Article 2 Amendment of the 2007 Order

(1)

The 2007 Order is amended in accordance with the following paragraphs.

(2)

In article 2(1) (interpretation)—

(a)

for the definition of “all other staff”, substitute—

““the 2016 Act” means the Higher Education Governance (Scotland) Act 2016^f1,

“Articles of Association” means the Articles of Association of the University^f2,

“Chair” means the person referred to in article 4(2)(a),”,

(b)

omit the definitions of “Memorandum of Association” and “Articles of Association”,

(c)

for the definition of “the objects of the University”, substitute—

““the objects of the University” means the objects set out in the Articles of Association,”.

(3)

In article 4 (the court)^f3—

(a)

for paragraph (2), substitute—

“(2)
The membership of the Court is to be composed of—

(a)
the Chair, being the member appointed by the Court to the position of senior lay member by virtue of section 8 of the 2016 Act,

(b)
the Principal,

(c)
the Vice-Principal, or if there are two Vice-Principals, both of them, or if there are more than two Vice-Principals, such two Vice-Principals as are nominated by the Principal,

(d)
one member appointed by being nominated by the Senate from among its members who are academic staff,

(e)
two members appointed by being elected by the staff of the University from among their own number,

(f)
one member appointed by being nominated by a trade union from among the academic staff of the University who are members of a branch of a trade union that has connection with the University,

(g)
one member appointed by being nominated by a trade union from among the support staff of the University who are members of a branch of a trade union that has a connection with the University,

(h)
two members appointed by being nominated by the students’ association of the University from among the students of the University, and

(i)
11 to 15 lay members appointed by the Court from time to time in accordance with its rules and procedures with the aim of the Court having a broad range of skills and experience.”,

(b)

omit paragraphs (3) and (4),

(c)

for paragraph (5), substitute—

“(5)
The Court is to make rules for the election of members to be appointed under paragraph (2)(e) in accordance with section 11 of the 2016 Act.”,

(d)

in paragraph (6), omit “academic” and “or all other staff of the University, as the case may be,”,

(e)

in paragraph (7), for “(2)(d)(ii) or (iii)”, substitute “(2)(e)”,

(f)

after paragraph (7), insert—

“Nomination of certain members

(7ZA)
The Court is to make rules for the nomination of members appointed under paragraph (2)(f) to (h) in accordance with section 12 of the 2016 Act.”.

(4)

After article 4, insert—

“Chair of the Court

4A.

(1)
The Chair is to be appointed in accordance with sections 3 to 8 of the 2016 Act and an appointment process prescribed by the Court.

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

(5)

In article 5 (vice-chair of the court)^f4—

(a)

in paragraphs (1) and (4), for “4(2)(a)”, substitute “4(2)(i)”,

(b)

in paragraph (2)(d), after “article 6(7)”, insert “or resigns as a member or is removed as a member in accordance with rules made under article 6(8A)”.

(6)

In article 6 (members of the court)—

(a)

in paragraph (1), for “ex officio”, substitute “under article 4(2)(b) or (c)”,

(b)

in paragraph (6), for “ex officio or a member appointed in accordance with article 4(2)(d)”, substitute “appointed in accordance with article 4(2)(b) to (g)”,

(c)

in paragraph (7)—

(i)

omit sub-paragraphs (a) to (e) and (g),

(ii)

omit “or” following sub-paragraph (h),

(iii)

omit sub-paragraph (i),

(d)

after paragraph (8), insert—

“Resignation and removal of members

(8A)
The Court may make rules about the procedure for the resignation and removal of its members in accordance with section 13 of the 2016 Act.”,

(e)

in paragraph (9)—

(i)

omit “under paragraph (7)”,

(ii)

omit “or elected”.

(7)

In article 9(1) (allowances to members of the court), after “member”, insert “appointed under article 4(2)(b) to (i)”.

(8)

In article 14(1) (senate), after “Principal”, insert “, provided that the constitution of the Senate is in accordance with Chapter 2 of Part 1 of the 2016 Act.”.

(9)

Omit article 15 and the schedule (variation and revocation of articles of association).

Annotations

Footnotes

f1: 2016 asp 15.
f2: Queen Margaret University, Edinburgh is a company limited by guarantee registered in Scotland under company number SC007335.
f3: Article 4 was amended by article 3 of S.S.I. 2015/305.
f4: Article 5 was substituted by article 4 of S.S.I. 2015/305.