Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026

Prospective

Part 2 S Functions of the Scottish Further and Higher Education Funding Council

General duties of the Council and the Scottish Ministers S

2 General duty of the Council to secure high-quality learning S

(1) The Further and Higher Education (Scotland) Act 2005 is modified as follows.

(2) In section 3 (the Council: general duty), for the words from “securing” to the end substitute “securing—

(a) the coherent provision (as a whole) of—

(i) a high quality of fundable further education and fundable higher education by the post-16 education bodies, and

(ii) a high quality of Scottish apprenticeships and work-based learning, and

(b) the undertaking of research among the post-16 education bodies.”.

Commencement Information

I1 S. 2 not in force at Royal Assent, see s. 39(2)

3 General duty of the Scottish Ministers to support delivery S

(1) The 2005 Act is modified as follows.

(2) In section 4 (the Scottish Ministers: general duty), for subsections (1) and (2) substitute—

“(1) It is the duty of the Scottish Ministers to provide support for—

(a) the provision of—

(i) fundable further education and fundable higher education by the post-16 education bodies, and

(ii) Scottish apprenticeships and work-based learning, and

(b) the undertaking of research among the post-16 education bodies.

(2) The Scottish Ministers are to do so—

(a) by—

(i) making grants to the Council under sections 9, 10, 12C or 12I, and

(ii) such other means as they consider appropriate, and

(b) to such extent as they may determine.

(3) When exercising their duty under subsection (1), the Scottish Ministers must have regard to the need for provision to address current and future economic needs.”.

Commencement Information

I2 S. 3 not in force at Royal Assent, see s. 39(2)

Review of credit-based funding model S

4 Review of credit-based funding model S

(1) The Scottish Ministers must, within 12 months of this section coming into force, undertake a review of the credit-based funding model used by the Council for making payments to—

(a) colleges of further education,

(b) any other providers of fundable further education.

(2) The review undertaken under subsection (1) must consider the provision of fundable further education, including—

(a) the availability of courses provided across Scotland,

(b) the ability of providers of fundable further education to deliver courses.

(3) After completing the review, the Scottish Ministers must publish and lay a report on the review before the Scottish Parliament.

(4) The report must set out the action, if any, the Scottish Ministers intend to take as a result of the review.

(5) In this section, the following terms have the meaning given by section 35(1) of the 2005 Act—

• “colleges of further education”,

• “fundable further education”.

Commencement Information

I3 S. 4 not in force at Royal Assent, see s. 39(2)

Conditions of funding S

5 Duty to place conditions on funding: transparency S

(1) The 2005 Act is modified as follows.

(2) In section 9A (higher education institutions: good governance)—

(a) the existing text becomes subsection (1),

(b) after subsection (1) insert—

“(2) For the purposes of subsection (1), principles of governance which constitute good practice in relation to higher education institutions includes, in particular, having regard to the need to operate in a way which is transparent and accountable.”.

(3) In section 9B (further education institutions: good governance), after subsection (2) insert—

“(3) For the purposes of this section, principles of governance which constitute good practice in relation to colleges of further education, or which are appropriate in relation to a regional strategic body, as the case may be, includes, in particular, having regard to the need to operate in a way which is transparent and accountable.”.

Commencement Information

I4 S. 5 not in force at Royal Assent, see s. 39(2)

6 Duty to place conditions on funding: conflict of interest S

(1) The 2005 Act is modified as follows.

(2) After section 9E insert—

“9F Conflict of interest: disclosure

(1) The Scottish Ministers must, under section 9(2), impose a condition that the Council must, when making a payment to a fundable post-16 education body under section 12(1), require that the fundable post-16 education body has in place a conflict of interest policy that—

(a) requires each member of its governing body and each senior officer to declare any registerable interest,

(b) requires that a member of its governing body or senior officer withdraws from any meeting or decision-making process where they have a conflict of interest,

(c) ensures that the fundable post-16 education body has a register of interests that is—

(i) publicly accessible online,

(ii) updated within 28 days of any change, and

(iii) reviewed on an annual basis.

(2) For the purposes of subsection (1), a registerable interest includes—

(a) financial interests,

(b) shareholdings,

(c) remunerated consultancies,

(d) intellectual property interests, and

(e) close family relationships with contractors or commercial partners.

