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Further and Higher Education (Scotland) Act 1992

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 7.

SCHEDULE 1The Scottish Further Education Funding Council

Status

1The Funding Council shall not—

(a)be regarded as the servants or agents of the Crown;

(b)have any status, immunity or privilege of the Crown,

and their property shall not be regarded as property of, or held on behalf of, the Crown.

Tenure of office

2(1)The Funding Council shall consist of not less than twelve nor more than fifteen members appointed by the Secretary of State, of whom one shall be so appointed as chairman.

(2)In appointing members of the Funding Council the Secretary of State —

(a)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, the provision of further education (within the meaning of section 1(5)(b) of the 1980 Act) or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such further education and, in appointing such persons, he shall have regard to the desirability of their being currently engaged in the provision of such further education or in carrying responsibility for such provision; and

(b)shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

House of Commons disqualification

3In Part III of Schedule I to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices) there is inserted at the appropriate place— Any member of the Scottish Further Education Funding Council in receipt of remuneration.

Property and contracts

4Subject to paragraphs 5 and 6 below, the Funding Council shall have the power—

(a)to acquire, hold and dispose of land and other property;

(b)to enter into contracts, including contracts for the employment of staff for the purposes of the discharge of their functions;

(c)to invest any sums not immediately required by the Funding Council for the purpose of their carrying on any of the activities which they have power to carry on; and

(d)to accept gifts of money, land or other property and apply it to, or hold or administer it in trust for, the purpose of the discharge of any of their functions.

5The Funding Council shall not borrow money from any source, give any guarantee or indemnity or create any trust or security over or in respect of any of their property which was acquired, improved or maintained wholly or partly, directly or indirectly out of funds provided by the Secretary of State under section 10 of this Act or from the proceeds of or any consideration for the disposal of any property so acquired, improved or maintained.

6(1)The Funding Council shall not dispose of any property acquired, improved or maintained wholly or partly, directly or indirectly out of funds provided by the Secretary of State under the said section 10 or from the proceeds of or any consideration for the disposal of any property so acquired, improved or maintained without the prior consent, given in writing, of the Secretary of State.

(2)The consent of the Secretary of State may be given in respect of a particular disposal of property or of disposals of any class or description and may be given subject to such conditions as the Secretary of State may determine.

(3)The consent of the Secretary of State is not required for the disposal of land which is or forms part of property mentioned in sub-paragraph (1) above where the disposal is in consequence of the compulsory acquisition of such land by any authority in pursuance of any power of compulsory acquisition under any enactment; but the Funding Council shall inform the Secretary of State of any such compulsory acquisition.

(4)Where any such property is disposed of, the Funding Council shall pay to the Secretary of State such portion of the proceeds or value of the consideration for the disposal, after deduction of such expenses as appear to the Secretary of State to have been reasonably incurred in the disposal, as the Secretary of State may, after consultation with the Funding Council, determine.

Execution of documents

7(1)For any purpose other than those mentioned in sub-paragraph (2) below, a document is validly executed by the Funding Council if it is signed on their behalf by a member of the Funding Council or by their secretary (or any person performing the duties of secretary to the Funding Council) or by any person authorised to sign the document on their behalf.

(2)For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by the Funding Council if it is subscribed on their behalf by being executed in accordance with the provisions of sub-paragraph (1) above.

(3)A document which bears to have been executed by the Funding Council in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if the subscription of the document bears to have been attested by at least one witness.

Reports and accounts

8The Funding Council shall make such reports or returns and give such information to the Secretary of State as he may require for the purposes of the exercise of his powers and the performance of his duties under this Part of this Act.

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

(a)to keep proper accounts and proper records in relation to the accounts;

(b)to prepare in respect of each financial year of the Funding Council a statement of accounts; and

(c)to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the information to be contained in it;

(b)the manner in which the information contained in it is to be presented; or

(c)the methods and principles according to which the statement is to be prepared,

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4)In this paragraph “financial year” means the period beginning with the date on which the Funding Council is established and ending with the second 31st March following that date, and each successive period of twelve months.

Additional provisions

10An order made under section 7 of this Act may contain such additional provisions—

(a)relating to the membership, staff and proceedings of the Funding Council (including any committee of them);

(b)relating to salaries, pensions, allowances and any other payments to be paid to members of the Funding Council (including any such committee) and to staff; and

(c)as to the winding-up and dissolution of the Funding Council,

as the Secretary of State may consider necessary or expedient.

11Employment with the Council shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” there is inserted— Scottish Further Education Funding Council.

Section 12.

SCHEDULE 2Constitution and proceedings of boards of management

Status

1A board of management (in this Schedule referred to as “the board”) shall not—

(a)be regarded as the servants or agents of the Crown;

(b)have any status, immunity or privilege of the Crown,

and their property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

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

3(1)Subject to paragraph 4 below, this paragraph shall have effect as regards the membership of the board.

(2)The board shall include—

(a)the person who is, for the time being, the principal of the college;

(b)a person appointed by being elected by the teaching staff of the college from among their own number;

(c)a person appointed by being elected by the non-teaching staff of the college from among their own number;

(d)a person appointed by being nominated by the students' association of the college from among students of the college.

(3)Not less than one half of the total number of members of the board shall be appointed by the board from among persons, not being members of the staff or full-time students of the college, appearing to them to have experience of, and to have shown capacity in, industrial, commercial or employment matters or the practice of any profession; and one such person shall be a person nominated by the local enterprise company for the area in which the college is located.

(4)The remaining members shall be appointed by the board from among persons appearing to them to have, or to represent persons who have, an interest in the work of the college, having regard to the interests of the education authority for the area in which the college is situated in relation to the provision of any form of further education in their area.

(5)In this paragraph, “local enterprise company” means any person with whom an agreement (not being one which has terminated) has been made in pursuance of section 19 of the [1990 c. 35.] Enterprise and New Towns (Scotland) Act 1990 by Scottish Enterprise or Highlands and Islands Enterprise for the discharge by that person of any of the functions of Scottish Enterprise or, as the case may be, Highlands and Islands Enterprise.

(6)Any election to be held in pursuance of this paragraph shall be conducted in accordance with rules made by the board after consultation with such persons as appear to the board to be representative of each category of persons entitled to elect a person under this paragraph; and rules made in accordance with this sub-paragraph may be substituted or varied by further such rules.

4(1)This paragraph shall have effect as regards the membership of the board with effect from the first transfer date.

(2)The persons who are, immediately before the first transfer date, the members of the college council for a college of further education by virtue of Schedule 6 to this Act shall become, on that date, the first members of the board of management of the college.

