The Lanarkshire Colleges Order 2014

Made: 23rd September 2014

Coming into force: 1st October 2014

In accordance with section 60(2A)(a) of the Further and Higher Education (Scotland) Act 1992 and 34(4)(bc) of the Further and Higher Education (Scotland) Act 2005, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Lanarkshire Colleges Order 2014 and comes into force on 1st October 2014.

• (2) In this Order—

• “the 1992 Act” means the Further and Higher Education (Scotland) Act 1992; and

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005.

Designation of Regional College

2

• (1) The board of management of New College Lanarkshire[^f00003] whose board of management is established in pursuance of Part 1 of the 1992 Act is designated as a regional college.

• (2) The designation of the board of management of New College Lanarkshire as a regional college by paragraph (1) is to remain in effect notwithstanding any change of its name.

Regional Strategic Bodies

3

In schedule 2A to the 2005 Act[^f00004]—

• (a) in Part 1, omit “Regional Board for Lanarkshire Colleges”; and

• (b) in Part 2, before the entry for the University of the Highlands and Islands, insert “New College Lanarkshire”.

Assigned College

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of Schedule 2 to the Further and Higher Education (Scotland) Act 1992

5

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Signed

MICHAEL RUSSELL — A member of the Scottish Government — 23rd September 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision in relation to New College Lanarkshire and South Lanarkshire College.

Article 2 (1) designates the board of management of New College Lanarkshire as a regional college. Article 2(2) provides that the designation as a regional college remains in force notwithstanding any change of name of New College Lanarkshire.

Article 3 amends schedule 2A to the Further and Higher Education (Scotland) Act 2005 by removing the entry for the Regional Board for Lanarkshire Colleges from Part 1 of that schedule and by inserting New College Lanarkshire as an other regional strategic body into Part 2 of that schedule.

Article 4 assigns the board of management of South Lanarkshire College to the regional strategic body, New College Lanarkshire, which is a regional strategic body by virtue of article 3. Article 4(2) provides that the board of management of South Lanarkshire College remains assigned to New College Lanarkshire notwithstanding any change of name of either college.

Article 5 makes provision under the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”) to amend Schedule 2 to the 1992 Act to alter the constitution of the board of management of New College Lanarkshire to reflect its new role as a regional strategic body. Article 5(1), (3) and (5) amend Schedule 2 to the 1992 Act to make it clear that paragraphs 3, 5 and 5C of that Schedule apply to the board of management of New College Lanarkshire as modified by this Order.

Article 5 (2)(a) increases the size of the board of management of New College Lanarkshire so that it must have at least 19 and not more than 22 members. Article 5(2)(b) reduces from two to one the number of students from New College Lanarkshire on the board. Article 5(2)(c) provides that chairing member of the board of South Lanarkshire College, as well as the principal of South Lanarkshire College and the two elected members of staff on the board of South Lanarkshire College will also be members of the board of management of New College Lanarkshire. It also makes provision that one student from South Lanarkshire College is a member of the board of management of New College Lanarkshire. Article 5(2)(d) provides that, if the principal of South Lanarkshire College has been removed from the board of management of New College Lanarkshire under section 24 of the 1992 Act, that person would be disqualified from being part of the board of management of New College Lanarkshire.

Article 5 (4) and (6) makes consequential amendments to the provisions in Schedule 2 to the 1992 Act regarding qualifications, tenure of office and resignation of the additional members of the board of management of New College Lanarkshire.

Footnotes

[^f00001]: 1992 c.37. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 2005 asp 6. Section 7A was inserted by section 5(1) of the Post-16 Education (Scotland) Act 2013 (asp 12) (“the 2013 Act”). Section 7B was inserted by section 8(1) of the 2013 Act. Section 7C was inserted by section 8(3) of the 2013 Act.

[^f00003]: New College Lanarkshire is prescribed by S.I. 1992/1597. The name of New College Lanarkshire was changed from Motherwell College on 1st November 2013 in accordance with section 3(4) of the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”). Section 3(4) of the 1992 Act was amended by section 30 of the Further and Higher Education (Scotland) Act 2005 (“the 2005 Act”). A “college of further education” is defined as the governing body of the college by section 35(1) of the 2005 Act, as amended by paragraph 8(23)(a)(i) of the schedule to the 2013 Act.

[^f00004]: Schedule 2A was inserted into the 2005 Act by section 8 of the 2013 Act.

Editorial notes

[^key-19d7996795210c51b00f796e20361ae3]: Art. 1 in force at 1.10.2014, see art. 1(1)

[^key-bcee7173c25c4acd6d11011bad122fcd]: Art. 2 in force at 1.10.2014, see art. 1(1)

[^key-1ce0feb66651e02d23e7a11db78385ac]: Art. 3 in force at 1.10.2014, see art. 1(1)

[^key-6138668c67a8e8960cf9be8020fb4373]: Art. 4 omitted (30.7.2025) by virtue of The Regional Strategic Bodies and Regional Colleges (Glasgow and Lanarkshire) Order 2025 (S.S.I. 2025/177), arts. 1, 6

[^key-2fbde7a1d254f32502b830e91c26885a]: Art. 5 omitted (30.7.2025) by virtue of The Regional Strategic Bodies and Regional Colleges (Glasgow and Lanarkshire) Order 2025 (S.S.I. 2025/177), arts. 1, 6