The Scottish College of Textiles (Scotland) Order of Council 1993

Contents

Part I · Citation, commencement and interpretation

Article 1Citation and commencement#

This Order may be cited as The Scottish College of Textiles (Scotland) Order of Council 1993 and shall come into force on 1st January 1994.

Article 2Interpretation#

(1)In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:• “academic council” means the body of persons appointed in accordance with article 18;• “the institution” means The Scottish College of Textiles being an institution designated under section 44 of the Act;• “articles” means the Articles of Association of the institution dated 26th October 1922, as amended by special resolutions passed on 27th December 1949, 27th December 1967, 21st June 1990 and 17th December 1992;• “governing body” means the governing body of the institution constituted by Article 46 of the articles;• “co-opted membership” means the membership of the governing body co-opted in accordance with article 5;• “core membership” means the membership of the governing body appointed in accordance with article 4;• “governor” means a member of the governing body;• “memorandum” means the Memorandum of Association of the institution dated26th October 1922, as amended by special resolutions passed on 1st November 1968,21st June 1990, 21st March 1991 and 17th December 1992;• “principal” means the principal or any person authorised, whether for the purposes of this Order or otherwise, for the time being to act as principal of the institution and “vice-principal” shall be construed accordingly;• “the Act” means the Further and Higher Education (Scotland) Act 1992;• “the 1988 Regulations” means The Central Institutions (Scotland) Regulations 1988; and• “the staff” means the academic and non-academic staff of the institution.

(2)In this Order, unless the context otherwise requires, any reference to a numbered article, Part or Schedule shall be construed as a reference to the article, Part or Schedule, as the case may be, which bears that number in this Order, and any reference to a numbered paragraph in an article of, or Schedule to, the Order is to be construed as a reference to the paragraph bearing that number in that article or, as the case may be, that Schedule.

Part II · Governing body

Article 3The composition of the governing body#

The governing body shall be composed of a core membership appointed in accordance with article 4 and a co-opted membership appointed in accordance with article 5.

Article 4Core membership#

(1)The core membership of the governing body shall be composed of:—

(a)governors of a number determined in accordance with paragraph (2), being not less than 9 and not more than 13, who shall be appointed by the core membership from among persons appearing to them to have experience of, and to have shown capacity in, industrial, commercial or employment matters or the practice of any profession;

(b)the principal, the vice-principal and the president of the students' representative council in the institution, as governorsex officiis; and

(c)staff governors appointed as follows:—

(i)one who shall be appointed by the academic council from among the members of the full-time academic staff who are members of the academic council;

(ii)one who shall be elected by the full-time academic staff from among such staff; and

(iii)one who shall be elected by the full-time non-academic staff from among such staff.

(2)The governing body shall from time to time by resolution determine, subject to the limits stated in paragraph (1)(a), the number of governors to be appointed under that paragraph.

(3)A resolution under paragraph (2) shall not have effect so as to terminate the appointment of any person who is a governor at the time when it takes effect.

(4)Where a resolution under paragraph (2) increases the number of governors to be appointed under paragraph (1)(a), the core membership of the governing body shall make additional appointments accordingly.

Article 5Co-opted membership#

(1)The governing body shall co-opt, subject to paragraph (2), not less than 2 and not more than 6 persons to serve as governors, which co-opted membership shall include—

(a)at least one person having experience of local government; and

(b)at least one person having experience in the provision of education.

(2)The governing body may co-opt more than 2 governors only if upon such co-option the governors appointed under article 4(1)(a) remain in overall majority in the governing body.

Article 6Election of certain governors#

(1)The governing body shall:—

(a)after consultation with the full-time academic staff, make rules for the election of the governors to be elected by the full-time academic staff from among such staff under article 4(1)(c)(ii); and

(b)after consultation with the full-time non-academic staff, make rules for the election of the governors to be elected by the full-time non-academic staff from among such staff under article 4(1)(c)(iii).

(2)Any rules made by the governing body under paragraph (1) above may, after consultation with the full-time academic staff or with the full-time non-academic staff, whichever is appropriate, be revoked and replaced, or varied, by further rules made by the governing body.

(3)The governing body shall be responsible for the holding and conduct of any election to be held for the appointment of governors under article 4(1)(c)(ii) or (iii).

Article 7Appointment of chairman and vice-chairman#

(1)The governing body shall appoint a chairman and a vice-chairman from among the governors appointed under article 4(1)(a).