(3)Where a person becomes a member of the board in pursuance of sub-paragraph (2) above, he shall be taken to have become a member of the board in pursuance of the provision of paragraph 3 above in accordance with which, by virtue of paragraph 1 of Schedule 6 to this Act, he became a member of the college council.

(4)Where the number of persons who become the first members of the board in pursuance of sub-paragraph (2) above is less than sixteen, the board may appoint, in accordance with and having regard to the requirements of paragraph 3 above, such additional members as appears to them to be appropriate; provided that the total number of members of the board shall not at any time exceed sixteen.

(5)As soon as is practicable after the first transfer date and any appointment made under sub-paragraph (4) above, the members of the board shall determine by agreement among them, or failing agreement by ballot, that the persons who occupy the positions on the board mentioned in sub-paragraph (6) below shall hold office for a period of two years.

(6)The positions referred to in sub-paragraph (5) above are seven positions (other than the positions held by the principal and the person appointed by being nominated by the students' association of the college), whether or not at the time the board makes its determination any or all of such positions are occupied, identified in such manner as the board may so determine.

Qualifications and tenure of office

5(1)Subject to this paragraph and paragraphs 6 to 10 below, a member of the board shall hold and vacate office in accordance with the terms of his appointment, and, on such appointment ceasing, shall be eligible for re-appointment.

(2)Subject to paragraph 4(5) above, a member of the board, other than the person who is, for the time being, the principal of the college and the person appointed by being nominated by the students' association of the college, shall hold office for a period of four years.

(3)The person who is, for the time being, the principal of the college shall remain a member of the board while he is the principal; and nothing in paragraphs 6 to 9 below shall apply to the principal in his capacity as a member of the board.

(4)A person who is appointed by being nominated by the students' association of the college shall hold office until 31st August following his appointment.

(5)A member of the board, other than the principal of the college, may resign his office at any time by giving notice in writing to such person as the board may appoint for the purpose.

6(1)A person shall not be eligible for appointment as a member of the board—

(a)at any time when he is under the age of sixteen or over the age of seventy; but a person who attains the age of seventy during his appointment shall be entitled to remain in office until his term of office otherwise expires in accordance with this Schedule; or

(b)where the total number of years of any previous terms of office (whether or not consecutive) served as a member of that board exceeds eight.

(2)For the purposes of sub-paragraph (1)(b) above, in calculating the number of years served no account shall be taken of any term of office served as a member of a college council.

7(1)A person is not eligible for appointment as a member of the board if—

(a)he has, within five years of the date his appointment would take effect, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(b)his estate has been sequestrated, he has made an arrangement with his creditors, he has been adjudged bankrupt, he has granted a trust deed for his creditors or a composition contract;

(c)he is incapacitated by mental illness; or

(d)he has been removed from office by the Secretary of State under section 24 of this Act.

(2)Where a person is disqualified under sub-paragraph (1)(b) above by reason of having had his estate sequestrated, the disqualification shall cease if and when—

(a)the sequestration of his estate is recalled or reduced; or

(b)he is discharged under or by virtue of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985.

(3)Where a person is disqualified under that sub-paragraph by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against him is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.

(4)Where a person is disqualified under that sub-paragraph by reason of his having made an arrangement with his creditors or granted a trust deed for his creditors or a composition contract, the disqualification shall cease when the arrangement or, as the case may be, trust deed or composition contract is no longer in force.

8If at any time the board are satisfied that any of their members—

(a)has been convicted as mentioned in sub-paragraph (a) of paragraph 7(1) above or has become a person to whom either of sub-paragraphs (b) and (c) of paragraph 7(1) above applies;

(b)has been absent, without the permission of the board, from all meetings of the board or any committee of theirs to which he has been appointed for a period longer than six consecutive months; or

(c)having been appointed in pursuance of paragraph 3(3) above, becomes a full-time student of the college or a member of the staff of the college,

the board shall, by notice given in writing to that person, remove him from office; and thereupon the office shall become vacant.

9If at any time the board are satisfied that any of their members—

(a)has failed to comply with any requirement of paragraph 14 or 15 below; or

(b)having been appointed by reason of being a student of the college or a member of the staff of the college, ceases to be such student or member of staff; or

(c)without prejudice to paragraph 8 above, has become unable or unfit to discharge his functions as a member of the board,

the board may, by notice given in writing to that person, remove him from office; and thereupon the office shall become vacant.

10(1)Any casual vacancy among the members of the board may be filled by their appointing a person to fill the vacancy in like manner to that by which the person to be replaced was appointed.

(2)Notwithstanding paragraph 5 above, a person appointed in pursuance of this paragraph shall hold office until the expiry of the period of office of the person he was appointed to replace.

Proceedings

11(1)Subject to paragraphs 12 to 14 below, the board may regulate their own proceedings and those of any committee appointed by them.

(2)The validity of any proceedings of the board or of any committee appointed by them shall not be affected by any defect in the appointment of any member of the board or any member of such committee or by a vacancy amongst the members of the board.

(3)Subject to sub-paragraph (5) below, the board shall make available for inspection at the college at all reasonable times by anyone who wishes to inspect them copies of the documents to which this sub-paragraph applies.

(4)The documents to which sub-paragraph (3) above applies are—

(a)the agenda for any meeting of the board or of any committee of theirs;

(b)the draft minutes of any such meeting as approved by the chairman of the meeting;

(c)the minutes of such meeting as agreed by the board or, as the case may be, committee; and

(d)any report or other document considered by such meeting.

(5)Sub-paragraph (3) above shall not apply to any document or part thereof which relates to—

(a)an employee, former employee or applicant for employment in relation to the college;

(b)a person who is, has been, or is likely to be a student of the college;

(c)any information the disclosure of which is prohibited by anything in any enactment (including this Act and an enactment contained in a subordinate instrument) or rule of law;

(d)anything which it appears to the board should be treated as confidential because of its commercial nature or otherwise.

Chairman

12(1)The board shall appoint one of their members, not being a person who is—

(a)a student of the college;

(b)an employee of the board;

(c)the principal for the time being of the college; or

(d)a member (whether elected or appointed) or an employee of a local authority,

to be chairman.

(2)The board shall determine the period of appointment of the chairman and may remove him from office as chairman.

(3)Where the chairman ceases to be a member of the board, he shall cease to be chairman.

Committees

13(1)The board may establish committees for any purpose and any such committee may appoint sub-committees.

(2)Such committees may include persons who are not members of the board; but such persons shall not be entitled to vote at meetings of a committee.

(3)The principal of the college shall be entitled to attend and speak at any meeting of a committee of the board; but he shall be entitled to vote at such meeting only if he is a member of such committee.

