20th Report, 2016 (Session 4): Higher Education Governance (Scotland) Bill as amended at Stage 2

SP Paper 934 (Web)

Contents

Report

Introduction
Delegated Powers Provisions

Remit and membership

Remit:

1. The remit of the Delegated Powers and Law Reform Committee is to consider and report on—

(a) any—

(i) subordinate legislation laid before the Parliament or requiring the consent of the Parliament under section 9 of the Public Bodies Act 2011;

(ii) [deleted]

(iii) pension or grants motion as described in Rule 8.11A.1; and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation;

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation;

(e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act; and

(f) proposed changes to the procedure to which subordinate legislation laid before the Parliament is subject.

(g) any Scottish Law Commission Bill as defined in Rule 9.17A.1; and

(h) any draft proposal for a Scottish Law Commission Bill as defined in that Rule; and

(i) any Consolidation Bill as defined in Rule 9.18.1 referred to it by the Parliamentary Bureau in accordance with Rule 9.18.3.

Membership:

Nigel Don (Convener)
John Mason (Deputy Convener)
Lesley Brennan
John Scott
Stewart Stevenson

Higher Education Governance (Scotland) Bill as amended at Stage 2

Introduction

1. At its meeting on 8 March 2016 the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Higher Education Governance (Scotland) Bill as amended at Stage 2 (“the Bill”)1. The Committee submits this report to the Parliament under Rule 9.7.9 of Standing Orders.

2. The Bill was introduced on 16 June 2015 by the Cabinet Secretary for Education and Lifelong Learning. The Bill makes provision in relation to senior lay members of governing bodies of higher education institutions (“HEIs”) and the composition of and appointment to governing bodies and academic boards of HEIs; and on the academic freedom of persons engaged in teaching or research at post-16 education bodies.

3. The Scottish Government has provided the Parliament with a supplementary memorandum on the delegated powers provisions in the Bill2.

4. The Committee previously reported on the delegated powers provisions in this Bill at Stage 1 in its 59th report of 20153.

Delegated Powers Provisions

5. The Committee considered the new or substantially amended delegated powers provisions in the Bill after Stage 2.

6. After Stage 2, the Committee reports that it does not need to draw the attention of the Parliament to the one revised delegated powers provision listed below, and that it is content with the parliamentary procedure to which it is subject:

  • Section 15 – Meaning of higher education institution

7. The Committee also reports that it is content with the fact that the following regulation making powers were removed by amendment at Stage 2:

  • Section 1 – Appointment as chairing member
  • Section 2 – Remuneration to be payable
  • Section 8 – Power to modify section 4
  • Section 13 – Power to modify sections 9 and 10

8. The Committee therefore reports that it is content with the revised delegated powers provision in the Bill as amended at Stage 2.


Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites

Footnotes

1 Higher Education Governance (Scotland) Bill as amended at Stage 2 (SP Bill 74A, Session 4 (2016)) is available here: http://www.scottish.parliament.uk/S4_Bills/Higher%20Education%20Governance%20(Scotland)%20Bill/SPBill74AS042016.pdf [accessed March 2016]

2 Higher Education Governance (Scotland) Bill, Supplementary Delegated Powers Memorandum (SP Bill 74A-DPM, Session 4 (2016)) is available here: http://www.scottish.parliament.uk/S4_Bills/Higher%20Education%20Governance%20(Scotland)%20Bill/SPBill74ADPMS042016.pdf [accessed March 2016]

3 Delegated Powers and Law Reform Committee, 59th Report, 2015 (Session 4). Higher Education Governance (Scotland) Bill at Stage 1 (SP Paper 808) is available here: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/92955.aspx [accessed March 2016]

Back to top

This website is using cookies.
We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on this website.