(2)The following provisions shall apply to any chairman or vice-chairman appointed under paragraph (1):—

(a)he shall hold office for such period as may be determined by the governing body;

(b)the period of his office shall not extend beyond his period of office as governor;

(c)he may resign from office;

(d)he may be removed from office by resolution of the governing body; and

(e)he shall cease to hold office if he is deemed to have vacated office as a governor under article 11.

(3)

(a)The chairman shall preside at meetings of the governing body, and in his absence the vice-chairman shall preside; and

(b)in the absence of both the chairman and the vice-chairman, members of the governing body present may appoint one from among the governors appointed under article 4(1)(a) to preside at any meeting.

Article 8Period of office of governors#

(1)Any governorex officiospecified in article 4(1)(b) shall hold the office of such a governor for the duration of his tenure of the office by virtue of which he is such a governor.

(2)Any governor appointed to the governing body under article 4(1)(a) or (c) or co-opted to it under article 5 may be further appointed or co-opted to it on expiry of his term of office, if he is still eligible in accordance with this Order and his appointment is not precluded by paragraph (3).

(3)A person shall not be appointed or co-opted to the governing body where his term of office, if aggregated with any previous terms of office, would cause him to serve for more than 12 years as a governor.

(4)For the purposes of paragraph (3), a term of office shall include any term of office as a governor, whether served before or after the coming into force of this Order, and whether taken by appointment under article 4(1)(a) or (c) or co-option under article 5, or otherwise, but not any term of office servedex officio.

(5)The governing body shall make rules for the duration of the terms of office of governors appointed under article 4(1)(a) or (c) or co-opted under article 5, which rules may be revoked and replaced, or varied, by further rules made by the governing body.

Article 9Age limit for governors#

A person who has attained the age of 70 years shall not thereafter be eligible to take office, whether for a first or subsequent term, as a governor:• Provided that nothing in this article shall prohibit a person who attains the said age during a term of office as a governor from continuing as a governor until the expiry of that term.

Article 10Ineligibility of staff to be governors#

A person shall be ineligible to be appointed or co-opted as a governor or, where appropriate, to remain in office as a governor other than in the case of a governorex officioor a governor appointed in accordance with article 4(1)(c), if he is a member of the staff.

Article 11Vacation of office of Governor#

A governor shall be deemed to have vacated his office as governor and the governing body of which he was a member shall declare his place vacant, in any of the following circumstances:—

(a)where he intimates in writing to the governing body his resignation as a governor;

(b)where his estate is sequestrated or a bankruptcy order is made against him or he has granted a trust deed for, or entered into an arrangement with, his creditors;

(c)where he becomes unable to carry out his duties as a governor by reason of physical or mental illness;

(d)where he has failed to attend any meetings of the governing body or any of its committees or sub-committees for a period longer than six consecutive months otherwise than for a reason approved by the governing body;

(e)in the case of a staff governor whose appointment falls to be made under article 4(1)(c) either from among the members of the academic council or from the full-time academic or non-academic staff, when he ceases to be a member of the academic council or the full-time academic or non-academic staff, as the case may be; or

(f)where in accordance with article 10 he becomes ineligible to remain in office as a governor.

Article 12Filling of vacancies#

(1)Where the place of a governor who has been appointed to the office of governor under article 4(1)(a) has been declared vacant under article 11, or where such a governor had died, the core membership shall appoint a governor to fill the vacancy.

(2)Where the place of a governor who has been appointed to the office of governor under article 4(1)(c) has been declared vacant under article 11, or where such a governor has died:—

(a)in the case of a governor appointed under article 4(1)(c)(i), the governing body shall intimate the vacancy to the academic council who shall appoint a governor to fill the vacancy; and

(b)in the case of a governor elected under article 4(1)(c)(ii) or (iii) an election shall be held to fill the vacancy in accordance with article 6 and the relevant rules made under it.

(3)Where the place of a governor who has been co-opted to the office of governor under article 5 has been declared vacant under article 11, or where such a governor has died, the governing body shall co-opt a governor to fill the vacancy if that is necessary to satisfy the requirements of article 5(1), and in other cases may so co-opt a governor in accordance with article 5.

Article 13Reserved areas of business#

Where any meeting of the governing body or of any committee of the governing body, as the case may be, is to consider any of the following matters, that is to say, the salary, conditions of service, appointment, promotion, suspension or dismissal of any member of the staff, any governor who is a governorex officioby virtue of holding office as president of the students' representative council in accordance with article 4(1)(b), and any governor co-opted under article 5 who is a full-time student in the institution, shall withdraw from the meeting, or that part of the meeting, as the case may be, at which any of the said matters are to be considered, unless invited to remain by virtue of a resolution of the other members of the governing body or committee thereof, as the case may be, present at the meeting.

