New approved Scottish laws will impose new requirements on university governance

The Higher Education Governance (Scotland) Bill (16-page / 398KB PDF) was approved in a vote of the Scottish Parliament on Tuesday by 92 votes to 17.

Under the new laws, higher education (HE) bodies in Scotland that do not already have a rector will be required to ensure that a "senior lay member" is elected as chair of their governing body.

In addition, new requirements have also been set out as to the composition of the academic boards of Scottish HE institutions.

HE bodies in Scotland absent a rector will be required to elect a senior lay member to preside over meetings of the governing body. The senior lay member would hold a casting vote at those meetings and would be responsible for "the leadership and effectiveness of the governing body" and "ensuring that there is an appropriate balance of authority between the governing body and the principal of the institution".

A number of requirements in relation to the selection, interview and election of senior lay members are laid out in the Bill.

Specially established committees at HE bodies would need to be set up to participate in the selection of eligible candidate senior lay members for election. Those committees would need to evaluate candidates with reference to their "availability, skills and knowledge" which the committees consider necessary or desirable to perform the role and "command the trust and respect of the other members of the governing body, the academic board of the institution, [and] the staff and students of the institution".

The legislation also sets out requirements in respect of the composition of a HE institute's academic board.

At least half of the total members of academic boards need to be representatives of academic staff or students. Student representatives must also make up at least 10% of the total number of members of the board, unless there are more than 30 such representatives on the board.

Scottish education secretary Angela Constance said: "The passing of the Higher Education Governance Bill will ensure greater openness and transparency in the governance of these important and influential institutions. Every voice on campus will be heard as part of elections for chairs, or senior lay members, with staff, students and union representatives involved in the whole recruitment and election process. The historic role of rectors in those universities that have them will also continue."

"We have listened closely to stakeholders and interested parties over the course of the Bill’s passage and made a number of amendments, both to clarify the Bill, and to make sure it has maximum impact in improving governance practice. Our higher education institutions are, and will remain, a great source of pride to Scotland. Our research work is known the world over and the student experience is of the highest quality. An enhanced voice on campus for those who may not have been able to contribute before can only improve the sector’s standing," she said.

However, a spokesperson for Universities Scotland said the organisation did not think the "case for elected chairs was well evidenced" and that this would "deter credible candidates and undermine the good governance in our universities".

Universities Scotland's spokesperson said: "Parliament passed some modest amendments but missed an opportunity to include an exemption clause in the Bill which would have acknowledged the diversity of 18 institutions including the Conservatoire and art school. Instead, we are left with a Bill that takes a rigid and one-size-fits-all approach which is entirely inappropriate and unnecessary."

"Universities support the highest standards of good governance which means transparency, accountability and representation. Legislation has never been needed to achieve this," they said.