(3) The Scottish Ministers may by regulations amend the list of registerable interests in subsection (2).”.

Commencement Information

I5 S. 6 not in force at Royal Assent, see s. 39(2)

7 Duty to place conditions on funding: whistleblowing S

(1) The 2005 Act is modified as follows.

(2) After section 9F (as inserted by section 6(2)) insert—

“9G Whistleblowing

(1) The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a fundable post-16 education body under section 12(1), require that the fundable post-16 education body has in place a whistleblowing procedure that—

(a) is clearly communicated to all staff, students and members of the governing body of the fundable post-16 education body,

(b) provides for the confidential reporting of concerns relating to issues including—

(i) financial mismanagement,

(ii) failure of governance,

(iii) bullying or retaliation,

(iv) risks to learner provision, and

(c) provides protection against detriment (as a result of raising concerns) to individuals who raise concerns in good faith.

(2) A fundable post-16 education body must notify the Council when it has received information through its whistleblowing procedure that suggests a material risk to continuity of learner provision or financial sustainability.

(3) A notification under subsection (2) may be made on a confidential basis.

(4) On receipt of a notification under subsection (2), the Council must—

(a) consider whether any action or support is required as a result of the notification,

(b) record any actions taken or support provided.”.

(3) In schedule 1, paragraph 18, after sub-paragraph (1) insert—

“(1A) A report under sub-paragraph (1) must include an anonymised summary of the notifications received during the financial year under section 9G(2), including—

(a) the number of notifications received,

(b) the nature of the concerns raised,

(c) any themes arising across the notifications.”.

Commencement Information

I6 S. 7 not in force at Royal Assent, see s. 39(2)

8 Duty to place conditions on funding: engagement with trade unions, students and external partners S

(1) The 2005 Act is modified as follows.

(2) After section 9G (as inserted by section 7(2)) insert—

“9H Engagement with trade unions, students and external partners

(1) The Scottish Ministers must, under section 9(2), impose a condition that the Council must, when making a payment to a fundable post-16 education body under section 12(1), require that—

(a) the fundable post-16 education body takes reasonable steps to inform and consult the persons mentioned in subsection (2) before implementing any decision that could significantly impact its—

(i) provision for learners,

(ii) levels of staffing, or

(iii) financial sustainability,

(b) the fundable post-16 education body must, where requested by the Council, submit a report to the Council in relation to a decision on—

(i) the persons consulted,

(ii) the issues raised by the persons consulted,

(iii) whether and, if so, how the issues raised by the persons consulted were addressed,

(iv) if the issues raised were not addressed, the reasons for not doing so.

(2) The persons include—

(a) recognised trade unions representing employees of the body,

(b) organisations representing students of the body,

(c) any external partners which may be impacted by the decision.”.

Commencement Information

I7 S. 8 not in force at Royal Assent, see s. 39(2)

9 Duty to place conditions on funding: prevention of gender-based violence S

(1) The 2005 Act is modified as follows.

(2) After section 9H (as inserted by section 8(2)) insert—

“9I Prevention of gender-based violence

(1) The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a fundable post-16 education body under section 12(1), require the body to—

(a) take action—

(i) to prevent gender-based violence against its students and staff, and

(ii) to provide support for its students and staff who are experiencing or have experienced gender-based violence, and

(b) prepare and publish, as soon as reasonably practicable after the end of each academic year, a report setting out—

(i) the action it has taken under paragraph (a) over the previous year, and

(ii) the action it intends to take under paragraph (a) over the next year.

(2) Where the Council imposes requirements on fundable post-16 education bodies by virtue of this section, it must publish those requirements.

(3) The Council must issue guidance to fundable post-16 education bodies on compliance with requirements imposed by virtue of this section, including on what constitutes gender-based violence for the purposes of this section.

(4) Before issuing guidance under subsection (3), the Council must consult—

(a) the Scottish Ministers,

(b) fundable post-16 education bodies,

(c) persons the Council considers to be representative of organisations campaigning for the prevention of gender-based violence, and

(d) such other persons the Council considers appropriate.”.