Article 14Validity of proceedings of governing body#

No failure or defect in the appointment or co-option of any governor and no vacancy in the office of governor shall prevent the governing body from acting in the execution of its functions, nor shall any act or proceedings of the governing body or of any committee appointed by it be invalidated or be illegal by reason of or in consequence of any such vacancy or of any such defect in the appointment or co-option of any one or more governors.

Part III · Powers of governing body

Article 15Allowances to members of the governing body#

The governing body may pay to any of its members such financial loss allowances and travelling and subsistence allowances as they think appropriate.

Article 16Pensions, allowances and gratuities for staff#

(1)Subject to the following provisions of this article, the governing body shall have power to pay such sum or sums by way of pension, allowance or gratuity as they may think fit to:—

(a)any member of the staff, on his retirement, through age or permanent incapacity, from the employment of the institution; or

(b)the surviving spouse or any dependant of any such member in the event of the death of the member in the employment of the institution,

in respect of any period of such member’s service in the employment of the institution.

(2)In paragraph (1) the reference to the permanent incapacity of a member of the staff is a reference to a disability of mind or body of such a nature or to such an extent as, in the opinion of the governing body, renders that member permanently incapable of continuing to serve efficiently in the employment of the institution.

(3)A pension, allowance or gratuity under this article shall not be payable in respect of any period of service which is reckoned for the purpose of any other pension, allowance, gratuity, or other like benefit, payable:—

(a)out of any superannuation scheme or fund established by or under any enactment; or

(b)directly or indirectly out of monies provided by Parliament or by a local authority out of any tax, charge or rate levied by them.

(4)In paragraph (3) the reference to “any other pension” does not include a retirement pension under Part II of the Social Security Contributions and Benefits Act 1992 and the reference to “like benefit” does not include any other benefit under that Act.

Part IV · Administration of the institution

Article 17Discharge of functions by the principal#

(1)The governing body shall make arrangements to secure that such of their functions as are specified in paragraph (2) shall be discharged on their behalf by the principal.

(2)In pursuance of arrangements made under paragraph (1) the principal shall discharge the functions of the governing body (other than those delegated to the academic council by virtue of article 18(3) of this Order) relating to the organisation and management of the institution and to the discipline therein.

(3)In discharging the functions specified in paragraph (2), the principal shall be subject to the general control and direction of the governing body but otherwise the principal shall have all the powers and duties of the governing body in relation to those functions.

Article 18Academic council#

(1)Subject to paragraph (2), the governing body shall appoint, and maintain by further appointment, an academic council in the manner specified in Part I of Schedule 1.

(2)The proceedings of the academic council shall be regulated in accordance withPart II of Schedule 1.

(3)The governing body shall delegate to the academic council the following of its functions:—

(a)the functions of the governing body relating to the over-all planning, co-ordination, development and supervision of the academic work of the institution; and

(b)such other functions of the governing body as may be assigned to the academic council by the governing body:

Provided that the functions specified in this paragraph shall be discharged by the academic council subject to the general control and direction of the governing body.

(4)In discharging the functions specified in paragraph (3), the academic council shall have all the powers and duties of the governing body in relation to those functions and shall have the power to make any recommendation to the governing body on such matters relating to those functions as the academic council may think fit.

(5)The governing body shall make arrangements to secure that the academic council shall discharge the functions imposed on them by or under paragraph (3).

Article 19Students' Representative Council#

The governing body shall make arrangements to secure the establishment of a students' representative council and shall oversee its constitution and the regulation of its proceedings.

Part V · Variations, revocations, transitional provisions and savings

Article 20Variations and revocations of provisions of the memorandum and articles#

The provisions of the memorandum and articles (being, by virtue of article 21(3), the provisions thereof without any variation or revocation effected by the 1988 Regulations) are hereby varied or revoked, as the case may be, to the extent specified in Schedule 2 to this Order.

Article 21Partial revocation of the 1988 Regulations#

(1)The 1988 Regulations are hereby revoked insofar as they apply to the institution.

(2)In Schedule 2 to those Regulations, paragraphs 16 and 17 relating respectively to the memorandum and articles are hereby revoked.

(3)The variations and revocations of provisions of the memorandum and articles effected by regulation 20 of the 1988 Regulations and the said paragraphs 16 and 17 of Schedule 2 to those Regulations shall cease to have effect and the provisions of that memorandum and articles shall be restored, subject to any variation or revocation effected by article 20.

