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

Prospective

Part 3 S Governance of the Council

Membership of the Council S

26 Appointment of members of the Council S

(1) The 2005 Act is modified as follows.

(2) In paragraph 2 of schedule 1 (membership of the Council)—

(a) sub-paragraph (3) is repealed,

(b) in sub-paragraph (6), for “is, on ceasing to be a member,” substitute “who is, or has been, a member is”,

(c) after sub-paragraph (6) insert—

“(7) In this schedule, references to a member’s appointment include that member’s reappointment.”.

Commencement Information

I1 S. 26 not in force at Royal Assent, see s. 39(2)

27 Membership of the Council: interests of employers S

(1) The 2005 Act is modified as follows.

(2) In schedule 1, in paragraph 2(1)(c), after “Ministers” insert “, which must include at least two members who appear to the Scottish Ministers to represent the interests of employers”.

Commencement Information

I2 S. 27 not in force at Royal Assent, see s. 39(2)

28 Membership of the Council: number of members S

(1) The 2005 Act is modified as follows.

(2) In schedule 1, in paragraph 2(1)(c), for “14” substitute “16”.

Commencement Information

I3 S. 28 not in force at Royal Assent, see s. 39(2)

29 Skills and experience of members of the Council S

(1) The 2005 Act is modified as follows.

(2) In paragraph 3 of schedule 1 (considerations when appointing members)—

(a) in sub-paragraph (1), after sub-sub-paragraph (a) insert—

“(aa) persons who—

(i) have experience of, and have shown capacity in, the provision of Scottish apprenticeships or work-based learning, or

(ii) have held, and have shown capacity in, any position carrying the responsibility for the provision of Scottish apprenticeships or work-based learning,

(ab) persons who have experience, and have shown capacity, relating to research or the application of research,

(ac) persons who appear to be representative of learners undertaking fundable further education, fundable higher education, Scottish apprenticeships or work-based learning,

(ad) persons who appear to be representative of employees of the Council,

(ae) 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,”,

(b) in sub-paragraph (1), in sub-sub-paragraph (b), for “or the practice of any profession” substitute “, the practice of any profession or workforce planning”,

(c) after sub-paragraph (1) insert—

“(1A) In appointing members, the Scottish Ministers are also to have regard to the desirability of including persons who have skills, knowledge or experience of business and an interest in apprenticeships as would be appropriate to chair meetings of the apprenticeship committee.”,

(d) sub-paragraphs (2) and (3) are repealed.

Commencement Information

I4 S. 29 not in force at Royal Assent, see s. 39(2)

Co-opted members of the Council S

30 Co-opted members of the Council S

(1) The 2005 Act is modified as follows.

(2) After paragraph 2 of schedule 1 insert—

“2A (1) The Council may, with the approval of the Scottish Ministers, appoint persons as co-opted members of the Council.

(2) No more than two persons may be appointed as co-opted members at any time.

(3) A co-opted member is to be appointed by the Council on such terms and conditions (including as to remuneration and allowances) as the Council may, with the approval of the Scottish Ministers, determine.

(4) A co-opted member is to be appointed for a period not exceeding 1 year.

(5) A person who is, or has been, a co-opted member is eligible for reappointment.

(6) A co-opted member—

(a) may take part in proceedings of the Council to the extent the Council determines, but

(b) may not vote.

(7) Paragraph 4 applies to the appointment of, and the holding of office by, a co-opted member as it applies to a member of the Council.

(8) Otherwise, references in this schedule to a member of the Council do not apply to a co-opted member.”.

Commencement Information

I5 S. 30 not in force at Royal Assent, see s. 39(2)

Apprenticeship committee S

31 Apprenticeship committee S

(1) The 2005 Act is modified as follows.

(2) After paragraph 12 of schedule 1 insert—

“12A (1) The Council must establish a committee (an “apprenticeship committee”) for the purposes of advising the Council on matters concerning apprenticeships and work-based learning.

(2) In exercising its functions, the committee may consult local authorities and have regard to their views.

(3) The Council is to appoint one of its members to chair meetings of the apprenticeship committee.

(4) In appointing members of the apprenticeship committee, the Council is to have regard to the desirability of including persons who—

(a) are apprentices or appear to the Council to be representative of apprentices,

(b) appear to the Council to be representative of businesses, including small and rural businesses, with an interest in apprenticeships,

(c) are employers of apprentices or appear to the Council to be representative of such employers,

(d) appear to the Council to be representative of the post-16 education bodies,

(e) are training providers (within the meaning given by section 12J(3)) or appear to the Council to be representative of training providers,

(f) are representative of trade unions (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appear to the Council to be representative of the interests of apprentices.

(5) In appointing members of the apprenticeship committee, the Council is to—

(a) consult—

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

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

(iii) such other persons as the Council considers appropriate,

(b) have regard to any guidance issued to it under sub-paragraph (6)(a).

(6) The Scottish Ministers must issue to the Council guidance about—

(a) the composition of the apprenticeship committee,

(b) the appointment of the chair of the committee, and

(c) the committee’s functions.”.

(3) In paragraph 14(1)(a) of schedule 1, for “and 12(2) and (3)” substitute “, 12(2) and (3) and 12A(3) and (5)”.

Commencement Information

I6 S. 31 not in force at Royal Assent, see s. 39(2)