Prospective

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

Conditions of funding S

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

I1 S. 7 not in force at Royal Assent, see s. 39(2)