The University of the West of Scotland Order of Council 2019

Document Number:2019 No. 212
Coming into force:Coming into force on the 01/10/2019
 
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Scottish Statutory Instruments

Education

Made

13 th June 2019

Laid before the Scottish Parliament

18 th June 2019

Coming into force

1 st October 2019

At the Council Chamber, Whitehall, the 13 th day of June 2019

By the Lords of Her Majesty’s Most Honourable Privy Council

Their Lordships make the following Order in exercise of the powers conferred by sections 45 and 60(3) of the Further and Higher Education (Scotland) Act 1992(1) and all other powers enabling them to do so.

PART 1 Citation, commencement and interpretation

Citation and commencement

  1. This Order may be cited as the University of the West of Scotland Order of Council 2019 and comes into force on 1 October 2019.

    Interpretation

  2. In this Order—

    “the 2016 Act” means the Higher Education Governance (Scotland) Act 2016(2) ,

    “the 1954 Scheme” means the Paisley College of Technology Scheme 1954(3) ,

    “Chair of Court” means the person referred to in article 7(a) ,

    “Court” means the governing body of the University constituted and incorporated by the 1954 Scheme, and renamed as narrated in article 3 ,

    “objects of the University” means the objects of the University as set out in article 4 ,

    “Principal” means the Principal and Vice-Chancellor referred to in article 15 or any person authorised, whether for the purposes of this Order or otherwise, for the time being to act as Principal and Vice-Chancellor of the University,

    “Senate” means the body referred to in article 16 ,

    “University” means the University of the West of Scotland, a designated institution under section 44 of the Further and Higher Education (Scotland) Act 1992(4) and renamed in accordance with section 49 of that Act as narrated in article 3.

    PART 2 The University

    Name

  3. —(1) The name of the University, previously “University of Paisley”, “Paisley College of Technology” and “Paisley Technical College”, is “University of the West of Scotland”(5).

    (2) The name of the governing body, previously “Court of the University of Paisley”, “Governors of Paisley College of Technology” and “Governors of Paisley Technical College”, is “Court of the University of the West of Scotland”.

    (3) The change of names effected by paragraphs (1) and (2) does not affect the rights or obligations of any person or render defective any legal proceedings and any reference in any agreement, instrument, document or other writing in force or in existence immediately before the coming into force of this Order to—

    (a) the University of Paisley, Paisley College of Technology or Paisley Technical College,

    (b) the Court of the University of Paisley, Governors of Paisley College of Technology or Governors of Paisley Technical College,

    is to be read as a reference to the University of the West of Scotland or the Court of the University of the West of Scotland as appropriate.

    Objects of the University

  4. The objects of the University are to provide education, to undertake and carry out research and to promote teaching, scholarship, research and innovation.

    PART 3 The Court

    Powers and functions of the Court

  5. —(1) The Court is to conduct the affairs of the University and carry out and promote the objects of the University.

    (2) In particular, the Court is to—

    (a) ensure the effective management of the University,

    (b) plan the strategic direction of the University,

    (c) plan the future development of the University in order to advance the objects of the University.

    (3) Subject to the 1954 Scheme, the Court has all the rights, powers and privileges necessary and expedient for the purposes of, or in connection with, the performance of its functions and in particular has the powers and functions set out in schedule 1.

    (4) The Court is to adopt and publish a statement of its primary responsibilities.

    Delegation of powers, functions and duties of the Court

  6. —(1) Subject to paragraph (2) , the Court may delegate any of its powers, functions or duties to any person or body in accordance with a scheme made by the Court.

    (2) The Court is not to delegate any matter it considers to be material to—

    (a) the solvency of the University,

    (b) the determination of the strategic direction of the University,

    (c) the appointment of the Principal under article 15 ,

    (d) the appointment of the Secretary to the Court under paragraph 4 of schedule 1 ,

    (e) the consideration of any amendment or revocation of this Order,

    (f) the approval of the annual business plan and annual budget,

    (g) the arrangements for risk management,

    (h) the review and monitoring of the performance of the University,

    (i) the approval of the University’s annual audited accounts,

    (j) safeguarding the property or assets or the University.

    The composition of the Court

  7. The membership of the Court is to be composed of—

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

    (b) the Principal,

    (c) one person having the role of Deputy Principal, however named,

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

    (e) one person 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 a connection with the University,

    (f) one person 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,

    (g) two persons appointed by being nominated by the...

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