Part 1

Further and higher education etc.

Regional colleges: functions

Regional colleges: planning, consultation and collaboration
23B
1
A regional college must plan for—
a
how it proposes to provide fundable further education and fundable higher education; and
b
how it intends to exercise its other functions.
2
When making plans, a regional college must have regard to the importance of ensuring that funds made available to it under section 12 are used as economically, efficiently and effectively as possible.
3
A regional college must, where it considers it appropriate to do so in the exercise of its functions, consult—
a
the representatives of any trade union which it recognises or which otherwise appears to it to be representative of its staff;
b
its students' association;
c
the local authority for the area in which the regional college is situated;
d
the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college;
e
any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned;
f
any person who appears to it to be representative of employers in the locality of the regional college;
g
any person who appears to it to be representative of the interests of any sector for which the regional college provides specialist education or training;
h
The Open University;
i
The Skills Development Scotland
Co.
Limited;
j
the Scottish Qualifications Authority; and
k
Scottish Enterprise
, South of Scotland Enterprise
or Highlands and Islands Enterprise (as appropriate).
4
Any particular requirement for consultation imposed on a regional college by virtue of this or any other enactment is without prejudice to subsection (3).
5
A regional college must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the regional college of the following persons—
a
the representatives of any trade union which the regional college recognises or which otherwise appears to it to be representative of its staff;
b
the regional college's students' association;
c
the local authority for the area in which the regional college is situated;
d
the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college;
e
any other regional college or regional strategic body whom it considers it appropriate to collaborate with;
f
The Open University;
g
The Skills Development Scotland
Co.
Limited;
h
the Scottish Qualifications Authority; and
i
Scottish Enterprise
, South of Scotland Enterprise
or Highlands and Islands Enterprise (as appropriate).
6
The Scottish Ministers may by order modify subsection (3) or (5) by—
a
adding or removing persons, or types of persons, to which those provisions apply; or
b
varying the description of any such person or type of person.
7
But such an order may not modify paragraph (a) or (b) of subsection (3).
Ss. 23A-23D and cross-heading inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 5(2), 23(2); S.S.I. 2014/21, art. 2, Sch. 1
Words in s. 23B(3)(k) inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 5(3)(a); S.S.I. 2019/308, reg. 2
Words in s. 23B(5)(i) inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 5(3)(b); S.S.I. 2019/308, reg. 2