Post-16 Education (Scotland) Act 2013

Regional strategic bodies

8 Regional strategic bodies

(1) After section 7A of the 2005 Act, inserted by section 5(1), insert—

“7B Regional strategic bodies

(1) In this Act—

(a) any reference to a regional strategic body is a reference to a body specified in schedule 2A;

(b) any reference to a regional board is a reference to a body specified in Part 1 of that schedule.

(2) The Scottish Ministers may by order—

(a) modify Part 1 of schedule 2A so as to establish, abolish or re-name a regional board;

(b) modify Part 2 of schedule 2A by adding, removing or varying any entry relating to a fundable post-16 education body.

(3) Before making an order under subsection (2), the Scottish Ministers must consult—

(a) the Council;

(b) the local authority for any area in which post-16 education bodies provide, or are to provide, fundable further education or fundable higher education which is funded, or is to be funded, by the regional strategic body to which the order relates;

(c) where it relates to a regional strategic body which already exists, the regional strategic body and its colleges; and

(d) any other person appearing to the Scottish Ministers as likely to be affected by the order.”.

(2) After schedule 2 to the 2005 Act insert—

“SCHEDULE 2A Regional strategic bodies

(introduced by section 7B(1))

PART 1 Regional boards

• Regional Board for Glasgow Colleges

• Regional Board for Lanarkshire Colleges

PART 2 Other regional strategic bodies

• University of the Highlands and Islands”.

(3) After section 7B of the 2005 Act, inserted by subsection (1), insert—

“7C Assignation of colleges

(1) The Scottish Ministers may by order assign colleges of further education to a regional strategic body.

(2) An order may assign a college which is not, immediately before the order is made, either—

(a) a fundable post-16 education body; or

(b) assigned to another regional strategic body,

only if the Council has proposed, or has approved, the assignation.

(3) For the purposes of considering whether or not to propose or approve any assignation under subsection (2), the Council must have regard to the desirability of ensuring that the college concerned is a body for which there are suitable provisions, procedures and arrangements of the type described by or under section 7(2).

(4) Without prejudice to section 34(2), the power to make an order under subsection (1) includes power to—

(a) remove from schedule 2 any entry relating to a college to which the order relates;

(b) make such further provision in relation to such a college as the Scottish Ministers consider appropriate.

(5) But an order under subsection (1) may remove an entry relating to a college from schedule 2 only if the Council has proposed, or has approved, the removal.

(6) Before making an order under this section, the Scottish Ministers must consult—

(a) the regional strategic body (except where not already established);

(b) every college to which the order relates (except any not already established);

(c) the representatives of any trade union which is recognised by any college to which the order relates or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college;

(d) the students’ associations of the colleges to which the order relates;

(e) the Council;

(f) any local authority for an area in which any of the colleges to which the order relates is situated; and

(g) any other person appearing to the Scottish Ministers as likely to be affected by the order.

(7) The Council may, whenever it considers appropriate, review whether a college which is assigned by order under subsection (1) is a body for which there are suitable provisions, procedures and arrangements of the type described by or under section 7(2).

(8) On completing a review, the Council must provide a report of the review to the Scottish Ministers which—

(a) sets out the conclusions which it has reached;

(b) explains why it has reached those conclusions; and

(c) makes any recommendations for action in consequence of those conclusions as it considers appropriate.

(9) References in this Act to a regional strategic body’s colleges are references to the governing bodies of the colleges assigned to it by an order under this section.”.

9 Funding of and by regional strategic bodies

(1) In section 12 of the 2005 Act—

(a) in subsection (1)—

(i) in paragraph (a), after “fundable” insert “post-16 education”,

(ii) in paragraph (b)(i), after “fundable” insert “post-16 education”,

(iii) after paragraph (b) insert—

“(c) to a regional strategic body.”,

(b) in subsection (2), omit “subsection (5) of”,

(c) in subsection (5)(b), for “fundable bodies” substitute “post-16 education bodies, or regional strategic bodies,”.

(2) After section 12 of the 2005 Act insert—

“12A Regional strategic bodies: administration of funds

(1) A regional strategic body is, for the purposes of—

(a) providing support (whether financial or otherwise) for the activities specified in subsection (3); and

(b) exercising its other functions,

responsible for administering the funds mentioned in subsection (2).

(2) The funds are—

(a) all funds made available to it under section 12(1)(c); and

(b) any other funds made available to it for those purposes.

