Further and Higher Education (Scotland) Act 2005

The Scottish Ministers: requirements and directions S

24 Requirements as to Council's functions S

(1) The Scottish Ministers may by order impose requirements on the Council as regards the exercise of its functions.

(2) But requirements imposed under this section may not relate to the Council's functions under section 7[F1 , 14A] or 17.

(3) Requirements imposed under this section may—

(a) be of a general or specific character; and

(b) make different provision for different cases or classes of case,

but may not relate to a particular [F2 post-16 education body or to a particular regional strategic body].

Textual Amendments

F1 Word in s. 24(2) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(16)(a); S.S.I. 2014/21, art. 2, Sch. 1

F2 Words in s. 24(3) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(16)(b); S.S.I. 2014/21, art. 2, Sch. 1

Commencement Information

I1 S. 24 in force at 3.10.2005 by S.S.I. 2005/419, art. 2(1)

25 Directions where financial mismanagement S

(1) The Scottish Ministers are, if it appears to them that the financial affairs of a [F3 post-16 education body or regional strategic] body have been or are being mismanaged, to give the Council such directions about the provision of financial support for the activities carried on by the F4 ... body as they consider are necessary or expedient by reason of the mismanagement.

[F5 (1A) A direction made under subsection (1) in relation to any of a regional strategic body's colleges may, in particular, require the Council to provide such financial support to the regional strategic body as may be specified in the direction (subject to such terms and conditions as may be so specified).]

(2) Before giving directions under this section, the Scottish Ministers must consult[F6 —

(a) the Council;

(b) the body to which the direction relates; and

(c) where that body is assigned to a regional strategic body by an order made under section 7C(1), the regional strategic body].

(3) The Council must comply with directions given to it under this section.

Textual Amendments

F3 Words in s. 25(1) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(17)(a)(i); S.S.I. 2014/21, art. 2, Sch. 1

F4 Word in s. 25(1) omitted (3.3.2014) by virtue of Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(17)(a)(ii); S.S.I. 2014/21, art. 2, Sch. 1

F5 S. 25(1A) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(17)(b); S.S.I. 2014/21, art. 2, Sch. 1

F6 Words in s. 25(2) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(17)(c); S.S.I. 2014/21, art. 2, Sch. 1

Commencement Information

I2 S. 25 in force at 3.10.2005 by S.S.I. 2005/419, art. 2(1)

[F7 25A Provision of information S

(1) A person mentioned in subsection (2) must provide the Scottish Ministers with such information as they may reasonably require for the purposes of or in connection with the exercise of any of their functions under this Act.

(2) Those persons are—

(a) a regional strategic body; or

(b) a college of further education which is—

(i) a regional college; or

(ii) assigned to a regional strategic body by order made under section 7C(1).]

Textual Amendments

F7 S. 25A inserted (3.3.2014 for specified purposes, 1.5.2014 in so far as not already in force) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(18); S.S.I. 2014/21, art. 2, Sch. 1; S.S.I. 2014/79, art. 2(1), Sch. 1