Commencement Information

I8 S. 9 not in force at Royal Assent, see s. 39(2)

Funding for national training programmes S

10 Funding for national training programmes S

(1) The 2005 Act is modified as follows.

(2) In section 11 (administration of funds), in subsection (2)(b), after “purposes” insert “, except any funds made available to it under section 12C”.

(3) After section 12B insert—

“Funding for national training programmes S

12C Grants to the Council for national training programmes

(1) The Scottish Ministers may make grants to the Council for the purpose of securing the delivery of programmes of training for employment.

(2) A grant made under subsection (1) is subject to such terms and conditions as the Scottish Ministers consider it appropriate to impose.

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

(a) that a specified programme is to be secured,

(b) that a programme to achieve a specified outcome is to be secured,

(c) that a programme directed at specified persons or specified descriptions of persons is to be secured,

(d) that, when making a payment to any person under section 12D, the Council is to impose a specified condition.

(4) The Scottish Ministers must—

(a) publish terms and conditions imposed under subsection (2), together with the reasons for considering them appropriate to impose, or

(b) if they consider it would not be appropriate to publish terms and conditions imposed under subsection (2), publish a statement of their reasons for considering it would not be appropriate to do so.

(5) In subsection (3), “specified” means specified in the terms and conditions.

12D Administration of funds by the Council for national training programmes

(1) The Council is responsible for administering all grants made to it under section 12C for the purpose of securing the delivery of programmes of training for employment.

(2) The Council may make grants, loans or other payments to any person for the purpose of the delivery of programmes of training for employment.

(3) A payment made under subsection (2)—

(a) may be subject to such terms and conditions as the Council considers it appropriate to impose, which may, in particular, relate to—

(i) the repayment (in whole or in part) of a payment in such circumstances as the Council may specify,

(ii) the interest payable in respect of any period during which a sum due to the Council is outstanding, but

(b) must be subject to any terms and conditions imposed by the Scottish Ministers by virtue of section 12C.”.

Commencement Information

I9 S. 10 not in force at Royal Assent, see s. 39(2)

Scottish apprenticeships S

11 Scottish apprenticeships S

(1) The 2005 Act is modified as follows.

(2) After section 12D (as inserted by section 10(3)) insert—

“Scottish apprenticeships S

12E Definition of Scottish apprenticeship

(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.

12F Scottish apprenticeship frameworks

(1) The Council may prepare and publish Scottish apprenticeship frameworks.

(2) A framework is to set out the relevant requirements for a Scottish apprenticeship in respect of different occupations or activities, including—

(a) the required standards or qualifications to be achieved by apprentices during an apprenticeship, and

(b) the required types or amount of training.

(3) In preparing a framework, the Council must have regard to the views of—

(a) such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the framework,

(b) 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 Council to be representative of the interests of apprentices likely to be affected by the framework,

(c) such employers and prospective employers of apprentices as the Council considers likely to be affected by the framework, and

(d) such other persons as the Council considers likely to be affected.

(4) The Council may amend or revoke a Scottish apprenticeship framework.

(5) Where it amends or revokes a framework, the Council must publish a statement of its reasons for doing so.

(6) Before amending or revoking a framework, the Council must have regard to the views of—

(a) such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the amendment or revocation of the framework,

(b) 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 Council to be representative of the interests of apprentices likely to be affected by the amendment or revocation of the framework,

(c) such employers and prospective employers of apprentices as the Council considers likely to be affected by the amendment or revocation of the framework, and

(d) such other persons as the Council considers likely to be affected.

(7) The Scottish Ministers may by regulations make further provision about—

(a) the requirements for Scottish apprenticeships which are to be specified in a framework, and

(b) the process to be followed by the Council in preparing, publishing, amending and revoking frameworks.

12G Requests for apprenticeship frameworks

(1) A person may request the Council to prepare or amend a Scottish apprenticeship framework for a particular occupation or activity.

(2) The Council must consider any request made to it under subsection (1).

(3) The Council may charge a reasonable fee to cover the cost, in whole or in part, of preparing or amending a framework as requested.

(4) Subsections (2) to (6) of section 12F apply to a framework requested to be prepared or amended under this section.

