SCHEDULE

PART 1Modifications of Primary Legislation

Education (Scotland) Act 19801

In section 72 of the Education (Scotland) Act 1980 (expenses of secretary of state)6—

a

for subsection (4)(b) substitute—

b

is not a post-16 education body.

b

after subsection (4) insert—

5

In subsection (4)(b), “post-16 education body” shall be construed in accordance with the Further and Higher Education (Scotland) Act 20057.

Further and Higher Education (Scotland) Act 19922

1

The Further and Higher Education (Scotland) Act 19928 is amended in accordance with paragraphs (2) to (4).

2

In section 36(1) (interpretation of part I)9 after the definition of “land” insert—

  • “recognised”, in relation to a trade union, has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 199210, and “recognises” is to be construed accordingly;

3

In paragraph 3(4) of Schedule 2 (persons not eligible for appointment as chairing member of regional college)11—

a

insert “or” at the end of sub-sub-paragraph (c);

b

omit sub-sub-paragraph (e) (and the word “or” immediately preceding it).

4

In paragraph 5B(4) of Schedule 2 (removal of college board members)12, for “3A(2)(f)” substitute “3A(2)(a) or (f)”.

Further and Higher Education (Scotland) Act 20053

1

The Further and Higher Education (Scotland) Act 2005 is amended in accordance with paragraphs (2) to (4).

2

In section 23N(7)(a) (directions to assigned colleges)13, for “direct a college to transfer any” substitute “give directions in relation to the transfer of any”.

3

In the definition of “recognised” in section 35(1) (interpretation)14, after “1992” insert “, and “recognise” and “recognises” are to be construed accordingly”.

4

In paragraph 17(1)(b) of schedule 2B (accounts), for “31st March” substitute “31st July”.

Protection of Vulnerable Groups (Scotland) Act 20074

In section 97(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (general interpretation)15, in the definition of “organisation”, after paragraph (c)(ii), insert—

iia

a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act16,

Sexual Offences (Scotland) Act 20095

In section 44 of the Sexual Offences (Scotland) Act 2009 (interpretation of section 43)17, in the definition of “further or higher education institution”, after “2005 (asp 6)” insert “or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act”.