(4)The board may pay to the members of such committees (whether or not they are also members of the board) such allowances and expenses as they may determine; and any allowances and expenses to be paid by virtue of this sub-paragraph shall be calculated by reference to such criteria as the Secretary of State may determine.

(5)Any reference in this Schedule to a committee of the board shall include a reference to any sub-committee appointed by such committee.

Conflict of interest

14(1)Subject to sub-paragraph (4) below, where, whether before or during any meeting of the board or any committee of theirs, any member of the board or of such committee becomes aware that he or any person connected with him has a material interest in or relating to any matter to be or being considered by the board or, as the case may be, the committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.

(2)Notwithstanding sub-paragraph (1) above, where in relation to any member of the board or of a committee mentioned in sub-paragraph (3) below any matter referred to in that sub-paragraph is to be considered by any meeting of the board or any committee of theirs he shall, unless invited to remain by resolution of the other members of the board present, withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.

(3)The members of the board mentioned in sub-paragraph (2) above in relation to particular matters are—

(a)the principal of the college in relation to his terms and conditions of employment, his suspension or dismissal or any other disciplinary measure relating to him and the appointment of his successor;

(b)a member of the staff of the college in relation to his terms and conditions of employment, the terms and conditions of employment of any group of employees of the college to which he belongs, his promotion, suspension or dismissal or any other disciplinary measure relating to him; and

(c)a student of the college in relation to his academic performance, any disciplinary measures relating to him or the terms and conditions of employment, appointment, promotion, suspension or dismissal of or any other disciplinary measure relating to any employee of the college.

(4)Subject to sub-paragraph (3) above, nothing in this paragraph shall require the principal or a member of staff or student to declare an interest or withdraw from consideration of any matter where his interest exists only by reason of his being the principal or, as the case may be, a member of staff or student.

(5)Section 346(2) of the [1985 c. 6.] Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the board or, as the case may be, a member of any committee of theirs as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to a member of the board or, as the case may be, member of such committee.

Confidentiality of information

15Any information which is received or obtained by any person in connection with his functions as a member of the board or a member of a committee established under paragraph 13 above on the basis that such information shall be treated as confidential shall be treated by him as confidential to the board or, as the case may be, the committee.

Staff

16Subject to section 15 of this Act, the board may appoint on such terms and conditions as they may determine such employees as they think fit.

17(1)The board may, in the case of such of its employees or former employees as they may, subject to sub-paragraph (2) below, determine—

(a)pay such pensions, allowances or gratuities to or in respect of those employees;

(b)make such payments towards provision of such pensions, allowances or gratuities; or

(c)make such arrangements for the provision and maintenance of such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as they think fit.

(2)Sub-paragraph (1) above shall not apply to any person who becomes an employee of the board under or by virtue of any provision of this Act (other than paragraph 16 above) unless that person, by notice given in writing, informs the board that he wishes it so to apply.

(3)The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of the board includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

Accounts

18(1)It shall be the duty of the board to keep proper accounts and other records.

(2)The accounts shall be prepared and audited in respect of each financial year in such manner as the Secretary of State may direct and the accounts shall be submitted to the Secretary of State as soon as practicable after the end of each financial year.

(3)The financial year of the board shall be from 1st April to 31st March.

(4)The Secretary of State may by order provide that the board shall have a different financial year, and an order under this sub-paragraph may make such consequential provision as appears to the Secretary of State to be necessary or expedient.

19The accounts of the board shall be open to the inspection of the Comptroller and Auditor General, but—

(a)the power conferred by this paragraph; and

(b)the powers under sections 6 and 8 of the [1983 c. 44.] National Audit Act 1983 (examinations into the economy, efficiency and effectiveness of certain bodies and access to documents and information) conferred on the Comptroller and Auditor General by virtue of section 6(3)(c) of that Act,

shall be exercisable only in, or in relation to accounts or other documents which relate to, any financial year in which expenditure is incurred by the board in respect of which grants, loans or other payments are made to them under this Part of this Act.

Execution of documents

20(1)For any purpose other than those mentioned in sub-paragraph (2) below, a document is validly executed by the board if it is signed on their behalf by a member of the board or by their secretary (or any person performing the duties of secretary to the board) or by any person authorised to sign the document on their behalf.

(2)For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by the board if it is subscribed on their behalf by being executed in accordance with the provisions of sub-paragraph (1) above.

(3)A document which bears to have been executed by the board in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if the subscription of the document bears to have been attested by at least one witness.

Provision of services

21The [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to certain public bodies) shall have effect as if the board were a public body within the meaning of that Act.

Section 16.

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 under section 11 of this Act, the education authority and the college council shall, not later than the first transfer date, so far as practicable, arrive at such written agreements and execute such other instruments as are necessary or expedient—

(a)to identify or define the land, other property, rights, liabilities and obligations to be transferred to and vest in the board of management for the college under section 16 of this Act; or

(b)for making any arrangements such as are mentioned in paragraph 2(2) below as will afford to the authority and the board as against each other such rights and safeguards as they may require for the proper discharge of their respective functions.

(2)Any such agreement shall contain provision so far as is expedient to enable the creation, variation or extinction of interests in land or land obligations and for the granting of indemnities.

(3)The education authority shall supply the college council of such a college with such information, including all documents relating to interests in land and land obligations, as the college council may require for the purposes of this Schedule.

(4)Where no such agreement is arrived at before the first transfer date, the Secretary of State may prescribe a different date by which such an agreement is to be arrived at, and an agreement arrived at in pursuance of this sub-paragraph shall be between the education authority and the board of management for the college and, for the purposes of an agreement arrived at in pursuance of this sub-paragraph, references in this Schedule to the college council shall be construed as references to the board of management.

(5)In this paragraph “land obligations” has the same meaning as in section 1(2) of the [1970 c. 35.] Conveyancing and Feudal Reform (Scotland) Act 1970.

2(1)The land, other property, rights, liabilities and obligations mentioned in section 16(3) or (4) of this Act shall, where their nature permits, be divided or apportioned among the education authority and the board of management of any college for the purposes of which the land or property was held, used or obtained or, as the case may be, in relation to which the rights, liabilities or obligations subsisted in such proportions as may be appropriate.