(5) The Scottish Ministers may by regulations make provision about—

(a) the process to be followed by the Council in responding to requests to prepare or amend a framework,

(b) the amount of the fee that the Council may charge for preparing or amending a framework,

(c) the circumstances in which the fee is to be waived by the Council.

12H Scottish apprenticeship certificates

(1) An individual who is or has been an apprentice, or another person on behalf of such an individual, may apply to the Council for a Scottish apprenticeship certificate.

(2) The Council may issue a Scottish apprenticeship certificate where it is satisfied that the individual in respect of whom an application has made has completed a Scottish apprenticeship.

(3) The Council may charge a reasonable fee for issuing a Scottish apprenticeship certificate.

(4) The Scottish Ministers may by regulations make provision about—

(a) the process for requesting and issuing apprenticeship certificates, and

(b) the amount of the fee that the Council may charge for issuing a certificate.”.

(3) In section 35 (interpretation), in subsection (1), after the definition of “regional strategic body” insert—

• ““Scottish apprenticeship” has the meaning given by section 12E,”.

Commencement Information

I10 S. 11 not in force at Royal Assent, see s. 39(2)

Funding for Scottish apprenticeships and work-based learning S

12 Funding for Scottish apprenticeships and work-based learning S

(1) The 2005 Act is modified as follows.

(2) In section 11 (administration of funds), in subsection (2)(b), after “12C” (as inserted by section 10(2)) insert “or 12I”.

(3) After section 12H (as inserted by section 11(2)) insert—

“Funding for Scottish apprenticeships and work-based learning S

12I Grants to the Council for Scottish apprenticeships and work-based learning

(1) The Scottish Ministers may make grants to the Council for the purpose of securing the delivery of Scottish apprenticeships and work-based learning.

(2) In this Part, “work-based learning” means education and training received by an individual—

(a) in a working environment, or in an educational environment in which work-based activities are undertaken by the individual, and

(b) on the basis of a work-based learning agreement.

(3) In subsection (2), a “work-based learning agreement” means an agreement which sets out the educational and vocational standards to be met by an individual and provides for the individual to receive education and training in order to meet those standards.

(4) A grant made under subsection (1) is subject to such terms and conditions as the Scottish Ministers consider it appropriate to impose.

(5) The Scottish Ministers may by regulations make further provision about—

(a) what activities constitute work-based learning, and

(b) the requirements of work-based learning.

12J Administration of funds by the Council for Scottish apprenticeships and work-based learning

(1) The Council is responsible for administering all grants made to it under section 12I for the purpose of securing the delivery of Scottish apprenticeships and work-based learning.

(2) The Council may make grants, loans or other payments to a training provider for the purpose of the delivery of Scottish apprenticeships or work-based learning.

(3) In subsection (2), a “training provider” means a person who—

(a) provides either work-based learning or the training of an apprentice required under a Scottish apprenticeship framework, and

(b) meets criteria set out in regulations made by the Scottish Ministers.

(4) A payment made under subsection (2) may be subject to such terms and conditions as the Council considers it appropriate to impose.

(5) The Council must impose conditions on a payment made under subsection (2) that—

(a) any person who is contracted by a training provider to deliver the learning or training must also be a training provider within the meaning of subsection (3), and

(b) no training provider (whether the person receiving the payment or another person contracted to deliver the learning or training) is entitled to retain more than such percentage of the payment as the Council considers reasonable as a fee for managing the delivery of the learning or training.”.

(4) In section 35 (interpretation), in subsection (1), after the definition of “Scottish apprenticeship” (as inserted by section 11(3)) insert—

• ““work-based learning” has the meaning given by section 12I(2).”.

Commencement Information

I11 S. 12 not in force at Royal Assent, see s. 39(2)

Transitional measures S

13 Statement on financial implications S

Within the period of 1 year beginning with the day on which this section comes into force, the Scottish Ministers must lay before the Scottish Parliament a statement on the financial implications of the Council assuming the functions conferred on it by sections 10 to 12 of this Act.

Commencement Information

I12 S. 13 not in force at Royal Assent, see s. 39(2)

Information sharing S

14 Information sharing S

(1) The 2005 Act is modified as follows.

