174 Vacation of office

(1)

A member of a council may resign as a member by written notice signed by the member and given to the chief executive.

(1A)

Subsection (1) does not apply to the chief executive of an institution who has been appointed by its council pursuant to a statute requiring it to appoint the chief executive as a member of the council.

(2)

[Repealed]

(2A)

[Repealed]

(3)

The council may, by resolution, dismiss a member of a council (other than the chief executive) as a member if the member—

(aa)

has, after the commencement of section 7 of the Education Amendment Act 2015, been removed as a member of the council of some other institution; or

(a)

is declared bankrupt; or

(b)

becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or

(ba)

becomes subject to a personal order under that Act that reflects adversely on his or her—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or

(c)

fails to attend 3 consecutive meetings of the council without having given to the chief executive prior notice of his or her inability to attend the meeting concerned; or

(d)

without reasonable excuse, fails to comply with section 175.

(3A)

The council may, by resolution, suspend a member of the council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).

(3B)

If a member is suspended under subsection (3A),—

(a)

the suspension has effect as if the member had been granted leave of absence; and

(b)

the member is not capable of acting as a member during the period of suspension; and

(c)

the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the council under subsection (3) in respect of the member).

(4)

The chief executive shall send to the member concerned a letter setting out the terms of the resolution dismissing or suspending the member.

Section 174: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).

Section 174(1): amended, on 1 March 2010, by section 12(1) of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).

Section 174(1A): replaced, on 13 February 2015, by section 8(1) of the Education Amendment Act 2015 (2015 No 1).

Section 174(2): repealed, on 13 February 2015, by section 8(2) of the Education Amendment Act 2015 (2015 No 1).

Section 174(2A): repealed, on 13 February 2015, by section 8(2) of the Education Amendment Act 2015 (2015 No 1).

Section 174(3)(aa): inserted, on 13 February 2015, by section 8(3) of the Education Amendment Act 2015 (2015 No 1).

Section 174(3)(b): replaced, on 10 September 2008, by section 4(5) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 174(3)(ba): inserted, on 10 September 2008, by section 4(5) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 174(3A): inserted, on 10 September 2008, by section 4(6) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 174(3B): inserted, on 10 September 2008, by section 4(6) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 174(4): amended, on 10 September 2008, by section 4(7) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).