Technological Universities Act 2018
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Transitional arrangements consequent upon section 82 | ||
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83. (1) The Minister, in respect of the persons to be appointed or elected on the relevant date, (in this section referred to as the “first governing body”) shall, before the expiration of the first 6 months of the relevant period, make the following appointments: | ||
(a) a person to be the chairperson; | ||
(b) 2 external members; | ||
(c) one external member nominated in accordance with its or their procedures by the education and training board or boards in whose functional area the campuses of the college is or are situated. | ||
(2) The Director and members appointed under subsection (1) shall, before the expiration of the second 6 months of the relevant period— | ||
(a) comply with section 6(6) of the Act of 1992, | ||
(b) establish procedures for conducting elections under section 6(3)(c) or (d) and appointing members under section 6(3)(g), and | ||
(c) conduct those elections and make those appointments. | ||
(3) A person appointed or elected to the first governing body under subsection (1) or (2) shall stand so appointed or elected with effect on and from the relevant date. | ||
(4) (a) If an education and training board or boards referred to in subsection (1)(c) is or are not in a position to furnish a nomination in writing to the Minister within 42 days of receipt by it or them of a request in writing from the Minister to do so, the Minister shall nominate the external member for the purpose of subsection (1)(c). | ||
(b) If the persons referred to in subsection (2) have not complied with that subsection before the end of the eleventh month of the relevant period, the Minister shall, as soon as practicable, nominate and appoint persons to the first governing body who, in the opinion of the Minister, are representative of those persons who would, under subsection (2), stand to be elected under section 6(3)(c) or (d) or appointed under section 6(3)(g). | ||
(5) The governing body referred to in section 82 (2) shall, during the relevant period, cooperate and give as much assistance as practicable to the Minister, Director and members of the first governing body appointed or elected under this section in order that they may perform the functions conferred on them under this section. | ||
(6) (a) The term of office of a member of the first governing body of a college appointed or elected under this section shall be 2 years. | ||
(b) The appointment under this section, of a person who is a student at a college, shall not affect the operation of section 6(4)(b) in relation to that member. | ||
(7) (a) This section applies notwithstanding section 6 of the Act of 1992. | ||
(b) A reference in this section (other than this paragraph) to section 6 or a provision of section 6 is a reference to that section or a provision of section 6 of the Act of 1992 amended by section 82 , and for the purposes of the elections and appointments under this section, that amendment shall, notwithstanding section 82 (2), be taken to apply immediately on the coming into operation of section 82 . | ||
(8) In this section— | ||
“external member” has the meaning assigned to it by section 6; | ||
“relevant date” means the date that is 12 months after the coming into operation of section 82 on which, under section 82 (2), the amendment of section 6 shall apply; | ||
“relevant period” means the 12 month period between the coming into operation of section 82 , and the relevant date. | ||
(9) Subject to this section, the Second Schedule to the Act of 1992 shall apply to a first governing body. |