Higher Education Authority Act 2022

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Transitional arrangements for membership and chairperson of governing body

91. The Act of 2018 is amended by the insertion in Chapter 3 of Part 2 of the following section after section 12 (inserted by section 90 ):

“12A. (1) A governing body of a technological university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the technological university complies with section 12 (inserted by section 90 of the Act of 2022) within the period referred to in subsection (2).

(2) Subject to subsections (3) to (6), a governing body of a technological university shall, within 12 months of the relevant date—

(a) determine the composition of the governing body of its technological university in accordance with the arrangements and procedures put in place by it under subsection (1),

(b) appoint the members (other than the president) of the governing body accordingly, and

(c) by notice in writing, inform the Minister of the composition as so determined.

(3) (a) A person who was the chairperson of a governing body of a technological university on the relevant date may continue after that date to be the chairperson of the governing body of that technological university until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 12 (inserted by section 90 of the Act of 2022).

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).

(4) A person (other than the president) who was appointed as a member (including the chairperson) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

(b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).

(5) (a) Nothing in this section shall operate to terminate the term of office of a member of a governing body of a technological university who was, before the relevant date, appointed or elected as such member under section 55 if he or she wishes to serve the unexpired term for which he or she was so appointed or elected and notwithstanding that he or she is not re-appointed as such member pursuant to subsection (2)(b).

(b) A member of a governing body of a technological university referred to in paragraph (a) shall not be reckoned in the number of members of a governing body of a technological university specified in section 12 (inserted by section 90 ) during any part of his or her term of membership of the governing body which, but for this subsection, would have ceased.

(6) Notwithstanding section 12(6) and paragraph 4 of Schedule 1, where the term of office of all or the majority of the members of a governing body (including the chairperson thereof) of a technological university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the technological university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.

(7) In this section—

‘Act of 2022’ means the Higher Education Authority Act 2022;

‘relevant date’ means the date on which section 90 of the Act of 2022 comes into operation.”.