Rural and Islands College Merger proposal: consultation

Introduction

The Scottish Government is seeking views on a proposal put forward by the boards of management of North Highland College (UHI North Highland), West Highland College (UHI West Highland) and Lews Castle College (UHI Outer Hebrides) to merge into a single, incorporated college^[1].

The merging parties have suggested a "host" model, whereby the assets and liabilities of West Highland College and Lews Castle College are transferred to North Highland College to create the merged college. Under section 3 of the Further and Higher Education (Scotland) Act 1992 ("the 1992 Act") the power to establish, merge or close colleges of further education rests with the Scottish Ministers. These powers can only be exercised in relation to colleges which are incorporated under the 1992 Act. West Highland College is not incorporated under the 1992 Act and it is proposed that it would be wound up and the assets transferred through other non-statutory means. The Scottish Ministers have no role in that process.

Both Lews Castle College and North Highland College are incorporated colleges. Should the Scottish Ministers decide to proceed as is proposed in regard to this merger, a statutory instrument would be laid in the Scottish Parliament to close and transfer the assets of Lews Castle College.

Where there is a proposal to exercise these powers, Ministers must consult:

• the education authority for the area in which the college is or, as the case may be, is to be situated;
• the Scottish Funding Council;
• the boards of management of the college or colleges concerned;
• any regional strategic body for such a college;
• the representatives of any trade union which is recognised by such a board of management or which otherwise appears to the Scottish Ministers to be representative of its staff;
• the students' association of each such college.

The Boards of Management of the three colleges have proposed the merged college be re-named as UHI North, West and Hebrides. Section 3(4) of the 1992 Act provides that the governing body of a college of further education may, with the consent of the Scottish Ministers, change the name of the college or of the governing body. Although not a statutory requirement, Scottish Ministers are seeking views on the proposed new name for the merged college as part of this consultation.