# Further and Higher Education (Scotland) Act 1992, Paragraph 5

Extent: S

(1) Subject to this paragraph and paragraphs 5A and 5B below, a member of the board—
(a) if appointed in pursuance of paragraph 3(2)(a) as the chairing member of the board of a regional college, holds and vacates office on such terms and conditions as the Scottish Ministers may determine;
(b) if appointed in pursuance of paragraph 3(2)(c) to (f) as a member of the board of a regional college, holds and vacates office on such terms and conditions as the board may determine;
(c) if appointed in pursuance of paragraph 3A(2)(a) or (c) to (f) as a member of the board of a college which is not a regional college, holds and vacates office on such terms as the regional strategic body may determine; and
(d) is, on ceasing to hold office, eligible for re-appointment.
(2) Subject to sub-paragraphs (2A) to (2G) below—
(a) a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to hold office for 4 years;
(aa) a member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to hold office for 4 years;
(b) a member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to hold office until 31 August following appointment; and
(c) each other member of the board (including the chairing member) is to hold office for such period (not exceeding 4 years) as is specified in the member's terms of appointment.
(2A) The Scottish Ministers may extend the period of appointment of the chairing member of a regional college for a single further period not exceeding 4 years.
(2B) The board of a regional college may extend the period of appointment of a member appointed under paragraph 3(2)(f) for a single further period not exceeding 4 years (but such an extension has effect only if approved by the chairing member and the Scottish Ministers).
(2C) A regional strategic body may extend the period of appointment of a member it appoints under paragraph 3A(2)(a) or (f) for a single further period not exceeding 4 years.
(2D) The chairing member of a regional college is to vacate office if the member becomes a person of the type described in paragraph 3(4).
(2E) The principal of a college is to vacate office on ceasing to be the principal.
(2F) A member appointed under paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to vacate office if the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college before the member's period of appointment ends.
(2FA) A member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to vacate office if—
(a) the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college; or
(b) the member ceases to be a member of a branch of a trade union that has a connection with the college;
before the member’s period of appointment ends.
(2G) A member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to vacate office if the member ceases to be a student of the college before the member's period of appointment ends.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A member of the board, other than the principal of the college, may resign his office at any time by giving notice in writing to —
(a) in the case of the chairing member of the board of a regional college, the Scottish Ministers;
(b) in the case of any other member of the board a regional college, the board;
(c) in the case of any member of the board of a college which is not a regional college, the regional strategic body.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/further-and-higher-education-scotland-act-1992/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.