(2)Any land or right in relation to land, other property, right, liability or obligation the nature of which does not permit its division or apportionment shall be transferred to the board of management of such a college or retained by the education authority according to—

(a)in the case of land or a right in relation to land, which of the education authority or the board of management of any such college appears, as at the first transfer date, to be likely to experience the greatest practical difficulty through not having possession of that land or, as the case may be, not being able to exercise the right, or where none of them appears likely to experience such difficulty to a greater extent than any other, which of them appears on that date to be likely to make use of the land or right to the greatest extent; or

(b)in the case of any other property or of any right, liability or obligation, which of them appears on the first transfer date to be likely to make use of the property or right or, as the case may be, to be affected by the liability or obligation to the greatest extent,

subject (in either case) to such arrangements for the protection of any party to which the land or other property or right, liability or obligation has not been transferred as may be agreed between the education authority and the college council for any such college or determined by the commissioner for further education assets under paragraph 4 below.

(3)Where any land or any right relating to land falls to be divided or apportioned under sub-paragraph (1) above any rent payable by or to any party in respect of that land and any rates, feuduties, stipend or other outgoings running with the land or right shall be correspondingly divided or apportioned.

Status of agreements etc. under paragraph 1

3(1)An agreement made under paragraph 1 above or any other instrument executed in pursuance of that paragraph shall be conclusive evidence of the matters contained therein.

(2)No application for the rectification of such an agreement or instrument may be made to the court under section 8 of the [1985 c. 73.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (rectification of defectively expressed documents) by an education authority or a college council who were a party to such an agreement or instrument without the prior consent, given in writing, of the Secretary of State.

Resolution of disputes

4(1)Where it appears to an education authority or a college council that it is unlikely, in the case of any matter in respect of which an agreement is required to be arrived at under paragraph 1 above, that an agreement will be arrived at, the authority or college council may refer the matter to the Secretary of State.

(2)Where a matter is so referred, the Secretary of State shall appoint a commissioner for further education assets (in this Schedule referred to as “the commissioner”) who shall, after consulting the education authority and any person whom he considers to have an interest in becoming vested in any property, right, liability or obligation to which such an agreement is intended to relate, determine the matter.

(3)The commissioner shall issue a written determination to the education authority and any college council required to arrive at such an agreement and may include in such determination any provision which could have been included in an agreement or other instrument made under or in pursuance of paragraph 1 above.

(4)A determination made under this paragraph shall have effect for all purposes as if it were an agreement made under paragraph 1 above.

(5)No application for the rectification of a determination under this paragraph may be made to the court under section 8 of the [1985 c. 73.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (rectification of defectively expressed documents) by the commissioner or by an education authority or a college council who are affected by the determination without the prior consent, given in writing, of the Secretary of State.

(6)The education authority shall provide the commissioner with such information, including all documents relating to interests in land or land obligations, as he may require for the purpose of the exercise of his functions under this paragraph.

Right to production of documents of title

5(1)Where any land or other property is, or rights, liabilities or obligations are, transferred to and vest in the board of management of any college under section 16 of this Act, the education authority shall deliver to the board of management all documents of title relating solely to such land or other property and all documents relating solely to such rights, liabilities or obligations.

(2)Without prejudice to sub-paragraph (1) above, the board of management of any college to whom any land or other property has, or rights, liabilities or obligations have, been transferred in accordance with section 16 of this Act shall be entitled at any time to require any person having possession of any document of title or other document relating to such land, other property, rights, liabilities or obligations to produce to them such documents.

(3)No charge may be made in respect of anything done in pursuance of this paragraph.

Third parties affected by vesting

6(1)Any transfer of land or other property, rights, liabilities or obligations from an education authority to the board of management of any college under section 16 of this Act and any subsequent transfer of such land, other property, rights, liabilities or obligations shall be binding on all other persons.

(2)Where any such transfer to the board of management of a college has an effect on the rights, liabilities or obligations of a third party—

(a)in the case of a transfer to which paragraph 1 above applies, the education authority; and

(b)in the case of a transfer to which paragraph 4 above applies, the commissioner,

shall give notice in writing to the third party of such transfer.

(3)Where, in consequence of any transfer such as is mentioned in sub-paragraph (1) above or the effect of any of the provisions of this Schedule—

(a)the rights, liabilities or obligations of any person other than the education authority or any board of management which were enforceable against or by the authority become enforceable against the board of management mentioned in that sub-paragraph or partly against the authority and partly against the board of management of one or more colleges; and

(b)the value of any property or interest of that person is thereby diminished,

such compensation as may be just shall be paid to that person by the authority or the board of management of, as the case may be, one or more colleges or by all or any of them.

(4)Any dispute as to whether, and if so how much, compensation is to be paid under sub-paragraph (3) above, or as to the person to or by whom it is to be paid, shall be referred to and determined by an arbiter appointed by the Lord President of the Court of Session.

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

7Where the education authority and the college council have failed to arrive at an agreement under paragraph 1 above not later than the first transfer date and neither of them has applied to the Secretary of State under paragraph 4 above, the Secretary of State may appoint a commissioner as if an application had been made to him under the said paragraph 4.

Section 16.

SCHEDULE 4Commissioners for further education assets

Appointment and tenure

1The appointment of a commissioner for further education assets (in this Schedule referred to as “the commissioner”) in pursuance of section 17(4) of or paragraph 4 of Schedule 3 to this Act, shall be in writing and shall specify the matters or class or classes of matters in respect of which he is appointed to make a determination.

2Subject to paragraphs 4 and 5 below, the commissioner’s appointment shall come to an end when it appears to the Secretary of State that he has determined the matters or class or classes of matters to which his appointment relates.

3The Secretary of State shall pay to the commissioner such remuneration as the Secretary of State thinks appropriate and any expenses reasonably incurred by him in carrying out his functions.

4The commissioner may resign his office at any time by giving notice in writing to the Secretary of State.

5The Secretary of State may, if it appears to him that the commissioner is unable or unfit to discharge his functions, terminate the commissioner’s appointment by giving notice in writing to him of such termination.

Functions

6The commissioner may, with the prior consent, given in writing, of the Secretary of State, employ persons on such terms as the commissioner may determine to assist him in the performance of his functions.

7The commissioner shall comply with any directions given to him by the Secretary of State in relation to the performance of his functions.

8The commissioner shall not delegate any of his functions.

Status

9The commissioner shall not be regarded as a servant or agent of the Crown, nor as enjoying any status, immunity or privilege of the Crown.

Section 34.

SCHEDULE 5Transitional provisions for college councils

Contracts of employment

1(1)The college council shall have power to enter into a contract of employment—

(a)which is to take effect from a date on or after the first transfer date; or

(b)with a person employed by them only for or in connection with their functions relating to the transfer of the management of the college from the education authority to the board of management.

(2)Where the college council enter into a contract of employment with any person such as is mentioned in sub-paragraph (1)(a) above, the contract shall have effect in all respects as if made between the board of management and that person.

