Explanatory note
(This note is not part of the Order)
This Order amends the Glasgow Caledonian University Order of Council 2010 (“the 2010 Order”).
Article 1 provides that the Order comes into force on 1 October 2020 and provides a definition of the 2010 Order for the purposes of this Order.
Article 2 of the Order amends the 2010 Order. Article 2(2) amends article 2 of the 2010 Order which sets out relevant definitions.
Article 2(3) and (4) of the Order make minor amendments to articles 4 and 5 of the 2010 Order respectively (functions and powers of the University Court). Article 2(5) makes amendments to article 8 of the 2010 Order (matters which the University Court cannot delegate).
Article 2(6) of the Order omits articles 10 and 11 of the 2010 Order and inserts new articles 10 to 11C. New article 10 sets out the membership of the University Court. Article 11 provides that governors elected under article 10 are elected in accordance with rules made by the University Court in accordance with section 11 of the Higher Education Governance (Scotland) Act 2016 (“the 2016 Act”). Article 11A provides that governors nominated under article 10 are to be nominated in accordance with rules made by the University Court in accordance with section 12 of the 2016 Act. Article 11B provides that the Chair must be appointed in accordance with sections 3 to 8 of the 2016 Act and an appointment process prescribed by the University Court. Article 11C makes provision for the appointment of the Vice-Chair. Article 2(7) to (9) and (12) of the Order make consequential amendments relating to the new composition of the Court.
Article 2(10) of the Order substitutes articles 16, 17 and 18 of the 2010 Order (ineligibility of staff to be governors, vacation of office of governors and filling of vacancies) with a new article 16 to provide a power for the University Court to make rules for the resignation and removal of governors. Article 2(11) omits article 20 of the 2010 Order (reserved areas of business).
Article 2(13) of the Order amends article 26 of the 2010 Order (Chancellor) by including additional paragraphs to make provision in relation to the appointment and role of the Pro-Chancellor. Article 2(14) and (15) of the Order make minor amendments to articles 27 and 28 of the 2010 Order respectively (Principal and Vice-Chancellor and staff).
Article 2(16) of the Order substitutes article 30 of the 2010 Order (University Senate) with new articles 30 (appointment of Senate), 30A (functions of Senate) and 30B (proceedings of Senate). Article 2(17) of the Order omits the schedule of the 2010 Order which made provision for the Senate.
Article 3(1) of the Order makes transitional provision for the Chair to provide that the Chair appointed under the 2010 Order who is in office immediately before commencement of this Order is treated as if appointed in accordance with the 2010 Order as amended by this Order. Article 3(2) of the Order makes transitional provision to ensure that the President of the Students’ Association appointed as governor under the 2010 Order who is in office immediately before the commencement of this Order is treated as if appointed in accordance with the 2010 Order as amended by this Order.