Explanatory Notes

Further and Higher Education (Scotland) Act 2005

2005 asp 6

1 June 2005

The Act – Section by Section

Part 2 - General

Section 32 Amendment of enactments

50.This section refers to schedule 3, which sets out the consequential amendments which will be required as a result of this Act.

Section 33 Ancillary provision

51.This gives Ministers powers to make incidental, consequential, transitional etc. provisions, by order.

Section 34 Orders and regulations

52.This section sets out the power to make orders or regulations under the Act, and how these orders and regulations can be made.

Section 35 Interpretation

53.This section provides definitions of certain expressions used in the Act.

Section 36 Short title and commencement

54.This section gives the short title of the Act and provides for its commencement.

Schedule 1 — The Scottish Further and Higher Education Funding Council

55.This schedule sets outs further details of the status, membership and procedures of the Council. For example, it defines the membership of the Council, the provisions for appointing the chief executive and other staff, provision for committees and accounts, provision for the transfer of staff and properties of the existing Councils. There are requirements to have a statutory research committee and requirements on the Council to lay reports before the Parliament.

Schedule 2 — Fundable Bodies

56.This contains the list of all current colleges and higher education institutions eligible for funding by the Scottish Further Education Funding Council and the Scottish Higher Education Funding Council, which will become fundable bodies. This list of bodies may be amended in accordance with the provisions in section 7.

Schedule 3 — Amendment of enactments

57.This schedule makes consequential amendments which will be required to other legislation as a result of this Act.