Information

2(1)The education authority shall provide the college council with all information which the college council may reasonably require for the purpose of the exercise of the college council’s functions under this Part of this Act, including, in particular, such information as it is required to provide to a board of management under section 11 of this Act.

(2)The college council shall make such reports or returns and give such information to the Secretary of State as he may require for the purpose of the exercise of his powers and the performance of his duties under this Part of this Act.

Payment of grants by Secretary of State

3(1)The Secretary of State may make grants to a college council in respect of any expenditure incurred by them in pursuance of their functions under this Part of this Act in connection with the transfer of the management of their college from the education authority to the board of management.

(2)Grants made under this paragraph may be made subject to such conditions as the Secretary of State thinks appropriate and such conditions—

(a)may relate to any time, whether before or after the payment of the grant; and

(b)may be imposed before, after or at the time the grant is made.

(3)The terms and conditions on which the Secretary of State may make any grants under this paragraph may include in particular conditions—

(a)enabling him to require the repayment, in whole or in part, of sums paid by him if any other condition subject to which the sums were paid is not complied with; and

(b)requiring the payment of interest in respect of any period during which a sum due to him in accordance with any other condition remains unpaid,

but shall not relate to the application by the college council to which the grant is made of any sums derived otherwise than from the Secretary of State.

(4)A condition imposed in pursuance of sub-paragraph (2) above shall not have effect as regards anything done, or omitted to have been done, before the date the condition was imposed.

Directions

4(1)The Secretary of State may give college councils directions of a general or specific character with regard to the discharge of their functions under this Part of this Act; and it shall be the duty of every college council to whom such directions are given to comply with the directions.

(2)A direction given under this paragraph—

(a)may be varied or revoked by a subsequent direction so given;

(b)may be addressed to one or more than one college council.

Allowances

5College councils may pay to their members in respect of the exercise of their functions under this Part of this Act such allowances as are payable to members of the board of management of a college of further education under this Part of this Act.

College development plans

6Regulation 13(1)(a) of The [S.I. 1990/1637.] College Councils (Scotland) (No. 2) Regulations 1990 (requirement on college councils to submit college development plans) shall not have effect as regards any requirement on a college council to prepare or submit a college development plan before the beginning of the financial year beginning on 1st April 1993.

Accounts

7(1)It shall be the duty of the college council to keep proper accounts and other records.

(2)The accounts shall be prepared and audited in respect of the transitional period in such manner as the Secretary of State may direct and the accounts shall be submitted to the Secretary of State by the board of management of the college as soon as is practicable after the end of that period.

(3)The accounts of the college council shall be open to the inspection of the Comptroller and Auditor General.

Continuity of exercise of functions

8(1)Any relevant thing done by or in relation to the college council for a college of further education before the date appointed in relation to that college for the purposes of section 11(1) of this Act shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the board of management of the college.

(2)Any relevant thing which, immediately before that date, is in the process of being done by or in relation to the college council for a college of further education may be continued by or in relation to the board of management of the college.

(3)In this paragraph “relevant” in relation to anything done by or in relation to the college council for a college before that date means anything which, if it were to be done on or after that date, would be done by or in relation to the board of management of the college.

Establishment of students' associations

9(1)Where, at the beginning of the transitional period, there is no students' association established for the students of the college, the college council shall, as soon as is practicable after that date (after consultation with such persons as appear to them to be representative of students of the college), make a scheme for the establishment of a students' association for students of the college.

(2)The primary function of a students' association of a college established under this paragraph shall be to represent the interests of students of such college.

(3)A scheme made under sub-paragraph (1) above shall include provision as to—

(a)the date on which the scheme is to come into effect, being a date not later than the day immediately before the first transfer date; and

(b)the initial composition and constitution of the students' association.

Status

10The college council shall not—

(a)be regarded as the servants or agents of the Crown;

(b)have any status, immunity or privilege of the Crown,

and their property shall not be regarded as property of, or held on behalf of, the Crown.

Section 34.

SCHEDULE 6Transitional composition of college councils

Membership of college councils

1(1)Subject to sub-paragraph (2) below, during the transitional period, the composition of the college council for the college shall be determined in accordance with paragraphs 2 and 3 of Schedule 2 to this Act.

(2)In the application of the said paragraphs of Schedule 2 to membership of a college council—

(a)any reference to the board—

(i)in paragraphs 2 and 3(1), (2) and (6) and in paragraph 3(3) where such reference first occurs shall be construed as a reference to the college council; and

(ii)in paragraph 3(3) where such reference second occurs and in paragraph 3(4) shall be construed as a reference to the Secretary of State; and

(b)the rules to be made under the said paragraph 3(6) shall be made as soon as is practicable after the date prescribed in relation to the college for the purposes of section 34(3) of this Act.

(3)If the number of persons who become members of the college council in pursuance of this paragraph is less than 12, the college council may appoint in accordance with the said paragraph 3 such additional members as they consider appropriate; provided that the total number of members appointed to the council does not at any time exceed 16.

Terms of appointment

2(1)Subject to the following provisions of this Schedule, a person who becomes a member of a college council in pursuance of paragraph 1 above shall hold and vacate office in accordance with the terms of his appointment.

(2)A member of a college council, other than the principal of the college, may resign his office at any time by giving notice in writing to the Secretary of State.

Eligibility for appointment

3(1)A person shall not be eligible for appointment to a college council at any time when he is under the age of sixteen or over the age of seventy; but a person who attains the age of seventy during his appointment shall be entitled to remain in office.

(2)A person is not eligible for appointment to a college council if—

(a)he has, within five years of the date his appointment would take effect, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(b)his estate has been sequestrated, he has made an arrangement with his creditors, he has been adjudged bankrupt, he has granted a trust deed for his creditors or a composition contract; or

(c)he is incapacitated by mental illness.

(3)Where a person is disqualified under sub-paragraph (2)(b) above by reason of having had his estate sequestrated, the disqualification shall cease if and when—

(a)the sequestration of his estate is recalled or reduced; or

(b)he is discharged under or by virtue of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985.

(4)Where a person is disqualified under that sub-paragraph by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against him is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.

(5)Where a person is disqualified under that sub-paragraph by reason of his having made an arrangement with his creditors or granted a trust deed for his creditors or a composition contract, the disqualification shall cease when the arrangement or, as the case may be, trust deed or composition contract is no longer in force.

(6)Nothing in this paragraph or in paragraphs 4 and 5 below shall apply to the principal of the college in his capacity as a member of the college council.

