Education 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 , “the 1954 Scheme” means the Paisley College of Technology Scheme 1954 , “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 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” . 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 students’ association of the University from among the students of the University, h one person appointed by being nominated by the Senate from among its elected academic members, i 11 to 15 persons appointed by the Court from time to time in accordance with its rules and procedures with the aim of the membership having such skills and experience as the Court determines to be relevant, but who may not be members of staff or students of the University. Appointment of Chair of Court 8 1 The Chair of Court 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 11, the Court is to prescribe the duties, responsibilities and terms and conditions of the Chair of Court, which may include such remuneration and allowances as the Court considers to be reasonable in accordance with section 9 of the 2016 Act. Appointment and role of Vice-Chair 9 1 The Court is to make rules for the appointment of a Vice-Chair from among the members appointed under article 7(i). 2 The Vice-Chair is to preside at meetings of the Court and is to exercise the functions of the Chair of Court in the absence of the Chair of Court or while the position is vacant. 3 In the absence of both the Chair of Court and the Vice-Chair at any meeting, the members of the Court present may appoint a chair from among the members appointed under article 7(i) who are present at the meeting. Elections and nominations to Court 10 1 The members of the Court referred to in article 7(d) are to be elected in accordance with rules made by the Court in accordance with section 11 of the 2016 Act. 2 The members of the Court referred to in article 7(e), (f) and (g) are to be nominated in accordance with rules made by the Court in accordance with section 12 of the 2016 Act. 3 The member of the Court referred to in article 7(h) is to be nominated in accordance with rules made by the Senate and approved by the Court. Term of office of members 11 1 The Court is to make rules relating to the term of office of members appointed under article 7(a) and (d) to (i) and the rules may make different provision for different categories of member. 2 Rules made under paragraph (1) are to prescribe (in particular)— a the term of office, but no term is to be longer than 4 years, b eligibility for re-appointment or extension of term of office, c the maximum term of office when aggregated with any previous term of office but the term of office— i is to include any term served before the coming into force of this Order, and ii is not to include any term of office served by a member under article 7(b) or (c). Resignation and removal of members from office 12 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. Conflicts of interest 13 The Court may make rules in relation to identifying and managing conflicts of interests of its members and of the members of its committees. PART 4 Appointment of Chancellor and Principal Appointment of Chancellor 14 1 The Chancellor is the titular head of the University and is to confer degrees, diplomas and other academic awards and distinctions. 2 The Chancellor is to be appointed by the Court for such term of office as the Court may determine. Appointment of Principal and Vice-Chancellor and discharge of functions 15 1 The Principal and Vice-Chancellor is the chief academic and administrative officer of the University. 2 The Principal is to be appointed by the Court in a manner to be determined by the Court from time to time. 3 The Principal is to discharge the functions of the Court relating to the organisation, management and discipline of the University in accordance with arrangements made by the Court and subject to the general control and direction of the Court. 4 In the absence of or during any vacancy in the office of the Chancellor, the Principal has the powers confer degrees, diplomas and other academic awards and distinctions, and to appoint a person who has all powers of conferment in the absence of both the Chancellor and the Principal. PART 5 The Senate Composition of Senate 16 1 Subject to paragraph (2), the Court is to appoint and maintain by further appointment a Senate constituted and appointed in accordance with Chapter 2 of Part 1 of the 2016 Act. 2 The Court is to make rules relating to the term of office of members of the Senate, and the rules may make different provision for different categories of member. 3 Rules made under paragraph (2) are to prescribe (in particular)— a the term of office, but no term is to be longer than 4 years, b eligibility for re-appointment. 4 The Principal is the chair of the Senate. Functions of the Senate 17 1 The Court is to delegate to the Senate— a the powers and functions of the Court relating to the overall planning, co-ordination, development and supervision of the academic work of the University, particularly those functions set out in paragraphs 6 to 8 of schedule 1, b any other functions of the Court that the Court may determine, provided that all such functions are subject to the general control and direction of the Court. 2 In discharging the functions specified in paragraph (1), the Senate has all the powers and duties of the Court in relation to those functions and has the power to make any recommendation to the Court on any matters relating to those functions as the Senate thinks fit. Proceedings of Senate 18 The proceedings of the Senate are to be regulated by rules made by the Senate and approved by the Court, and the rules— a must provide for— i a minimum number of meetings of the Senate each year, ii the appointment of a Vice-Chair, b may provide for— i the appointment by the Senate of any committees as it considers appropriate, ii any other matters connected with the functions of the Senate. PART 6 Miscellaneous Transitional provisions 19 1 The governor appointed to chair the Court under article 6(1)(b)(iv) of the University of Paisley (Scotland) Order of Council 1993 who is in office immediately before 1 October 2019 is to be regarded, for the remainder of that governor’s period in office, as if appointed to the position of Chair of Court in accordance with articles 7(a) and 8(1) of this Order. 2 The president of the students’ association appointed as a governor under article 6(1)(a)(iii) of the University of Paisley (Scotland) Order of Council 1993 and the person appointed as a governor of the Court under article 6(1)(b)(ii) of that Order who are in office immediately before 1 October 2019 are to be regarded, for the remainder of their periods in office, as if appointed to the Court in accordance with article 7(g) of this Order. Amendments and revocations 20 Schedule 2 has effect. Richard Tilbrook Clerk of the Privy Council