Article 22Change of Name of Endowments Scheme#

The Scottish Woollen Technical College Endowments Scheme 1958 shall be renamed The Scottish College of Textiles Endowments Scheme 1958.

Article 23Savings and transitional provisions#

(1)The determination of the number of governors to be appointed to the core membership of the governing body made by the Secretary of State on 1st January 1989 shall have the like effect for the purposes of this Order as a determination under article 4(2).

(2)Any governors in office at the commencement of this Order in accordance with any provision of the 1988 Regulations shall continue as governors for the remainder of their period of office as if they had become governors in accordance with the corresponding provision of this Order.

(3)Any members of the academic council established under the 1988 Regulations in office at the commencement of this Order shall continue as members of the academic council established under article 18 for the remainder of their period of office.

Schedule 1 · Academic council

Part I · Appointment

(1)The academic council (hereinafter called “the council”) shall be appointed in such manner as to ensure that the council consists of:—

(a)the holders of the following posts in the institution, namely the posts of principal, vice-principal (if any), head of department, the president of the students' representative council and chief librarian (however designed)ex officiis(hereafter called “membersex officiisof council”);

(b)such number of members of the full-time academic staff and matriculated students of the institution as may be determined in accordance with paragraph 2 of this Schedule (hereafter called “elected members of council”); and

(c)such number of persons, not exceeding 4, as have been co-opted by the council (hereinafter called “co-opted members of council”).

In this paragraph the expression “head of department” includes any associate head of department or any dean of a school and, in the event that the institution creates the post of Head of School, means the holder of that post.

(2)The elected members of the council shall:—

(a)consist of such a number of persons including one full-time matriculated student of the institution as may be determined by the governing body, being not less than one-third and not more than two-thirds of the aggregate of membersex officiisof the council;

(b)be elected by, and from among, members of the full-time academic staff and matriculated students of the institution who are not membersex officiisor co-opted members of the council;

(c)be so elected in accordance with arrangements made by the persons holding office as members of the council immediately prior to the election and approved by the governing body except in the case of the full-time matriculated student who shall be elected by full-time matriculated students of the institution in a manner to be specified in a scheme made by the students' representative council in the institution and approved by the governing body;

(d)in the case of members of the full-time academic staff, hold office for such a period, not exceeding 4 years, as may be determined by the governing body, and in the case of the full-time matriculated student hold office for a period not exceeding one year; and

(e)subject to the foregoing provisions of this paragraph, be eligible for re-election.

(3)The co-opted members of the council shall hold office for such a period, not exceeding 4 years, as may be determined by the governing body and shall be eligible to be co-opted again on the expiry of a period of office.

(4)The principal shall be the chairman of the council.

Part II · Proceedings

(5)The proceedings of the council shall be regulated by a scheme made by the council and approved by the governing body and the said scheme may provide for:—

(a)the appointment by the council of such committees as they consider appropriate;

(b)the co-option, subject to paragraph 1(c), by the council of additional members (including, where they consider it appropriate, representatives of the students in attendance at the institution) of the council, or of any committee thereof, for specific purposes; and

(c)any other matters connected with the functions of the council.

(6)Any scheme made and approved under paragraph 5 shall include provisions for:—

(a)the appointment of a vice-chairman of the council; and

(b)a minimum number of meetings of the council in each year.

Schedule 2 · Variations and revocationsof provisions of the memorandum and articles

(1)The memorandum:—

(a)In Sub-clause 3(5) after the words “granting teachers' certificates,” there shall be inserted the words “but so that the Association shall not grant or issue any degrees, diplomas, certificates or titles except in so far as the Privy Council may by order specify,”.

(b)In Clause 4:—

(i)after the words “grant, or salary” there shall be inserted the words “to any Principal or Vice-Principal or to any other members of the full-time academic staff, or to any member of the full-time non-academic staff, notwithstanding they may be members of the Governing Body of the Association or of any Committee appointed by the Governing Body,”;

(ii)the words “provided that they are not members of the Governing Body of the Association” and the words “not a member of the Governing Body” shall cease to have effect;

(iii)after the words “but so that no member” there shall be inserted the words “(other than the Principal, the Vice-Principal, any other members of the full-time academic staff, and any member of the full-time non-academic staff, who are members of the governing body)”;

(iv)after the words “Association to any member” there shall be inserted the words “(other than the Principal, the Vice-Principal, any other members of the full-time academic staff, and any member of the full-time non-academic staff, who are members of the governing body)”; and

(v)after the words “let to the Association” there shall be added the words “or (in the case of any member of the Governing Body of the Association, or of any Committee appointed by the Governing Body who holds office in a students' representative council or who is a student) except also payments by way of scholarship, bursary or other similar award out of the funds of the Association, from whatever source derived.”.

