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Governing bodies
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82. (1) The Act of 1992 is amended by the substitution of the following section for section 6:
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“Governing body
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6. (1) A college shall have a governing body established under this Act to perform the functions of the college under this Act.
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(2) The Second Schedule shall apply to the governing body.
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(3) The governing body, having not fewer than 12 and not more than 20 members, shall consist of—
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(a) the Director,
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(b) a chairperson (in this section and the Second Schedule referred to as the ‘chairperson’), who shall be an external member, appointed by the governing body,
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(c) at least one but not more than 3 members of the academic staff of the college, the number of whom shall be determined, and who shall be elected, by the academic staff of the college,
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(d) one member of the non-academic staff of the college, elected by the non-academic staff of the college,
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(e) at least one but not more than 2 undergraduate students of the college, the number of whom shall be determined, and who shall be nominated, by the student union in accordance with its own procedures,
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(f) one post-graduate student of the college, nominated by the student union in accordance with its own procedures,
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(g) at least 3 but not more than 8 external members, at least one of whom has expertise in standards and practice in higher education outside the State, nominated by a committee of the governing body comprising the chairperson and 2 other external members of the governing body formed for that purpose,
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(h) 2 external members nominated by the Minister, and
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(i) one external member nominated, in accordance with its or their own procedures, by the education and training board or boards in whose education and training board area the campuses of the college are located.
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(4) (a) The term of office of a member of the governing body, other than the Director, shall not exceed 4 years and a member may not serve more than 2 consecutive terms of office.
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(b) A member of the governing body who is a student at the college shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.
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(5) Before appointing members under subsection (3)(g) the governing body shall agree with An tÚdarás the competencies required of such members relating to areas such as business, enterprise, industry, finance, law, corporate governance, human resources or community organisation or other areas relevant to the functions of the college.
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(6) (a) The governing body shall, for the purposes of this section, make regulations of the college relating to conduct of elections, seeking of nominations for appointment and appointment of members to the governing body.
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(b) In making regulations of the college under paragraph (a) the governing body shall have regard to the objective that at least 40 per cent of members of the governing body shall be women and at least 40 per cent shall be men.
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(7) In this section ‘external member’ in relation to the college means a person who is not—
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(a) the Director,
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(b) a member of the academic council,
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(c) a member of staff of the college, or
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(d) a student of the college.”.
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(2) The amendment, under subsection (1), of section 6 of the Act of 1992 shall not apply until the date that is 12 months after the date of the coming into operation of subsection (1), (in this subsection referred to as the “effective date”) and members of a governing body standing appointed immediately before that coming into operation shall continue to so stand, notwithstanding that their term of office was due to expire before the effective date, as such members until the effective date when their appointment shall cease.
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