Higher Education Authority Act 2022
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Amendment of Third Schedule to Act of 1997 | ||
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83. The Third Schedule to the Act of 1997 is amended— | ||
(a) in paragraph 2, by the insertion of the following subparagraph after subparagraph (2): | ||
“(3) Whenever the chairperson of the governing authority resigns as chairperson, he or she shall at the same time cease to be a member of the governing authority.”, | ||
(b) in paragraph 3, by the substitution of the following subparagraphs for subparagraph (4): | ||
“(4) Subject to subparagraph (5), a member of a governing authority (including the chairperson) whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the governing authority. | ||
(5) A person, other than an ex officio member, who is re-appointed as a member of a governing authority in accordance with subparagraph (4) shall not hold office for a consecutive period of more than 8 years.”, | ||
(c) in paragraph 4, by the substitution of the following subparagraph for subparagraph (1): | ||
“(1) Subject to this Schedule and section 23A, a member of a governing authority, other than an ex officio member— | ||
(a) shall be appointed as such a member for such period not exceeding 4 years as the Minister or the governing authority, as the case may be, determines upon the nomination for appointment or appointment, as may be appropriate, and | ||
(b) may not serve more than 2 consecutive terms of office.”, | ||
(d) in subparagraph (1) of paragraph 6, by the substitution of “appoint from amongst its external members (within the meaning of section 16) a member to be its deputy-chairperson” for “appoint from amongst its members a member (other than the chief officer) to be its deputy-chairperson”, | ||
(e) by the substitution of the following paragraph for paragraph 7: | ||
“7. Where a member of the governing authority— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted of any indictable offence in relation to a company or any other body corporate, | ||
(e) is convicted of an offence involving fraud or dishonesty, | ||
(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, | ||
he or she shall thereupon cease to be a member of the governing authority.”, | ||
(f) in paragraph 9, by the substitution of “such remuneration (if any) and such allowances for expenses (if any)” for “such allowances for expenses”, | ||
(g) in paragraph 10— | ||
(i) by the substitution of the following subparagraph for subparagraph (1): | ||
“(1) A governing authority shall hold not less than 6 meetings in each year at such times as the chairperson may determine.”, | ||
and | ||
(ii) by the substitution of the following subparagraph for subparagraph (3): | ||
“(3) The quorum for a meeting of a governing authority shall be 7 members provided that not less than 4 of those members are external members within the meaning of section 16 (which may include the chairperson).”, | ||
and | ||
(h) in subparagraph (c) of paragraph 11, by the substitution of “the members of the governing authority who are present shall choose one of the external members (within the meaning of section 16) to preside at the meeting” for “the members of the governing authority who are present shall choose one of their number to preside at the meeting”. |