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

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

(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.”.