Disqualification from appointment

4If at any time the college council are satisfied that any member of the council—

(a)has been convicted as mentioned in sub-paragraph (a) of paragraph 3(2) above or has become a person to whom either of sub-paragraphs (b) or (c) of paragraph 3(2) above applies; and

(b)has been absent, without the permission of the council, from all meetings of the council or any of their committees to which the member has been appointed for a period longer than six consecutive months,

the council shall, by notice given in writing to that person, remove him from office; and thereupon the office shall become vacant.

5If at any time the college council are satisfied that any member of the council—

(a)has failed to comply with any of the provisions of regulation 9(2) (conflict of interest) or 9(7) (confidentiality of information) of The [S.I. 1990/1637.] College Council (Scotland) (No. 2) Regulations 1990 (provisions as to the composition of college councils);

(b)having been appointed by reason of being a student of the college or a member of the staff of the college, ceases to be such student or member of staff; or

(c)without prejudice to paragraph 4 above, has become unable or unfit to discharge his functions as a member of the council,

the council may, by notice given in writing to that person, remove him from office; and thereupon the office shall become vacant.

Casual vacancy

6(1)Any casual vacancy among the members of a council may be filled by the council appointing a person to fill the vacancy in like manner to that by which the person to be replaced was appointed.

(2)Notwithstanding paragraph 2 above, a person appointed in pursuance of this paragraph shall hold office until the expiry of the period of office of the person he was appointed to replace.

Section 37.

SCHEDULE 7The Scottish Higher Education Funding Council

Supplementary powers

1(1)Subject to sub-paragraph (2) below, the Council may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a)acquiring and disposing of land and other property;

(b)entering into contracts;

(c)investing sums not immediately required for the purpose of the discharge of their functions; and

(d)accepting gifts of money, land or other property.

(2)The Council shall not borrow money.

Chief officer

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

(2)The first chief officer shall be appointed as such by the Secretary of State and shall hold and vacate office in accordance with the terms of his appointment.

(3)Each subsequent chief officer shall be appointed by the Council with the approval of the Secretary of State on such terms and conditions (including terms with respect to tenure and vacation of office) as the Council may, with the approval of the Secretary of State, determine.

(4)On approval by the Secretary of State of the person to be appointed on any occasion as chief officer of the Council and the terms and conditions of his appointment, the Secretary of State shall—

(a)if that person is not already a member of the Council, appoint him as a member for the same term as the term of his appointment as chief officer; or

(b)if he is already such a member but his term of appointment as such ends before the term of his appointment as chief officer ends, extend his term of appointment as a member so that it ends at the same time as the term of his appointment as chief officer.

Tenure of members of the Council

3(1)A person shall hold and vacate office as a member or as chairman or chief officer of the Council in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2)A person may at any time by notice given in writing to the Secretary of State resign his office as a member or as chairman of the Council.

4If the Secretary of State is satisfied that a member of the Council—

(a)has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council; or

(b)is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice given in writing to that member remove him from office; and thereupon the office shall become vacant.

Salaries, allowances and pensions for members

5(1)The Council—

(a)shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine; and

(b)shall pay, or make such payments towards the provision of, such pensions to or in respect of any of their members as the Secretary of State may determine.

(2)If a person ceases to be a member of the Council and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Council to make to that person a payment of such amount as the Secretary of State may determine.

(3)A determination or direction of the Secretary of State under sub-paragraph (1) or (2) above requires the approval of the Treasury.

House of Commons disqualification

6In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices) there is inserted at the appropriate place— Any member of the Scottish Higher Education Funding Council in receipt of remuneration.

Staff

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

(2)The Council shall pay to their employees such remuneration and allowances as the Council may determine.

(3)The employees shall be appointed on such other terms and conditions as the Council may determine.

(4)A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.

(5)Employment with the Council shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” there is inserted— Scottish Higher Education Funding Council.

(6)The Council shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.

(7)If an employee of the Council becomes a member of the Council and was by reference to his employment by the Council a participant in a pension scheme such as is mentioned in sub-paragraph (5) above—

(a)the Council may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Council whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 5 above; but

(b)if the Council determine as aforesaid, any discretion as to the benefits payable to or in respect of him which the scheme confers on the Council shall be exercised only with the consent of the Secretary of State given with the approval of the Treasury.

Committees

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

(2)The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Council.

(3)Such a committee may include persons who are not members of the Council.

(4)The Council shall pay to the members of such committees (whether or not they are also members of the Council) such travelling, subsistence or other allowances as the Secretary of State may determine.

(5)The Council shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

9The Council may authorise the chairman, the chief officer or any committee established under paragraph 8 above to exercise such of their functions as they may determine.

Proceedings

10Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to the Council under this Act—

(a)a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Council or of any committee of the Council; and

(b)the Council shall provide the Secretary of State with such copies of any documents distributed to members of the Council or of any such committee as he may require.

11The validity of any proceedings of the Council or of any committee of the Council shall not be affected by a vacancy among the members or by any defect in the appointment of a member.

12Subject to the preceding provisions of this Schedule, the Council may regulate their own procedure and that of any of their committees.

Execution of documents

13(1)For any purpose other than those mentioned in sub-paragraph (2) below, a document is validly executed by the Council if it is signed on their behalf by a member of the Council or by their secretary (or any person performing the duties of secretary to the Council) or by any person authorised to sign the document on their behalf.

(2)For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by the Council if it is subscribed on their behalf by being executed in accordance with the provisions of sub-paragraph (1) above.

(3)A document which bears to have been executed by the Council in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if the subscription of the document bears to have been attested by at least one witness.

Accounts

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

(a)to keep proper accounts and proper records in relation to the accounts;

(b)to prepare in respect of each financial year of the Council a statement of accounts; and

(c)to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The statement of accounts referred to in sub-paragraph (1)(b) above shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the information to be contained in it;

(b)the manner in which the information contained in it is to be presented; or

(c)the methods and principles according to which the statement is to be prepared,

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4)In this paragraph “financial year” means the period beginning with the date on which the Council is established and ending with the second 31st March following that date, and each successive period of twelve months.

Status of the Council

15The Council shall not—

(a)be regarded as the servants or agents of the Crown;

(b)have any status, immunity or privilege of the Crown,

and their property shall not be regarded as property of, or held on behalf of, the Crown.

Section 62.

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—

(a)there is in existence at the first transfer date an arrangement whereby any defined activity (being functional work) is undertaken by a local authority which is the education authority responsible, immediately before the first transfer date, for the management of the college;

(b)each of the six conditions is fulfilled; and

(c)the arrangement is to subsist for any period after that date,

the arrangement shall be binding, as from the first transfer date, on the board of management of the college and may be enforced by the board or, as the case may be, the local authority as if it were a contract between them for the performance of the defined activity.

