Further and Higher Education (Scotland) Act 1992

Part IFurther Education

Chapter IDuties in relation to further education

1Duty of Secretary of State to secure provision of further education

2Function of education authorities

3Powers of Secretary of State

4Funding of further education

5Requirement on Secretary of State to consult

6Further education to which section 1 applies

Chapter IIScottish Further Education Funding Council

7Scottish Further Education Funding Council

8Advisory functions of the Funding Council

9Power of Secretary of State as regards functions of the Funding Council

10Payment of grants etc., to the Funding Council

Chapter IIIColleges of Further Education

Management of colleges

11First transfer of colleges

12Boards of management

13Subsequent transfers of colleges

14Transfer of colleges of further education not under local authority management

15Transfer of staff

16Transfer of property etc. to boards of management

17Surpluses and deficits

18Disposal of certain property

Educational endowments and trusts

19Educational endowments

20Variation of trust deeds

21Directions by Secretary of State

22College development plans

23Duty of boards of management as regards recorded children

24Mismanagement by boards

25Closure of colleges and dissolution of boards of management

26Abolition of college councils

27Information as to provision of further education

Chapter IVTransitory and transitional provisions

Property and contracts

28Control of disposal of certain land etc

29Control of disposal and removal of other property

30Restriction on education authority entering into certain contracts

Enforcement of sections 28 to 30

31Disposals and contracts without consent

32Recovery of loss and damages

33Avoidance of certain contractual terms

34Transitional provisions as regards college councils

Chapter VGeneral

35Service of documents etc

36Interpretation of Part I

Part IIHigher education

The funding council

37Scottish Higher Education Funding Council

38Meaning of higher education

39Assessment of quality of education provided by institutions

40Administration of funds

41Administration of funds: supplementary

Further functions

43Further functions

Designated institutions

44Designation of institutions

45Power of Privy Council in relation to designated institutions

46Establishment of new institutions by the Secretary of State

47Closure of institutions

48Power to award degrees etc

49Change of name by institutions

50Duty to give information to the Council

51Efficiency studies

52Exercise of powers of Privy Council

53Inspection of accounts

55Amendment of section 7 of the Teaching Council (Scotland) Act 1965

56Interpretation of Part II

Part IIIMiscellaneous

59Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies

60Regulations and orders

61Interpretation

62Transitional provisions, miscellaneous amendments and repeals

63Short title, commencement and extent

SCHEDULE 1The Scottish Further Education Funding Council

1The Funding Council shall not— (a) be regarded as the...

Tenure of office

2(1) The Funding Council shall consist of not less than...

House of Commons disqualification

3In Part III of Schedule I to the House of...

Property and contracts

4Subject to paragraphs 5 and 6 below, the Funding Council...

5The Funding Council shall not borrow money from any source,...

6(1) The Funding Council shall not dispose of any property...

Execution of documents

7(1) For any purpose other than those mentioned in sub-paragraph...

Reports and accounts

8The Funding Council shall make such reports or returns and...

9(1) It shall be the duty of the Funding Council—...

Additional provisions

10An order made under section 7 of this Act may...

11Employment with the Council shall be included among the kinds...

SCHEDULE 2Constitution and proceedings of boards of management

1A board of management (in this Schedule referred to as...

2The board shall consist of not less than ten nor...

3(1) Subject to paragraph 4 below, this paragraph shall have...

4(1) This paragraph shall have effect as regards the membership...

Qualifications and tenure of office

5(1) Subject to this paragraph and paragraphs 6 to 10...

6(1) A person shall not be eligible for appointment as...

7(1) A person is not eligible for appointment as a...

8If at any time the board are satisfied that any...

9If at any time the board are satisfied that any...

10(1) Any casual vacancy among the members of the board...

11(1) Subject to paragraphs 12 to 14 below, the board...

12(1) The board shall appoint one of their members, not...

13(1) The board may establish committees for any purpose and...

Conflict of interest

14(1) Subject to sub-paragraph (4) below, where, whether before or...

Confidentiality of information

15Any information which is received or obtained by any person...

16Subject to section 15 of this Act, the board may...

17(1) The board may, in the case of such of...

18(1) It shall be the duty of the board to...

19The accounts of the board shall be open to the...

Execution of documents

20(1) For any purpose other than those mentioned in sub-paragraph...

Provision of services

21The Local Authorities (Goods and Services) Act 1970 (supply of...

SCHEDULE 3Transfer and apportionment of property

Identification of land, other property, rights, liabilities and obligations

1(1) In respect of each college of further education prescribed...

2(1) The land, other property, rights, liabilities and obligations mentioned...

Status of agreements etc. under paragraph 1

3(1) An agreement made under paragraph 1 above or any...

Resolution of disputes

4(1) Where it appears to an education authority or a...

Right to production of documents of title

5(1) Where any land or other property is, or rights,...

Third parties affected by vesting

6(1) Any transfer of land or other property, rights, liabilities...

Failure to agree or to apply to Secretary of State under paragraph 4 above

7Where the education authority and the college council have failed...