(2) After section 12J (as inserted by section 12(3)) insert—

“12K Information sharing on national training programmes, apprenticeships and work-based learning

Any person to whom the Council makes grants, loans or other payments under section 12D or 12J must provide the Council with such information as the Council may request for the purposes of or in connection with the programme of training for employment, Scottish apprenticeship or work-based learning (as the case may be) for which the payments are made.”.

(3) In section 17 (advisory functions), in subsection (1), before paragraph (a) insert—

“(za) provision and funding of programmes of training for employment, apprenticeships and work-based learning,”.

Commencement Information

I13 S. 14 not in force at Royal Assent, see s. 39(2)

15 Requirement to promote proactive publication S

(1) The 2005 Act is modified as follows.

(2) After section 12K (as inserted by section 14(2)) insert—

“12L Proactive publication

(1) The Council and any fundable post-16 education body that receives a payment from the Council under section 12(1), 12D(2) or 12J(2) must take steps to adopt a proactive approach to the publication of data which is appropriate for disclosure in the public domain.

(2) But in relation to a fundable post-16 education body, the duty in subsection (1) only applies in respect of data which relates to the activities for which the body receives payment under section 12(1), 12D(2) or 12J(2) (as the case may be).

(3) In this section, a “proactive approach” includes the routine identification and publication of appropriate information without the need for specific requests.”.

Commencement Information

I14 S. 15 not in force at Royal Assent, see s. 39(2)

Notifications to the Council by post-16 education bodies S

16 Notifications to the Council by post-16 education bodies S

(1) The 2005 Act is modified as follows.

(2) After section 14A insert—

“14B Notifications to the Council by post-16 education bodies

(1) The Scottish Ministers may by regulations—

(a) require post-16 education bodies to notify the Council of matters specified in the regulations,

(b) specify the form and manner in which notifications are to be made to the Council, including the periods within which the Council is to be notified.

(2) Before laying a draft of regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the Council,

(b) the post-16 education bodies, and

(c) such other persons as the Scottish Ministers consider appropriate.”.

Commencement Information

I15 S. 16 not in force at Royal Assent, see s. 39(2)

Recommendations to fundable bodies S

17 Recommendations to fundable bodies S

(1) The 2005 Act is modified as follows.

(2) In section 15 (efficiency studies), after subsection (2) insert—

“(3) A study under subsection (1) may include consideration of the extent to which the needs and interests of students are being met.

(4) A study under subsection (1) may include consideration of the extent to which the needs and interests of staff are being met, including in relation to fair work principles.

(5) The Council may issue recommendations to a fundable body following a study carried out under subsection (1).

(6) The Council may publish any recommendations issued under subsection (5) as it considers appropriate.

(7) Before publishing any recommendations issued under subsection (5), the Council must consult the fundable body to which the recommendations have been issued.”.

Commencement Information

I16 S. 17 not in force at Royal Assent, see s. 39(2)

Monitoring of financial sustainability of post-16 education bodies S

18 Financial sustainability of post-16 education bodies S

(1) The 2005 Act is modified as follows.

(2) After section 15 insert—

“15A Monitoring of financial sustainability of post-16 education bodies

(1) The Council must secure the monitoring of the financial sustainability of post-16 education bodies.

(2) The Council may, where it considers it necessary to do so, secure the carrying out of an independent examination into the financial sustainability or financial governance of a post-16 education body.

(3) The governing body of a post-16 education body must—

(a) provide a person carrying out an examination by virtue of subsection (2) 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 examination.

(4) The Scottish Ministers may request the Council to provide them with information and advice in relation to the financial sustainability of post-16 education bodies.

(5) The Council—

(a) must provide such information and advice when requested by the Scottish Ministers, and

(b) otherwise may provide such information and advice whenever it considers it appropriate to do so.”.

Commencement Information

I17 S. 18 not in force at Royal Assent, see s. 39(2)

Guidance by the Council to fundable bodies S

19 Guidance to fundable bodies S

(1) The 2005 Act is modified as follows.

(2) After section 17 insert—

“17A Guidance to fundable bodies and others

(1) The Council may issue guidance to—

(a) fundable bodies, and

(b) any other persons to whom it makes payments under section 12, 12D or 12J.

