Enterprise and Culture Committee, 12 Sep 2006
Meeting date: Tuesday, September 12, 2006
Official Report
303KB pdf
Subordinate Legislation
The Robert Gordon University (Scotland) Amendment Order of Council 2006 <br />(SSI 2006/404)
I notice that the Deputy Minister for Enterprise and Lifelong Learning has arrived for item 4, but we must first deal with item 3.
Last week, we considered the Robert Gordon University (Scotland) Order of Council 2006 (SSI 2006/298). We will now consider the Robert Gordon University (Scotland) Amendment Order of Council 2006 (SSI 2006/404), which is a negative instrument. Is that right?
Louise Sutherland (Scottish Executive Transport, Enterprise and Lifelong Learning Department):
It is indeed.
Do you want to highlight the differences between the orders? I asked about the differences last week.
Okay.
The committee considered SSI 2006/298 at its meeting on 5 September. As Natalie Laing from the university explained at that meeting, several orders have been made to fulfil the university's wish to change its body corporate from its governing body to the institution itself and to modernise its constitution, as set out in the new order of council. However, the order of council omitted to retain the governance arrangements of the existing university until it is closed and its assets are transferred to the newly constituted university. The amendment order will therefore reinstate the governance to the university until it is closed and the assets are transferred, which is now expected to take place at the beginning of October. The university has said that the omission will not have caused it any practical difficulties during the short period of time between the original order and the amendment order coming into force.
The amendment order also rectifies omissions that were brought to our attention by the Subordinate Legislation Committee in the definition of "Independent Governor" and the article relating to the validity of proceedings, where reference should have been made to elected as well as appointed governors.
Thank you. No member has questions on the amendment order. Are members therefore content with it?
Members indicated agreement.
I thank the officials for attending the meeting.
Fundable Bodies (Scotland) Order 2006 (draft)
I welcome the Deputy Minister for Enterprise and Lifelong Learning and his officials, who are here to discuss the draft Fundable Bodies (Scotland) Order 2006, which is an affirmative instrument. I remind members that we have up to 90 minutes to debate the motion.
I invite the minister to speak to and move the motion.
Good afternoon, convener—or, in the light of the previous exchange, should I call you "sister"? We are all brothers and sisters.
I am grateful for the opportunity to speak to the motion and am sure that the debate on it will not take 90 minutes.
The draft order is to be made in exercise of the powers conferred by sections 7(1) and 34(2)(a) of the Further and Higher Education (Scotland) Act 2005 and it has the approval of the Scottish Further and Higher Education Funding Council. As members know, the order is required as a consequence of the Robert Gordon University changing its body corporate from its governing body to the Robert Gordon University and seeking to modernise its governance. In order for the Robert Gordon University to change its body corporate, it is necessary, under the terms of the Further and Higher Education (Scotland) Act 1992 to close and re-establish the university. The Robert Gordon University (Closure) (Scotland) Order 2006, which members will be aware is expected to come into force at the beginning of October, will give effect to the closure and the transfer of assets and staff to the new university that was established by the Robert Gordon University (Establishment) (Scotland) Order 2006 (SSI 2006/276).
The Scottish Further and Higher Education Funding Council may fund only institutions that are listed in schedule 2 to the Further and Higher Education (Scotland) Act 2005. The purpose of the order is to modify schedule 2 to that act to ensure that the funding council is able to fund the new institution that is established by SSI 2006/276.
The draft order will remove the words "The Robert Gordon University" from schedule 2 to the 2005 act and replace them with the words
"The Robert Gordon University, (as established by the Robert Gordon University (Establishment) (Scotland) Order 2006".
I move,
That the Enterprise and Culture Committee recommends that the draft Fundable Bodies (Scotland) Order 2006 be approved.
I thank the minister for his remarkably clear exposition of the supporting arguments and the explanatory notes to the order. Victor Borge would have been proud of him. Do members have questions for the minister?
I am eternally glad that no one has questions.
Do you want to make a closing statement? I can offer you up to 15 minutes.
No—I think that members have got the gist of the change.
I think so.
Motion agreed to.
That the Enterprise and Culture Committee recommends that the draft Fundable Bodies (Scotland) Order 2006 be approved.
I will suspend the meeting for five minutes for a comfort break.
Meeting suspended.
On resuming—