4. i.e. is not a student or staff member; and in the case of a college board, is not the principal; and in the case of a Regional Board, is not the chair of an assigned college. In relation to the board of New College Lanarkshire the term also excludes the principal, chair and two staff members of South Lanarkshire College who are also members of the New College Lanarkshire board.
5. Section 12(4A) of the 1992 Act.
6. Paragraph 5(1)(a) of Schedule 2 to the 1992 Act.
7. £200, £265 and £330.
8. Paragraph 5(1)(c) of Schedule 2 to the 1992 Act.
9. Section 10(1) of the Higher Education Governance (Scotland) Act 2016
10. Paragraph 3(1) of Schedule 2 to the 1992 Act.
11. Paragraph 3A(1) of Schedule 2 to the 1992 Act.
12. For a regional college those remunerated would be: chair, principal, two elected staff members, potentially two student members (if sabbaticals remunerated by college), and two staff trade union nominees, i.e. 8. Therefore the board minimum would have to be 17 to ensure a majority of non-remunerated members. The board minimum would also be 17 for an assigned incorporated college board, if legislation also required the remuneration of the college chair.
13. Section 67(3)(c) of the Charities and Trustee Investment (Scotland) Act 2005 requires that not more than half of the trustees of a charity are remunerated.
14. S.S.I. 2014/250 http://www.legislation.gov.uk/ssi/2014/250/article/5/made
15. Changes assume chair is remunerated.
16. Issue here would be to ensure a majority of chair/non-exec had always formed a majority given the NCL board includes two college principals, two student board members and eight staff members (four elected; 4 nominated), i.e. 12, so 13 others needs to form a majority. No issues in terms half or more being remunerated as a number would be remunerated by South Lanarkshire College and not New College Lanarkshire directly.
17. Paragraph 3(2) of schedule 2B to the 2005 Act.
19. Ministers' powers are set out in section 24 of the 1992 Act.
20. Ministers' powers are set out in section 23Q of the 2005 Act.
21. Section 21 of the 1992 Act.
22. Further and Higher Education (Scotland) Act 1992 Modification Order 2006
23. Charity Test (Specified Bodies) (Scotland) Order 2008
24. See the Scottish Government letter at http://www.parliament.scot/S4_EducationandCultureCommittee/Bills/Scottish_Government_letter_to_John_Henderson_Colleges_Scotland_6_March_2013.pdf for a fuller explanation.
25. Section 25 of the 2005 Act.
26. An "incorporated college" is a college with a board of management under Part 1 of the 1992 Act.
A "regional college board" is the board of management of an incorporated college designated by order under section 7A(1) of the 2005 Act as a regional college.
A "regional strategic body" is a body listed in schedule 2A to the 2005 Act. The functions of a regional strategic body include appointing the chair and non-executive board members of assigned incorporated colleges.
An "assigned incorporated college board" is the board of management of an incorporated college assigned to a regional strategic body by order under section 7C(1) of the 2005 Act.
27. Section 16 of the 2005 Act.
28. Section 23J of the 2005 Act.
29. One Regional Board has been established - the Glasgow Colleges' Regional Board.
30. as one is an incorporated college, one is a Regional College and one is a higher education institution.
31. Newbattle Abbey College, Sabhal Mòr Ostaig and West Highland College UHI.
Email: Fiona Macdonald
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House