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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Bell College of Technology (Scotland) Order of Council 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010234.html |
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Their Lordships, in exercise of the powers conferred upon Them by sections 45 and 60 of the Further and Higher Education (Scotland) Act 1992[1] and of all other powers enabling Them in that behalf, are pleased to order, and it is hereby ordered as follows: Citation and commencement 1. This Order may be cited as the Bell College of Technology (Scotland) Order of Council 2001 and shall come into force on 1st August 2001[a]. Interpretation 2. - (1) In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:
(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. Name 3. The Board is hereby constituted as "The Board of Governors of Bell College of Technology". The composition of the Board 4. The Board shall be composed of a core membership appointed in accordance with article 5 and a co opted membership appointed in accordance with article 6. Core membership 5. - (1) The core membership of the Board shall be composed of:-
(b) the Principal, any Vice-Principal appointed by the Board, and the president of the Students' Association as governors ex officiis; and (c) staff governors appointed as follows:-
(ii) one who shall be elected by the part-time and full-time academic staff of the College from among such staff; and (iii) one who shall be elected by the part-time and full-time non-academic staff of the College from among such staff.
(2) The Scottish Ministers shall be the appointing authority for the first appointment of appointed governors to be made under paragraph (1)(a) and they shall determine, subject to the limits stated in paragraph (1)(a), the number of governors to be appointed thereunder, shall make appointments accordingly and shall determine the respective term of office of each governor so appointed.
(b) no such determination shall be effective unless the governors appointed under paragraph 1(a) remain in overall majority on the Board; and (c) no such determination shall be effective unless made by a two-thirds majority of the core membership.
(5) A resolution under paragraph (3) shall not have effect so as to terminate the appointment of any person who is a governor at the time when it takes effect.
(b) at least one person having experience in the provision of education.
(2) the Board may co-opt more than 2 governors only if upon such co-option the governors appointed under article 5(1)(a) remain in overall majority in the Board.
(b) after consultation with the part-time and full-time non-academic staff of the College, make rules for the election of the governors to be elected by the part-time and full-time non-academic staff from among such staff under article 5(1)(c)(iii).
(2) Any rules made by the Board under paragraph (1) above may, after consultation with the part-time and full-time academic staff of the College, or with the part-time and full-time non-academic staff of the College, whichever is appropriate, be revoked and replaced, or varied, by further rules made by the Board.
(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 Board; and (e) he shall cease to hold office if he is deemed to have vacated office as a governor under article 12.
(3)
(b) In the absence of both the chairman and the vice-chairman, the Board may appoint one of the members of the Board present to preside at any meeting.
Period of office of governors
(b) no variation or revocation of rules for the duration of the terms of office of governors shall have effect so as to vary or terminate the period of office of any person who is a governor at the time when said variation or revocation takes effect.
Age limit for governors
(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 for a period longer than six consecutive months; (d) where he has failed to attend any meetings of the Board or any of its committees or sub committees for a period longer than six consecutive months other than for a reason approved by the Board; (e) in the case of a staff governor whose appointment falls to be made under article 5(1)(c) either from among the members of the Academic Council or from the part-time or full-time academic or non-academic staff of the College, when he ceases to be a member of the Academic Council or of the part-time or full-time academic or non-academic staff, as the case may be; (f) where the Board deems that his continuation as a Governor would bring discredit upon the name of the College or in such other circumstances as the Board may determine and record in a standing order; (g) where, by a majority of not less than two-thirds of its total membership, the Board for good reason, in which it shall have sole discretion, decides to remove a member, other than a member ex officio; (h) where in accordance with article 11 he becomes ineligible to remain in office as a governor.
Filling of vacancies
(b) in the case of a governor elected under article 5(1)(c)(ii) or (iii) an election shall be held to fill the vacancy in accordance with article 7 and the relevant rules made under it.
