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

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

2026 asp 5

Commentary on Provisions

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

Section 21: Duty to have regard to particular matters in exercise of functions

81. Section 20 of the 2005 Act sets out certain matters that the Council must have regard to in exercising its statutory functions as a whole. Section 21 of this Act adds four new standalone requirements for the Council to consider here.

82. Firstly, new subsection (1A) requires the Council to have regard to the policy priorities of the Scottish Ministers in exercising its functions.

83. Secondly, new subsection (3A) requires the Council to have regard to the desirability of protecting and promoting the interests of current and prospective learners.

84. Thirdly, new subsection (3B) requires the Council to have regard to the desirability of protecting and promoting fair work principles of employment. The Scottish Ministers are given the power, under new subsection (11), to give directions to the Council on the definition of “fair work principles” for these purposes, and the Council is required to comply with such a direction.

85. Finally, new subsection (4C) requires the Council to have regard to the desirability of facilitating, encouraging and supporting knowledge exchange and innovation from the research of the post-16 education bodies.

86. Section 20 of the 2005 Act also already sets out that the Council must have regard to skills needs in Scotland in the exercise of its functions, issues affecting the economy of Scotland, and social and cultural issues in Scotland. Section 21 of this Act clarifies the meaning of “Scotland” for these purposes, providing that this is to include different parts of Scotland.