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

Prospective

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

I1 S. 12 not in force at Royal Assent, see s. 39(2)