(2) Guidance under subsection (1) may, in particular, relate to—

(a) the needs and interests of current and prospective learners,

(b) the financial sustainability of post-16 education bodies insofar as it affects their provision of fundable further education and fundable higher education,

(c) the form and manner in which information required to be provided to the Council under or by virtue of this Act is to be provided,

(d) the identification of skills needs and skills planning in particular localities.

(3) Guidance relating to the matters mentioned in subsection (2)(c) must be consistent with any regulations made by the Scottish Ministers under section 14B(1).

(4) A person must have regard to any guidance issued under subsection (1) about activities in respect of which the person is in receipt of payments from the Council.

(5) Before issuing guidance under subsection (1), the Council must consult—

(a) the Scottish Ministers,

(b) the persons mentioned in subsection (1), and

(c) such other persons as the Council considers appropriate.

(6) The Council may publish any guidance issued under subsection (1) as it considers appropriate.”.

Commencement Information

I18 S. 19 not in force at Royal Assent, see s. 39(2)

Reporting by the Council S

20 Reporting by the Council S

(1) The 2005 Act is modified as follows.

(2) After section 19A insert—

“19B Reporting by the Council

(1) At least once in each financial year, the Council must prepare and publish a report on—

(a) the financial sustainability of the further and higher education sector, and

(b) the performance of any persons involved in providing—

(i) programmes of training for employment,

(ii) Scottish apprenticeships, and

(iii) work-based learning.

(2) A report under subsection (1) may—

(a) report on the matters mentioned in paragraphs (a) and (b) of that subsection either in a single report or separately,

(b) be part of another document.

(3) The Scottish Ministers may direct the Council to—

(a) include in a report under subsection (1) particular aspects of the matters mentioned in paragraphs (a) and (b) of that subsection,

(b) prepare and publish a report on any matter relating to its functions as the Scottish Ministers may determine.

(4) A direction under subsection (3)(b) may require the Council to publish the report within a particular period or at particular intervals.

(5) The Council must comply with a direction given to it under this section.

(6) The Scottish Ministers may vary or revoke a direction given under this section.”.

Commencement Information

I19 S. 20 not in force at Royal Assent, see s. 39(2)

Exercise of functions by the Council S

21 Duty to have regard to particular matters in exercise of functions S

(1) The 2005 Act is modified as follows.

(2) In section 20 (Council to have regard to particular matters)—

(a) in subsection (1), after “Scotland” in each place where it occurs insert “, including in different localities within Scotland”,

(b) after subsection (1) insert—

“(1A) In exercising its functions, the Council is to have regard to the economic, social and environmental priorities of the Scottish Ministers.”,

(c) after subsection (3) insert—

“(3A) In exercising its functions, the Council is to have regard to the desirability of protecting and promoting the interests of current and prospective learners.

(3B) In exercising its functions, the Council is to have regard to the desirability of promoting fair work principles.”,

(d) after subsection (4B) insert—

“(4C) In exercising its functions, the Council is to have regard to the desirability of facilitating, encouraging and supporting knowledge exchange and innovation from the research of the post-16 education bodies.”,

(e) in subsection (10)(a), after “Scotland” insert “, including in different localities within Scotland,”,

(f) after subsection (10) insert—

“(11) The Scottish Ministers may give directions to the Council setting out the definition of “fair work principles” for the purposes of subsection (3B) and section 15(4).

(12) Before giving a direction under subsection (11), the Scottish Ministers must consult—

(a) the Council,

(b) persons who appear to be representative of employees of any bodies or persons who receive payments from the Council for the purposes of securing the delivery of fundable further education, fundable higher education, Scottish apprenticeships or work-based learning.

(13) The Council must comply with a direction given to it under subsection (11).

(14) The Scottish Ministers may vary or revoke a direction given under subsection (11).”.

Commencement Information

I20 S. 21 not in force at Royal Assent, see s. 39(2)

22 Consideration of skills needs and socio-economic issues S

(1) The 2005 Act is modified as follows.

(2) In section 20 (Council to have regard to particular matters)—

(a) in subsection (5)(b), for “or fundable higher education” substitute “, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning”,

(b) in subsection (6)(b), for “or fundable higher education” substitute “, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning”.

