Good college governance: consultation

Section 1: Introduction

1.1 Colleges make a vital contribution to this Government's commitment to improving the lives and employability of all Scotland's people. Their effective governance is fundamental in supporting colleges to improve the life chances of their students and the performance of businesses.

1.2 This consultation paper takes forward, the commitments given in Good College Governance: The Report of the Education Secretary's Task Group (March 2016) ^[1] to consult on a range of matters arising from the Task Group's consideration of events at a few colleges in recent years to learn lessons to minimise the risks of governance failures in the future. Further detail about the Task Group's consideration is also included in Good College Governance: Supporting Material to the Report of the Education Secretary's Task Group (March 2016) ^[2] .

1.3 A key element of recent reforms to the college sector has been to make significant improvements to the accountability of boards. This includes the new transparent appointment system for college sector boards, guidance for which is set out in College Sector Board Appointments: 2014 Ministerial Guidance (August 2014) ^[3] .

Consultation Paper

This consultation paper seeks comments on:

• Recommendation 1 of the Good Governance Task Group Report ( Section 2)
  • better arrangements are put in place to improve board member recruitment
• Recommendation 9 of the Good Governance Task Group Report ( Section 3)
  • more sanctions are considered so that a wider range of measures is available, if necessary
• equality impact ( Section 4)

1.4 A list of consultees is at Annex A .

1.5 Consultation is an essential part of the policy making process. It gives us the opportunity to receive your opinion and expertise on a proposed area of work. You can find all Scottish Government forthcoming, open and closed consultations online at https://consult.scotland.gov.uk/

1.6 Each consultation details the issues under consideration, as well as a way for you to give us your views, either online, by email or by post. After a consultation is closed we publish all responses where we have been given permission to do so.

1.7 Responses are analysed and used as part of the policy making process, along with a range of other available information and evidence. Responses to this consultation will help to inform possible changes to legislation.

Deadline

1.8 The consultation was published on 18 April 2017 and closes at midnight on 2 June 2017.

How to Respond

1.9 You can respond to this consultation online, by email, or by post.

Respond Online

1.10 To respond online please use the Scottish Government's Consultation Hub. You can save and return to your response at any time while the consultation is open. But please ensure that your response is submitted before the consultation closes at midnight on 2 June 2017. You will automatically be emailed a copy of your response after you submit it.

1.11 If you choose this method you will be directed to complete the Respondent Information Form. The Respondent Information Form lets us know how you wish your response to be handled, and in particular whether you are happy for your response to be made public.

Other Ways to Respond

1.12 If you prefer you can also submit a written response in hard copy to:

Fiona Macdonald
Colleges, Young Workforce and SFC Sponsorship Division
Scottish Government
6th Floor, Atlantic Quay
150 Broomielaw
Glasgow G2 8LU

Or, by email to FEMailbox@gov.scot

1.13 If you would like to submit your response by email or by post, please ensure that you complete the Respondent Information Form provided at Annex B and attach it alongside your response. The Respondent Information Form lets us know how you wish your response to be handled, and in particular whether you are happy for your response to be made public.

Next Steps

1.14 After the consultation has closed we will analyse all the responses received and use your feedback to help inform the development of governance policy. Where permission has been given, we will make all responses available to the public at https://consult.scotland.gov.uk/. The responses to the consultation and analysis will be published in Spring 2017.

Enquiries and complaints

1.15 If you have a query about the consultation process, or a complaint about how this consultation has been conducted you can send your query by email to Julia.McAteer@gov.scot, or by hard copy to:

Julia McAteer
Colleges, Young Workforce and SFC Sponsorship Division
6th Floor, Atlantic Quay
150 Broomielaw
Glasgow G2 8LU

References in this consultation paper

• "the 1992 Act" is the Further and Higher Education (Scotland) Act 1992.
• "the 2005 Act" is the Further and Higher Education (Scotland) Act 2005.

References to Acts are to the Acts as amended, including by the Post-16 Education (Scotland) Act 2013 ("the 2013 Act").

• An "incorporated college" is a college with a board of management under Part 1 of the 1992 Act.
• A "regional college board" is the board of management of an incorporated college designated by order under section 7A(1) of the 2005 Act as a regional college.
• A "regional strategic body" is a body listed in schedule 2A to the 2005 Act. The functions of a regional strategic body include appointing the chair and non-executive board members of assigned incorporated colleges.
• A "Regional Board" is a type of regional strategic body that is listed in Part 1 of schedule 2A to the 2005 Act. Unlike any other regional strategic body, the constitution of a Regional Board is set out in the 2005 Act.
• An "assigned incorporated college board" is the board of management of an incorporated college assigned to a regional strategic body by order under section 7C(1) of the 2005 Act.
• A "college sector board" is a board of either an incorporated college or a Regional Board.
• A "non-executive board member" is a member who is not the chair and who does not otherwise hold a specific position on the board ^[4] .