(3) Where the place of a governor who had been co-opted to the office of governor under article 6 has been declared vacant under article 12, or where such a governor has died, the Board shall co-opt a governor to fill the vacancy if that is necessary to satisfy the requirements of article 6(1), and in other cases may so co-opt a governor in accordance with article 6. Functions 19. - (1) The general functions of the Board are to manage, administer and conduct the College for the objects of providing education, undertaking and carrying out research, promoting teaching, scholarship and research, and in furtherance of the foregoing functions:
(b) to carry on any trade or business whatsoever calculated to carry out the objects of or to be for the wellbeing of the College,
in each case, in such manner and on such terms and conditions as it may determine. Discharge of functions by the Principal 21. - (1) The Board 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 be responsible for discharging the functions of the Board (other than those properly delegated to any committee thereof by virtue of Article 18(2), and those delegated to the Academic Council by virtue of article 22(3)) relating to the organisation and management of the College 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 Board but otherwise the Principal shall have all the powers and duties of the Board in relation to those functions. Academic Council 22. - (1) Subject to paragraph (2), the Board shall appoint, and maintain by further appointment, an Academic Council in the manner specified in Part I of Schedule 2. (2) The proceedings of the Academic Council shall be regulated in accordance with Part II of Schedule 2. (3) The Board may from time to time delegate to the Academic Council or assume in place of the Academic Council such particular powers and functions as it may determine but subject thereto the Board shall delegate to the Academic Council the following of its functions:-
(b) the determination and maintenance of academic standards, the content of the curriculum, the quality of courses and other matters essentially concerned with pedagogy, research and scholarship; (c) developing, monitoring, reviewing and withdrawing academic programmes of the College; and (d) advising the Principal on the resource implications of academic developments, and on the academic implications of budgetary and other proposals.
Provided that the functions specified in this paragraph shall be discharged by the Academic Council subject to the general control and direction of the Board.
(b) against the withdrawal of any diploma, certificate, other academic award or distinction under paragraph A (4) of Schedule 1; (c) against the discontinuance of payment of a scholarship, studentship, prize, and/or other encouragement under paragraph A (7) of Schedule 1; (d) against exclusion from the College under paragraph A (8) of Schedule 1; (e) against disciplinary procedures in respect of, and discussed of staff under paragraph B (14) of Schedule 1; (f) against removal from the Academic Council under paragraph (6) of Part II of Schedule 2.
(2) Such values and procedures shall include a right of representation. A. Academic (1) Subject to the delegation to the Academic Council of such powers as it may from time to time deem appropriate in accordance with Article 22(3), to deal with the overall planning, co-ordination, development and supervision of the academic work of the College. (2) To establish faculties, departments, schools, institutes or other groups, to prescribe their organisation, constitution and functions and to vary or abolish any such groups. (3) To undertake, to assist others to undertake and to make provision for such research, design, development, testing, consultancy, laboratory and other services and to charge such fees for these services as they may deem appropriate. (4) To grant all such diplomas, certificates and such other academic awards or distinctions as may from time to time be granted by the College pursuant to the Act and as the Board deems appropriate, to prescribe the conditions for their receipt and, subject to consultation with the Academic Council, to deprive a recipient of a diploma, certificate or any other academic distinction previously conferred by the College. (5) To publish, print and provide for publication of any results of or other matter arising from or in connection with research and scholarship, to sell or otherwise supply or provide books, stationery and other goods as it deems appropriate. (6) To frame such codes of discipline and regulations for students as may be necessary or desirable for the maintenance of the good order of the College. (7) To institute, maintain and award fellowships, scholarships, studentships, prizes and other aids and encouragements to teaching and research, and to discontinue any such award. (8) To prescribe such conditions as they may consider appropriate for admission to and attendance at the College, provided that it shall be within the power of the Board to exclude any person from the College or part thereof if, in the opinion of the Board, the admission or attendance of that person would be likely to prejudice the College. B. Finance and Property (1) Subject to any conditions which may be imposed on the Board as conditions of payment of grant to it, to make such arrangements and do such things as it thinks fit for the conduct of the financial affairs of the College. (2) To raise, generate and receive income from any source for the furtherance of the objects of the College. (3) To receive and expend any funds, lend money (with or without security), borrow or raise money, guarantee and give security for the payment of money by the College, the Board, or any other person, firm, company or body corporate (including any such person or entity associated with the College or Board), provided always that the Board shall cause accounts to be made of income and expenditure and shall appoint auditors to audit the same. (4) To hold, buy, accept, acquire, use, occupy, sell, convey, exchange or lease any property whether heritable or moveable and subject to the terms of the Act to grant security over such heritable or moveable property. (5) To accept and hold in trust any property or asset given, transferred or bequeathed for any purpose connected with the College and