(3) The activities are—

(a) the provision of fundable further education and fundable higher education by the regional strategic body’s colleges;

(b) the undertaking of research among those colleges;

(c) the—

(i) provision of such facilities; and

(ii) carrying on of such other activities,

by those colleges or any other person as are necessary or desirable for the purposes of or in connection with an activity specified in paragraph (a) or (b);

(d) the provision of services by those colleges or any other person for the purposes of or in connection with an activity specified in paragraph (a) or (b).

12B Funding of assigned colleges

(1) A regional strategic body may make grants, loans or other payments—

(a) to any of its colleges in respect of expenditure incurred or to be incurred by the college for the purposes of any of the activities specified in subsection (3)(a) and (b) of section 12A;

(b) to—

(i) any of its colleges; or

(ii) any other person,

in respect of expenditure incurred or to be incurred by the college or person for the purposes of any of the activities specified in subsection (3)(c) and (d) of that section.

(2) A payment made under subsection (1) may (in addition to any condition which is imposed in pursuance of conditions imposed on the regional strategic body under section 9) be subject to such terms and conditions as the regional strategic body considers it appropriate to impose.

(3) Terms and conditions imposed under subsection (2) may, in particular, relate to—

(a) the repayment (in whole or in part) of a payment in such circumstances as the regional strategic body may specify;

(b) the interest payable in respect of any period during which a sum due to the regional strategic body is outstanding.

(4) A condition imposed on any of the regional strategic body’s colleges in pursuance of section 9(5A) is to make provision that is to apply if the college fails to comply with the requirement referred to in section 9(6).

(5) A condition imposed on any of the regional strategic body’s colleges in pursuance of section 9(5A) does not apply in relation to any fees which are payable, in accordance with regulations under section 1 (fees at universities and further education establishments) of the Education (Fees and Awards) Act 1983, by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section.

(6) Terms and conditions imposed under subsection (2) may not relate to the application by the college of any sums which were not derived from the Council.

(7) Before imposing terms and conditions under subsection (2), a regional strategic body must—

(a) except where it considers that it is not expedient to do so, consult the college to which the payment is to be made; and

(b) if it considers it appropriate to do so, consult such persons as appear to it to represent the interests of its colleges or any class of them.

(8) In making payments under subsection (1), the regional strategic body is to have regard to the desirability of—

(a) encouraging its colleges to maintain or develop funding from other sources;

(b) preserving any distinctive characteristics of particular colleges.”.

10 Regional strategic bodies: functions

After section 23D of the 2005 Act, inserted by section 5(2), insert—

“Regional strategic bodies: functions

23E Regional strategic bodies: general duty

(1) It is the duty of a regional strategic body to exercise its functions with a view to securing the coherent provision of a high quality of fundable further education and fundable higher education in the localities of its colleges.

(2) In doing so, the regional strategic body must have regard to any fundable further education and fundable higher education provided by other post-16 education bodies in the localities of its colleges.

23F Regional strategic bodies: planning

(1) A regional strategic body must plan for—

(a) how it proposes its colleges should provide fundable further education and fundable higher education; and

(b) how it intends to exercise its functions,

and the body’s colleges must, where appropriate, have regard to those plans when exercising their functions.

(2) When making plans, a regional strategic body must have regard to the importance of ensuring that funds made available to it under section 12(1)(c) are used as economically, efficiently and effectively as possible.

23G Performance monitoring

(1) A regional strategic body must monitor the performance of its colleges.

(2) This may, in particular, include—

(a) monitoring or assessing the quality of fundable further education and fundable higher education provided by its colleges;

(b) monitoring the impact which providing that education has on the well-being of—

(i) the students and former students of its colleges;

(ii) the localities in which its colleges are situated; or

(iii) Scotland;

(c) monitoring its colleges’ financial and other affairs.

(3) A regional strategic body must, when considering whether to take any action under subsection (1), have regard to the desirability of preventing any unnecessary duplication of any action taken, or likely to be taken, by the Scottish Ministers or the Council in relation to the performance of its colleges.

23H Promotion of Council’s credit and qualification framework

A regional strategic body is to promote the use by its colleges of such credit and qualification framework as the Council may adopt in pursuance of section 14.

23I Efficiency studies: assigned colleges

(1) A regional strategic body may secure the promotion or carrying out of studies designed to improve economy, efficiency and effectiveness in the management or operations of any of its colleges.

