(1)Section 20 of the 2005 Act is amended as follows.
(2)After subsection (4) insert—
“(4A)In exercising its functions, the Council 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 Council reasonably considers to be under-represented in such education; and
(b)in particular, promote collaboration and sharing of good practice between the persons mentioned in subsection (4B) in relation to enabling, encouraging and improving such participation.
(4B)Those persons are—
(a)post-16 education bodies;
(b)regional strategic bodies; and
(c)post-16 education bodies and regional strategic bodies.”.
(3)After subsection (6) insert—
“(7)For the purposes of subsection (4A), 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.
(8)The Council may take into account any social or economic characteristics which they consider appropriate when determining which groups are to constitute “socio-economic groups” for the purposes of subsection (4A).
(9)The Council must consult the Scottish Ministers before determining—
(a)which groups are to constitute “socio-economic groups” for the purposes of subsection (4A); and
(b)whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.”.