apply the same in accordance with purposes of the trust. (6) To build, construct, provide, maintain, repair, alter, improve, enlarge, restructure or demolish all such property, buildings, assets, furniture, apparatus and equipment as they may from time to time deem appropriate. (7) To provide, equip, maintain, administer and conduct any facilities for sports, social and recreational purposes, libraries, reading rooms, teaching support services, residential accommodation, and such other facilities of any kind as they may from time to time deem appropriate. (8) To invest any monies belonging to the College, including unapplied income, in such stocks, funds, shares, securities or accounts as they shall from time to time think fit, whether inside the United Kingdom or not, or in the purchase of heritable property, with the like power of varying such investments from time to time. (9) To apply for, own, assign, sell or otherwise deal with any intellectual property rights including, without prejudice to the generality thereof, letters patent, patent rights, copyrights and armorial bearings, by themselves or in conjunction with others. (10) To initiate and establish commercial companies in their own right or in association with other persons or institutions as they may deem appropriate, to hold or continue to hold shares and interests in such companies, and to carry on any trade or business whatsoever in furtherance of the objects of the College. (11) To receive donations, legacies, annuities, subscriptions and other gifts for the furtherance of its functions provided such donations, legacies, annuities, subscriptions and other gifts shall be applied in accordance with the directions of the respective testators or donors and in the absence of any specific direction relating thereto it shall be in the power of the Board to determine the manner in which any such donation, legacy, annuity, subscription or other gift in whole or in part shall be used. (12) To levy and receive fees and charges for all services, including the provision of courses (whether or not leading to an academic qualification). (13) To pay to any of its members such financial loss allowances and travelling and subsistence allowances as they think appropriate. (14) To institute and prescribe the conditions of service of such offices and positions as it deems appropriate, to appoint staff thereto and to discipline and remove staff both teaching and non teaching, including the Principal, either by suspension from or by termination of employment, and to frame such regulations as are necessary or desirable for maintaining good order amongst the staff of the College. (15) To establish and maintain pension or superannuation schemes or funds for the benefit of any persons to whom they are empowered to pay a pension, allowance or gratuity in accordance with paragraph (16) below. (16)
(ii) the surviving spouse or any dependant of any such member in the event of the death of the member in the employment of the Board
in respect of any period of such member's service in the employment of the Board.
(ii) directly or indirectly out of monies provided by Parliament or by a local authority out of any tax, charge or rate levied by them.
(d) In sub-paragraph (c) the reference to "any other pension" does not include a retirement pension under Part II of the Social Security Contributions and Benefits Act 1992[3] and the reference to "like benefit" does not include any other benefit under that Act.
C.
Administration of the Board (1) Appointment The Academic Council shall be appointed in such manner as to ensure that the Academic Council consists of:
(b) such number of members of the part-time or full-time academic staff and full-time or part-time enrolled students of the College as may be determined in accordance with paragraph 2 (hereafter called "elected members of the Academic Council"); and (c) such number of persons, not exceeding 6, as have been co-opted by the Academic Council (hereafter called "co-opted members of the Academic Council").
(2) The elected members of the Academic Council shall:
(b) be elected by, and from among, members of the part-time or full-time academic staff and full-time or part-time enrolled students of the College who are not members ex officiis or co-opted members of the Academic Council; (c) be so elected in accordance with arrangements made by the persons holding office as members of the Academic Council immediately prior to the election and approved by the Board except in the case of the full-time or part-time enrolled student who shall be elected by full-time and part-time enrolled students of the College in a manner to be specified in a scheme made by the Students' Association and approved by the Board; (d) in the case of members of the part-time or full-time academic staff, hold office for such a period, not exceeding 4 years, as may be determined by the Board, and in the case of the full-time or part-time enrolled 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 Academic Council shall hold office for such a period, not exceeding 4 years, as may be determined by the Board and shall be eligible to be co-opted again on the expiry of a period of office. (5) The proceedings of the Academic Council shall be regulated by a scheme made by the Academic Council and approved by the Board and the said scheme may provide for-
(b) the co-option, subject to paragraph 1(c), by the Academic Council of additional members (including, where they consider it appropriate, representatives of the students in attendance at the College) of the Academic Council, or of any committee thereof, for specific purposes; and (c) any other matters connected with the functions of the Academic Council.
(6) The Board shall have power, after consultation with the Academic Council, to make such variations in the composition of the Academic Council as they shall from time to time think fit, to determine the method of appointment to membership of the Academic Council and the tenure of the members including limitations by reason of age, and to remove members of the Academic Council in such circumstances as the Board shall consider appropriate.
(b) a minimum number of meetings of the Academic Council in each year.
EXPLANATORY NOTE
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| © Crown copyright 2001 | Prepared 10 July 2001 |