(2) A college must—

(a) provide any person promoting or carrying out studies by virtue of subsection (1) with such information; and

(b) make available to the person for inspection such accounts and other documents,

as the person may reasonably require for the purposes of the studies.

23J Right to address college meetings

Where a regional strategic body is concerned about any matters relating to the financial support which any of its colleges receives (or might receive) from the body, a member of the body is entitled to—

(a) attend any meeting of the college; and

(b) address the meeting on those matters.

23K Regional strategic bodies: improvement of economic and social well-being

(1) A regional strategic body is to exercise its functions with a view to improving the economic and social well-being of the localities of its colleges.

(2) In doing so, the regional strategic body is to have regard to—

(a) social and economic regeneration needs in those localities; and

(b) social cohesion and social inclusion issues in those localities.

(3) For the purposes of subsection (2)(a), “needs” means needs which appear to the regional strategic body—

(a) to exist for the time being or be likely to exist in the future; and

(b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education.

(4) For the purposes of subsection (2)(b), “issues” means issues which appear to the regional strategic body—

(a) to exist for the time being or be likely to exist in the future; and

(b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education.

23L Regional strategic body to have regard to particular matters

(1) In exercising its functions, a regional strategic body is to have regard to—

(a) skills needs in the localities of its colleges;

(b) issues affecting the economy of the localities of its colleges;

(c) social and cultural issues in the localities of its colleges; and

(d) the needs and issues in relation to Scotland identified by the Council for the purposes of section 20(1).

(2) In exercising its functions, a regional strategic body is to—

(a) have regard to the desirability of the achieving of sustainable development; and

(b) in particular, encourage its colleges to contribute (so far as reasonably practicable for them to do so) to the achievement of sustainable development.

(3) In exercising its functions, a regional strategic body is to have regard to the—

(a) United Kingdom context; and

(b) international context,

in which any of its colleges may carry on its activities.

(4) In exercising its functions, a regional strategic body is to have regard to the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of any of its colleges.

(5) In exercising its functions, a regional strategic body is to—

(a) have regard to the desirability of enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to any socio-economic group which the regional strategic body reasonably considers to be under-represented in such education; and

(b) in particular, promote collaboration and sharing of good practice between its colleges in relation to enabling, encouraging and improving such participation.

(6) For the purposes of subsection (1)(a), “skills needs” means any requirement or desirability for skills or knowledge which appears to the regional strategic body—

(a) to exist for the time being or be likely to exist in the future; and

(b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education.

(7) For the purposes of subsection (1)(b) and (c), “issues” means issues which appear to the regional strategic body—

(a) to exist for the time being or be likely to exist in the future; and

(b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education.

(8) For the purposes of subsection (5), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low.

(9) A regional strategic body may take into account any social or economic characteristics which it considers appropriate when determining which groups are to constitute “socio-economic groups” for the purposes of subsection (5).

(10) A regional strategic body is to have regard to the under-represented socio-economic groups identified by the Council for the purposes of section 20(4A) when determining—

(a) which groups are to constitute “socio-economic groups” for the purposes of subsection (5); and

(b) whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.

23M Regional strategic bodies: consultation and collaboration

(1) A regional strategic body must, where it considers it appropriate to do so in the exercise of its functions, consult—

(a) its colleges;

(b) the representatives of—

(i) any trade union recognised by any of its colleges; and

(ii) any other trade union which appears to it to be representative of staff of any of its colleges;

(c) the students’ association of any of its colleges;

(d) the local authorities for the areas in which its colleges are situated;

(e) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges;

(f) any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned;

(g) any person who appears to it to be representative of employers in the same locality as any of its colleges;

(h) any person who appears to it to be representative of the interests of any sector for which any of its colleges provides specialist education or training;

(i) The Open University;

(j) The Skills Development Scotland Co. Limited;

(k) the Scottish Qualifications Authority; and

(l) Scottish Enterprise or Highlands and Islands Enterprise (as appropriate).

(2) Any particular requirement for consultation imposed on a regional strategic body by virtue of this or any other enactment is without prejudice to subsection (1).

