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Further and Higher Education (Scotland) Act 2005
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Further and Higher Education (Scotland) Act 2005, Section 12E is up to date with all changes known to be in force on or before 04 October 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 12E:
- s. 9A(1) s. 9A renumbered as s. 9A(1) by 2026 asp 5 s. 5(2)(a)
- s. 9A(2) inserted by 2026 asp 5 s. 5(2)(b)
- s. 9B(3) inserted by 2026 asp 5 s. 5(3)
- s. 9F inserted by 2026 asp 5 s. 6(2)
- s. 9G inserted by 2026 asp 5 s. 7(2)
- s. 9H inserted by 2026 asp 5 s. 8(2)
- s. 9I inserted by 2026 asp 5 s. 9(2)
- s. 12L inserted by 2026 asp 5 s. 15(2)
- s. 17A inserted by 2026 asp 5 s. 19(2)
- s. 25B inserted by 2026 asp 5 s. 24(2)
- sch. 1 para. 3(1)(aa)-(ae) inserted by 2026 asp 5 s. 29(2)(a)
- sch. 1 para. 3(1A) inserted by 2026 asp 5 s. 29(2)(c)
- sch. 1 para. 18(1A) inserted by 2026 asp 5 s. 7(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9A(1) s. 9A renumbered as s. 9A(1) by 2026 asp 5 s. 5(2)(a)
- s. 9A(2) inserted by 2026 asp 5 s. 5(2)(b)
- s. 9B(3) inserted by 2026 asp 5 s. 5(3)
- s. 9F inserted by 2026 asp 5 s. 6(2)
- s. 9G inserted by 2026 asp 5 s. 7(2)
- s. 9H inserted by 2026 asp 5 s. 8(2)
- s. 9I inserted by 2026 asp 5 s. 9(2)
- s. 12L inserted by 2026 asp 5 s. 15(2)
- s. 17A inserted by 2026 asp 5 s. 19(2)
- s. 25B inserted by 2026 asp 5 s. 24(2)
- sch. 1 para. 3(1)(aa)-(ae) inserted by 2026 asp 5 s. 29(2)(a)
- sch. 1 para. 3(1A) inserted by 2026 asp 5 s. 29(2)(c)
- sch. 1 para. 18(1A) inserted by 2026 asp 5 s. 7(3)
[F112EDefinition of Scottish apprenticeshipS
This section has no associated Explanatory Notes
(1)For the purposes of this Part, a Scottish apprenticeship means an arrangement where—
(a)an apprentice works for a person (“the employer”) for reward in an occupation or activity included in a Scottish apprenticeship framework,
(b)the apprentice receives training to meet the relevant requirements specified in a Scottish apprenticeship framework,
(c)there is an apprenticeship agreement in place between the apprentice and the employer and any training provider involved in the delivery of the apprenticeship, and
(d)any other criteria set out in regulations made by the Scottish Ministers are satisfied.
(2)The Scottish Ministers may by regulations modify the definition of a Scottish apprenticeship in subsection (1).
(3)Before laying a draft of regulations under subsection (2) before the Scottish Parliament, the Scottish Ministers must consult—
(a)the Council,
(b)apprentices and persons who appear to the Scottish Ministers to represent the interests of apprentices,
(c)representatives of any trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appears to the Scottish Ministers to be representative of the interests of apprentices,
(d)employers and prospective employers of apprentices,
(e)the post-16 education bodies,
(f)training providers (within the meaning given by section 12J(3)), and
(g)such other persons as the Scottish Ministers consider appropriate.
(4)In subsection (1), an “apprenticeship agreement” means an agreement which provides for an apprentice to receive training in order to assist the apprentice to meet the relevant requirements specified in an apprenticeship framework.]
Textual Amendments
F1Ss. 12E-12H and cross-heading inserted (1.10.2026 for the insertion of ss. 12E, 12F; otherwise prosp.) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 11(2), 39(2); S.S.I. 2026/261, reg. 2(1)(3), sch. Pt. 1
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