http://www.legislation.gov.uk/asp/2026/5/section/9/enactedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026enKing's Printer for Scotland2026-03-11 Part 2 9 1 The 2005 Act is modified as follows. 2 After section 9H (as inserted by section 8(2)) insert— 9I 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. .