(2)In the enforcement of any arrangement as mentioned in sub-paragraph (1) above, any provision under the arrangement in pursuance of section 8(3) of the [1988 c. 9.] Local Government Act 1988 for items to be credited or, as the case may be, debited to any account shall be taken to be a requirement on the local authority or, as the case may be, the board to make payments corresponding to such provision.

(3)In this paragraph—

  • “defined activity” means a defined activity for the purposes of Part I of the Local Government Act 1988;

  • “local authority” has the same meaning as in section 1(3)(a) of that Act; and

  • “the six conditions” are the conditions referred to in section 6(1) of that Act.

Appointment of staff by education authority

2Without prejudice to section 30 of this Act, with effect from such date as the Secretary of State may appoint in relation to a college of further education under section 34 of this Act, the education authority under whose management the college is shall not enter into a contract of employment relating to the employment of any person wholly or mainly for or in connection with the purposes of such college if the contract is to take effect on or after the first transfer date.

General

3(1)The Secretary of State may by order make such consequential modifications of any provision of any local or private Act passed, or subordinate legislation made, before the first transfer date which refers to the college council for any college of further education as appear to him to be necessary or expedient.

(2)The Secretary of State may, in relation to any particular functions of college councils, by order exclude, modify or supplement any provision of this Schedule, section 34 of and Schedules 3 and 5 to this Act and may make such other transitional provision as he considers necessary or expedient.

(3)Nothing in this paragraph shall apply in relation to contracts of employment made by an education authority.

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 62(3) of and Schedule 10 to this Act of section 77 of the 1980 Act shall not affect any regulations made under that section.

(2)This paragraph is without prejudice to the power of—

(a)the Privy Council under section 45 of this Act; and

(b)the Secretary of State under section 47 of this Act,

to amend, vary or revoke the provisions of any such regulations.

Section 62.

SCHEDULE 9Miscellaneous and consequential amendments

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

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

(2)In the following table, the expressions specified in column 3 shall be substituted for the expressions specified in column 2 where they occur in the provisions specified in column 1.

ProvisionExisting expressionExpression to be substituted
Sections 5 and 6.“college of education”“relevant institution”
Section 5 and Schedule 1, paragraphs 1, 2 and 6.“colleges of education”“relevant institutions”
Section 5 and Schedule 1, paragraph 1.“colleges”“institutions”
Section 5.“college”“institution”

(3)In subsection (2) of section 2 (standards for entry to the teaching profession)—

(a)for the word “conditions” there shall be substituted the word “matters”; and

(b)for the words “section 7” there shall be substituted the words “section 7(1)(b) to (d)”.

(4)In subsection (1) of section 5 (duty of the teaching council in relation to colleges of education)—

(a)in paragraph (a) for the words “nature of the instruction given” there shall be substituted the words “education and training of teachers”; and

(b)in paragraph (b) for the words from “section 81 of the Act of 1962” to the end of the subsection there shall be substituted the words “section 7 of this Act.”

(5)In Schedule 1—

(a)in paragraph 1(1)(b)(v), after the words “ the central institutions” there shall be inserted the words “and such institutions in the higher education sector (other than universities) as are not relevant institutions”;

(b)in paragraph 1(3) for the words from “and to the central institutions” to the words “falls to be made;” there shall be substituted the words “, the central institutions and institutions in the higher education sector shall be construed, in relation to any appointment, as references to the universities of Scotland or, as the case may be, such institutions established at the time the appointment falls to be made;”;

(c)in paragraph 1(3)(b)(ii)—

(i)at the beginning there shall be inserted the words “a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,”; and

(ii)after the word “attending” there shall be inserted the words “designated institutions,”; and

(d)after paragraph 6 there shall be inserted the following paragraph—

6AIn Part I of this Schedule, any reference to the principal of a relevant institution shall be construed, as regards a relevant institution which does not have as its sole or main activity the provision of courses for the education and training of teachers, as a reference to the person responsible to the principal of the institution for administering such courses.

Veterinary Surgeons Act 1966 (c. 36)

2In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” for the purposes of paragraph 5, in paragraph (b) of the definition—

(a)for sub-paragraph (i) there shall be substituted—

(i)any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;

(iA)any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under that Act;;

(b)after sub-paragraph (ii) the word “or” shall be omitted; and

(c)after sub-paragraph (iii) there shall be inserted the words or

(iv)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;.

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

3In subsection (2) of section 8 of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings) for paragraph (c) there shall be substituted the following paragraph—

(c)educational establishments within the meaning of section 135(1)

of the Education (Scotland) Act 1980.

Sex Discrimination Act 1975 (c. 65)

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

(2)In section 22 (prohibition of discrimination in relation to certain educational establishments), in the Table—

(a)after paragraph 7A there shall be inserted the following paragraph—

7B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management.Board of management.;

(b)after paragraph 7B inserted by sub-paragraph (a) above there shall be inserted the following paragraph—

7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.Governing body.

(3)After section 23A (discrimination by further and higher education funding councils for England and Wales) inserted by the Further and Higher Education Act 1992 there shall be inserted the following section—

23BDiscrimination by Scottish Further and Higher Education Funding Councils

It is unlawful for the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in carrying out any of their functions to do any act which constitutes sex discrimination.

(4)In sub-paragraph (c)(i) of subsection (6) of section 25 (bodies with a general duty to provide education without discrimination) for the words “7 or 7A” there shall be substituted the words “7, 7A, 7B or 7C”.

(5)In section 82(1) (interpretation) after the definition of “board of management” there shall be inserted the following definition—

“Board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;.

(6)In paragraph 6 of Schedule 2 (applications by certain bodies for transitional exemption orders) for the words “7 or 7A” there shall be substituted the words “7, 7A, 7B or 7C”.

Race Relations Act 1976 (c. 74)

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

(2)In section 17 (prohibition of discrimination in relation to certain educational establishments), in the Table—

(a)after paragraph 7A there shall be inserted the following paragraph—

7B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management.Board of management.;

(b)after paragraph 7B inserted by sub-paragraph (a) above there shall be inserted the following paragraph—

7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.Governing body.

(3)After section 18A (discrimination by further and higher education funding councils for England and Wales) inserted by the Further and Higher Education Act 1992 there shall be inserted the following section—

18BDiscrimination by Scottish Further and Higher Education Funding Councils

It is unlawful for the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in carrying out any of their functions to do any act which constitutes racial discrimination.