Commencement Information

I21 S. 22 not in force at Royal Assent, see s. 39(2)

23 Consultation and collaboration with employers of apprentices and training providers S

(1) The 2005 Act is modified as follows.

(2) In section 22 (consultation and collaboration)—

(a) in subsection (1)(a), for “subsection (5)” substitute “subsections (5) and (5A)”,

(b) after subsection (5) insert—

“(5A) The persons are—

(a) persons who appear to the Council to be representative of apprentices,

(b) employers of apprentices or persons who appear to the Council to be representative of such employers,

(c) training providers (within the meaning given by section 12J(3)) or persons who appear to the Council to be representative of training providers.”,

(c) in subsection (7), for “subsection (5)” substitute “subsections (5) and (5A)”.

Commencement Information

I22 S. 23 not in force at Royal Assent, see s. 39(2)

Widening access to fundable further and higher education S

24 Widening access to fundable further and higher education: sharing of information S

(1) The 2005 Act is modified as follows.

(2) After section 25A insert—

“25B Widening access to fundable further and higher education: sharing of information

(1) The Scottish Ministers may by regulations make provision requiring the sharing of specified information about individuals between information holders and other relevant bodies in order to achieve the outcome set out in subsection (2) for the purpose set out in subsection (3).

(2) The outcome is that the specified information is available to a fundable post-16 education body to whom the Council makes payments under section 12.

(3) The purpose is enabling, encouraging or increasing participation in fundable further education or fundable higher education by persons belonging to any socio-economic group which the Scottish Ministers reasonably consider to be under-represented in such education.

(4) Regulations under subsection (1) may in particular—

(a) require information holders to provide the specified information to a relevant body,

(b) require a relevant body to provide the specified information to another relevant body,

(c) make provision about the circumstances in which an information holder or a relevant body is not required to provide the specified information.

(5) Where the specified information is that a school lunch is or has been provided for a pupil free of charge by virtue of section 53 of the 1980 Act, regulations under subsection (1) may disapply section 53B of that Act in relation to the sharing of that information.

(6) For the purposes of subsection (3) 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.

(7) The Scottish Ministers 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 this section.

(8) Regulations under subsection (1) may modify any enactment (including this Act).

(9) Before laying before the Scottish Parliament a draft of a statutory instrument containing regulations under subsection (1), the Scottish Ministers must consult—

(a) the Council,

(b) post-16 education bodies appearing to the Scottish Ministers as likely to be affected by the regulations,

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

(10) In this section—

• “information holder” means a person or a category of person specified as such in the regulations,

• “relevant body” means a person or a category of person specified as such in the regulations, which may in particular include a post-16 education body which provides fundable further education or fundable higher education,

• “specified information” means information or a category of information specified in the regulations.”.

Commencement Information

I23 S. 24 not in force at Royal Assent, see s. 39(2)

Amendment of lists of fundable bodies S

25 Amendment of lists of fundable bodies in schedule 2 of 2005 Act S

(1) The 2005 Act is modified as follows.

(2) For schedule 2 substitute—

“Schedule 2 S Fundable bodies

(introduced by section 6)

• Abertay University

• Ayrshire College

• Borders College

• City of Glasgow College

• Dumfries and Galloway College

• Dundee and Angus College

• Edinburgh College

• Edinburgh Napier University

• Fife College

• Forth Valley College of Further and Higher Education

• Glasgow Caledonian University

• Glasgow Clyde College

• Glasgow Kelvin College

• Glasgow School of Art

• Heriot-Watt University

• Inverness College

• Moray College

• New College Lanarkshire

• Newbattle Abbey College

• North East Scotland College

• The Open University (so far as carrying on activities in or as regards Scotland)

• Orkney College

• Perth College

• Queen Margaret University, Edinburgh

• Robert Gordon University

• Royal Conservatoire of Scotland

• Sabhal Mòr Ostaig

• South Lanarkshire College

• SRUC

• University of Aberdeen

• University of Dundee

• University of Edinburgh

• University of Glasgow

• University of the Highlands and Islands

• UHI North, West and Hebrides

• University of St Andrews

• University of Stirling

• University of Strathclyde

• University of the West of Scotland

• West College Scotland

• West Lothian College”.

Commencement Information

I24 S. 25 not in force at Royal Assent, see s. 39(2)