SCHEDULE 4Commissioners for further education assets

Appointment and tenure

1The appointment of a commissioner for further education assets (in...

2Subject to paragraphs 4 and 5 below, the commissioner’s appointment...

3The Secretary of State shall pay to the commissioner such...

4The commissioner may resign his office at any time by...

5The Secretary of State may, if it appears to him...

6The commissioner may, with the prior consent, given in writing,...

7The commissioner shall comply with any directions given to him...

8The commissioner shall not delegate any of his functions.

9The commissioner shall not be regarded as a servant or...

SCHEDULE 5Transitional provisions for college councils

Contracts of employment

1(1) The college council shall have power to enter into...

2(1) The education authority shall provide the college council with...

Payment of grants by Secretary of State

3(1) The Secretary of State may make grants to a...

4(1) The Secretary of State may give college councils directions...

5College councils may pay to their members in respect of...

College development plans

6Regulation 13(1)(a) of The College Councils (Scotland) (No. 2) Regulations...

7(1) It shall be the duty of the college council...

Continuity of exercise of functions

8(1) Any relevant thing done by or in relation to...

Establishment of students' associations

9(1) Where, at the beginning of the transitional period, there...

10The college council shall not— (a) be regarded as the...

SCHEDULE 6Transitional composition of college councils

Membership of college councils

1(1) Subject to sub-paragraph (2) below, during the transitional period,...

Terms of appointment

2(1) Subject to the following provisions of this Schedule, a...

Eligibility for appointment

3(1) A person shall not be eligible for appointment to...

Disqualification from appointment

4If at any time the college council are satisfied that...

5If at any time the college council are satisfied that...

6(1) Any casual vacancy among the members of a council...

SCHEDULE 7The Scottish Higher Education Funding Council

Supplementary powers

1(1) Subject to sub-paragraph (2) below, the Council may do...

2(1) One of the members of the Council shall be...

Tenure of members of the Council

3(1) A person shall hold and vacate office as a...

4If the Secretary of State is satisfied that a member...

Salaries, allowances and pensions for members

5(1) The Council— (a) shall pay to their members such...

House of Commons disqualification

6In Part III of Schedule 1 to the House of...

7(1) The Council may appoint such employees as they think...

8(1) The Council may establish a committee for any purpose....

Delegation of functions

9The Council may authorise the chairman, the chief officer or...

10Without prejudice to any other rights the Secretary of State...

11The validity of any proceedings of the Council or of...

12Subject to the preceding provisions of this Schedule, the Council...

Execution of documents

13(1) For any purpose other than those mentioned in sub-paragraph...

14(1) It shall be the duty of the Council—

Status of the Council

15The Council shall not— (a) be regarded as the servants...

SCHEDULE 8Transitional, consequential and saving provisions

Part IProvisions relating to Part I of this Act

Supply of services

1(1) Where, in relation to any college of further education—...

Appointment of staff by education authority

2Without prejudice to section 30 of this Act, with effect...

3(1) The Secretary of State may by order make such...

Part IIProvisions relating to Part II of this Act

Saving for regulations under section 77 of the 1980 Act

4(1) Subject to sub-paragraph (2) below, the repeal by section...

SCHEDULE 9Miscellaneous and consequential amendments

Teaching Council (Scotland) Act 1965 (c. 19)

1(1) The Teaching Council (Scotland) Act 1965 shall be amended...

Veterinary Surgeons Act 1966 (c. 36)

2In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...

Chronically Sick and Disabled Persons Act 1970 (c. 44)

3In subsection (2) of section 8 of the Chronically Sick...

Sex Discrimination Act 1975 (c. 65)

4(1) The Sex Discrimination Act 1975 shall be amended as...

Race Relations Act 1976 (c. 74)

5(1) The Race Relations Act 1976 shall be amended as...

Employment Protection (Consolidation) Act 1978 (c. 44)

6In section 29 of the Employment Protection (Consolidation) Act 1978...

Education (Scotland) Act 1980 (c. 44)

7(1) The Education (Scotland) Act 1980 shall be amended as...

Education (Fees and Awards) Act 1983 (c. 40)

8(1) Section 1 of the Education (Fees and Awards) Act...

Mental Health (Scotland) Act 1984 (c. 36)

9In section 11(1) of the Mental Health (Scotland) Act 1984...

Education Reform Act 1988 (c. 40)

10In section 235 of the Education Reform Act 1988 (general...

Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)

11In section 70 of the Self-Governing Schools etc. (Scotland) Act...

Education (Student Loans) Act 1990 (c. 6)

12(1) The Education (Student Loans) Act 1990 shall be amended...

Environmental Protection Act 1990 (c. 43)

13In section 98 of the Environmental Protection Act 1990 (definitions)...

SCHEDULE 10Repeals

Further and Higher Education (Scotland) Act 1992

1992 Chapter 37

An Act to make new provision about further and higher education in Scotland; and for connected purposes.

[16th March 1992]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—