bankruptcy (Scotland) Act 1985 (c. 66), Schedule 7, paragraph 12.