(4)In sub-paragraph (c)(i) of subsection (6) of section 19 (bodies with a general duty to provide education without discrimination) for the words “7 or 7A” there shall be substituted the words “7, 7A, 7B or 7C”.

(5)In section 78(1) (interpretation) after the definition of “board of management” there shall be inserted the following definition—

“board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;.

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

6In section 29 of the Employment Protection (Consolidation) Act 1978 (persons holding certain offices to be allowed time off for public duties)—

(a)in paragraph (e) of subsection (1) for the words “central institution or a college of education” there shall be substituted the words “designated institution or a central institution”;

(b)in that subsection, after paragraph (ef) (as inserted by paragraph 7(a) of Schedule 10 to the [1989 c. 39.] Self-Governing Schools etc. (Scotland) Act 1989) there shall be inserted the following paragraph—

(eg)a member of the board of management of a college of further education; or; and

(c)in paragraph (c) of subsection (2) for the words from ““school or college council”” to the end there shall be substituted the words ““school council” means a body appointed under section 125(1) of the Local Government (Scotland) Act 1973, “board of management”, where it appears in paragraph (ef) as inserted by the Self-Governing Schools etc. (Scotland) Act 1989, “central institution” and “self-governing school” have the same meanings as in section 135(1) of the Education (Scotland) Act 1980, “school board” has the same meaning as in section 1(1) of the School Boards (Scotland) Act 1988, “board of management”, where it appears and “college of further education” have the same meanings as in section 36(1) of the Further and Higher Education (Scotland) Act 1992 and “designated institution” has the same meaning as in Part II of that Act of 1992”.

Education (Scotland) Act 1980 (c. 44)

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

(2)After section 14 there shall be inserted the following section—

14ZAMeaning of pupil in sections 12 to 14

In sections 12 to 14 of this Act and in section 52 of this Act as it relates to the said section 13, any reference to a pupil shall include a reference to a student attending a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992.

(3)In section 17 (provision, maintenance and equipment of certain accommodation)—

(a)in each of subsections (1) and (3) there shall be inserted at the beginning the words “Subject to subsection (6) below,”; and

(b)after subsection (5) there shall be inserted the following subsection—

(6)Subsections (1) and (3) above shall have effect as regards further education only to the extent that the education authority is under a duty to do anything under the said sections 1 to 6.

(4)In section 65B (provision for recorded children who have ceased to be of school age) after subsection (6) there shall be inserted the following subsection—

(6A)Without prejudice to the generality of paragraph (c) of subsection (6) above, the reference in that paragraph to any other body shall include a reference to the board of management of a college of further education (within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992) making provision from which, in the opinion of the authority, the child might benefit.

(5)In section 66 (inspection of educational establishments) after the words “other educational establishment” there shall be inserted the words “(other than a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992)”.

(6)In section 68 (power to require submission to medical examination)—

(a)after the word “pupil” where it first occurs there shall be inserted the words “or other person enrolled at an educational establishment”; and

(b)after the word “pupil” where it fourth and fifth occurs there shall be inserted the words “or other person”.

(7)In subsection (1) of section 135 (interpretation) in the definition of “educational establishment”, in paragraph (ii) after the word “includes” there shall be inserted the words “a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,”.

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

8(1)Section 1 of the Education (Fees and Awards) Act 1983 (different fees for students not connected with the United Kingdom) shall be amended as follows.

(2)In subsection (3), after paragraph (ca) inserted by the Further and Higher Education Act 1992 there shall be inserted the following paragraph—

(cb)any designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; and.

(3)In paragraph (d) of that subsection—

(a)after the word “Scotland” there shall be inserted “(i)”; and

(b)at the end of the paragraph there shall be inserted ; or

(ii)which is a college of further education for which there is a board of management established under Part I of the Further and Higher Education (Scotland) Act 1992.

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

9In section 11(1) of the Mental Health (Scotland) Act 1984 (training and occupation of the mentally handicapped)—

(a)after the words “operation of” there shall be inserted “(a)”; and

(b)after the word “mind)” there shall be inserted the words or

(b)section 1 of the Further and Higher Education (Scotland) Act 1992 (which imposes a duty on the Secretary of State to secure the provision of adequate and efficient further education in Scotland),.

Education Reform Act 1988 (c. 40)

10In section 235 of the Education Reform Act 1988 (general interpretation) after subsection (5) there shall be inserted the following subsection—

(5A)Any reference in any provision of this Act which extends to Scotland to a higher education funding council shall, in the application of that provision to Scotland, be construed as a reference to the Scottish Higher Education Funding Council.

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

11In section 70 of the Self-Governing Schools etc. (Scotland) Act 1989 (power of Secretary of State to require regular appraisal of teachers) in subsection (1) for paragraph (d) there shall be substituted the following—

(d)the boards of management of colleges of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992,.

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

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

(2)In section 1 (loans for students), in subsection (3) for paragraph (b) there shall be substituted the following paragraph—

(b)educational establishments within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible, colleges of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by boards of management established under Part I of that Act and designated institutions within the meaning of Part II of that Act of 1992.

(3)In paragraph 2(2) of Schedule 2 (certificates to be issued by governing bodies) for the words from “a college of further education” there shall be substituted the following sub-paragraphs—

(a)an educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible, the education authority;

(b)a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under Part I of that Act, the board of management.

Environmental Protection Act 1990 (c. 43)

13In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (3)—

(a)for paragraph (c) there shall be substituted the following paragraph—

(c)any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;

(cc)any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by a board of management established under Part I of that Act;;

(b)for paragraph (d) there shall be substituted the following paragraph—

(d)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;; and

(c)in paragraph (f) for the words “1980 Act” there shall be substituted the words “Education (Scotland) Act 1980 (“the 1980 Act”)”.

Section 62.

SCHEDULE 10Repeals

ChapterShort titleExtent of repeal
1978 c. 44.The Employment Protection (Consolidation) Act 1978.In section 29, in paragraph (e) of subsection (1) the words “or college”.
1980 c. 44.The Education (Scotland) Act 1980.In section 3, in subsection (1) the words “and compulsory further education” and in subsection (6)(a) the word “voluntary”.In section 7, subsections (1), (2), (3), (7) and (8).Section 77.In section 135(1), the definition of “college of education” and in paragraph (ii) of the definition of “educational establishment” the words “a college of education”.
1988 c. 47.The School Boards (Scotland) Act 1988.In section 8, paragraph (b) of subsection (4).In section 22, in subsection (2) the definition of “college council”.
1989 c. 39.The Self-Governing Schools etc. (Scotland) Act 1989.Sections 54 to 66.In section 80, in subsection (1) the definition of “college of further education”.

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