(3) A regional strategic body must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the body of any or all of the following persons—

(a) its colleges;

(b) the representatives of any trade union recognised by any of its colleges or which otherwise appears to it to be representative of the staff of any of its colleges;

(c) the students’ associations of its colleges;

(d) the local authorities for the areas in which its colleges are situated;

(e) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges;

(f) any other regional college or regional strategic body whom it considers it appropriate to collaborate with;

(g) The Open University;

(h) The Skills Development Scotland Co. Limited;

(i) the Scottish Qualifications Authority; and

(j) Scottish Enterprise or Highlands and Islands Enterprise (as appropriate).

(4) The Scottish Ministers may by order modify subsection (1) or (3)—

(a) by 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.

(5) But such an order may not modify paragraph (a), (b) or (c) of subsection (1) or paragraph (a) of subsection (3).

(6) A regional strategic body must, in relation to the provision of fundable further education and fundable higher education—

(a) promote collaboration between its colleges; and

(b) promote such other collaboration between its colleges and other post-16 education bodies as it considers appropriate.

23N Assigned colleges: information and directions

(1) A regional strategic body’s colleges must provide the regional strategic body with such information as it may reasonably require for the purposes of or in connection with the exercise of any of its functions.

(2) A regional strategic body may give such directions to its colleges, or to any of them, as it considers appropriate.

(3) Directions given under this section may be of a general or specific character.

(4) Before giving directions under this section, a regional strategic body must consult—

(a) any college to which the proposed directions relate;

(b) the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and

(c) the students’ association of every such college.

(5) A college must comply with directions given to it under this section.

(6) Directions given under this section may be varied or revoked.

(7) Nothing in this section allows a regional strategic body—

(a) to direct a college to transfer any staff, property, rights, liabilities or obligations; or

(b) to give directions to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act.

23O Transfer of staff and property etc.

(1) A regional strategic body may require any of its colleges to transfer such of its staff, property, rights, liabilities or obligations as may be specified in the requirement—

(a) to another of its colleges; or

(b) to the regional strategic body.

(2) Such a requirement may be made—

(a) for the purpose of transferring responsibility for providing any particular programmes of learning or courses of education from one of the regional strategic body’s colleges to another of its colleges;

(b) for the purpose of transferring responsibility for providing any particular service; or

(c) for any other purpose relating to the functions of the regional strategic body or any of its colleges.

(3) Before making a requirement under subsection (1), the regional strategic body must consult—

(a) any college to which the proposed transfer relates;

(b) the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and

(c) the students’ association of every such college.

(4) Consultation under subsection (3)(a) is to be undertaken with a view to seeking the agreement of the college to the proposed transfer.

(5) A requirement under subsection (1) may make such further provision in relation to the transfer as the regional strategic body considers appropriate.

(6) Any transfer of staff effected by virtue of subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(7) All property and rights transferred by virtue of subsection (1) are to be applied for the purpose of the advancement of education.

(8) Subject to subsection (9), a requirement made under subsection (1) is binding on any college to which it relates.

(9) A requirement made under subsection (1) is binding on a college falling within subsection (10) only if the college consents to the making of the requirement.

(10) A college falls within this subsection if—

(a) its governing body is not a board of management established in pursuance of Part 1 of the 1992 Act;

(b) it is the college from which staff, property, rights, liabilities or obligations are to be transferred in pursuance of the requirement and the transfer is to be made to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act; or

(c) the regional strategic body to which it is assigned is a body included in Part 2 of schedule 2A.

(11) The Scottish Ministers may by order modify subsection (10) to provide that a college, or type of college, specified in the order is or is not to fall within that subsection (other than by virtue of paragraph (a) or (b) of that subsection).

(12) Such an order may not modify paragraph (a) or (b) of subsection (10).

(13) Before making an order under subsection (11), the Scottish Ministers must consult—

(a) any regional strategic body to which the order relates;

(b) the representatives of any trade union which is recognised by such a regional strategic body or which otherwise appears to the Scottish Ministers to be representative of the staff of such a body;

(c) any college of further education which is assigned to such a regional strategic body by order made under section 7C(1);

(d) the students’ association of each such college;

(e) the representatives of any trade union which is recognised by each such college or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college;

(f) the Council;

(g) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally;

(h) any body which appears to the Scottish Ministers to be representative of colleges of further education;

(i) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and

(j) any other person whom the Scottish Ministers consider likely to be affected by the order.

(14) Where any of a regional strategic body’s staff are transferred to any of its colleges by virtue of any other arrangements made between the regional strategic body and that college, the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).”.