(2)The articles:—

(a)In Article 1, in the first column of the Table there shall be added at the end the words “Academic Council” and opposite to them in the second column of the Table the words “Means the body of persons appointed for the Association in accordance with article 18 of The Scottish College of Textiles (Scotland) Order of Council 1993 or, prior to the first such appointment, in accordance with any corresponding provision of Regulations revoked by that Order”.

(b)After Article 1 there shall be inserted the following Article:—“1A These Articles shall be subject to The Scottish College of Textiles (Scotland) Order of Council 1993 in respect of the composition and appointment of the Governing Body and of the Academic Council, and in respect of all other matters provided for in that Order”

(c)For Article 46 there shall be substituted the following Article:—“46 Subject to any matters hereby or by statute reserved to the Association in General Meeting the business of the Association shall be managed by a Governing Body (hereinafter referred to as “the Governors”) having a membership determined in accordance with The Scottish College of Textiles (Scotland) Order of Council 1993”

(d)The following Articles are revoked:—• Articles 47 and 48, Article 52 and Articles 57 to 64 inclusive.

(e)In Article 56 the words “of whom three at least must be elected Governors,” shall cease to have effect.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 13

Show every defined term

academic council
means the body of persons appointed in accordance with article 18;
articles
means the Articles of Association of the institution dated 26th October 1922, as amended by special resolutions passed on 27th December 1949, 27th December 1967, 21st June 1990 and 17th December 1992;
co-opted membership
means the membership of the governing body co-opted in accordance with article 5;
core membership
means the membership of the governing body appointed in accordance with article 4;
governing body
means the governing body of the institution constituted by Article 46 of the articles;
governor
means a member of the governing body;
head of department
includes any associate head of department or any dean of a school and, in the event that the institution creates the post of Head of School, means the holder of that post.
memorandum
means the Memorandum of Association of the institution dated26th October 1922, as amended by special resolutions passed on 1st November 1968,21st June 1990, 21st March 1991 and 17th December 1992;
principal
means the principal or any person authorised, whether for the purposes of this Order or otherwise, for the time being to act as principal of the institution and “vice-principal” shall be construed accordingly;
the 1988 Regulations
means The Central Institutions (Scotland) Regulations 1988;
the Act
means the Further and Higher Education (Scotland) Act 1992;
the institution
means The Scottish College of Textiles being an institution designated under section 44 of the Act;
the staff
means the academic and non-academic staff of the institution.

Article 1Citation and commencement#

Article 2Interpretation#

Article 3The composition of the governing body#

Article 4Core membership#

Article 5Co-opted membership#

Article 6Election of certain governors#

Article 7Appointment of chairman and vice-chairman#

Article 8Period of office of governors#

Article 9Age limit for governors#

Article 10Ineligibility of staff to be governors#

Article 11Vacation of office of Governor#

Article 12Filling of vacancies#

Article 13Reserved areas of business#

Article 14Validity of proceedings of governing body#

Article 15Allowances to members of the governing body#

Article 16Pensions, allowances and gratuities for staff#

Article 17Discharge of functions by the principal#

Article 18Academic council#

Article 19Students' Representative Council#

Article 20Variations and revocations of provisions of the memorandum and articles#

Article 21Partial revocation of the 1988 Regulations#

Article 22Change of Name of Endowments Scheme#

Article 23Savings and transitional provisions#

Defined terms · 13

Connections

History · 1 version

Key facts

Article 1Citation and commencement#

Article 2Interpretation#

Article 3The composition of the governing body#

Article 4Core membership#

Article 5Co-opted membership#

Article 6Election of certain governors#

Article 7Appointment of chairman and vice-chairman#

Article 8Period of office of governors#

Article 9Age limit for governors#

Article 10Ineligibility of staff to be governors#

Article 11Vacation of office of Governor#

Article 12Filling of vacancies#

Article 13Reserved areas of business#

Article 14Validity of proceedings of governing body#

Article 15Allowances to members of the governing body#

Article 16Pensions, allowances and gratuities for staff#

Article 17Discharge of functions by the principal#

Article 18Academic council#

Article 19Students' Representative Council#

Article 20Variations and revocations of provisions of the memorandum and articles#

Article 21Partial revocation of the 1988 Regulations#

Article 22Change of Name of Endowments Scheme#

Article 23Savings and transitional provisions#