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

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

(1) The 2005 Act is modified as follows.

(2) In section 20 (Council to have regard to particular matters)—

(a) in subsection (1), after “Scotland” in each place where it occurs insert “, including in different localities within Scotland”,

(b) after subsection (1) insert—

“(1A) In exercising its functions, the Council is to have regard to the economic, social and environmental priorities of the Scottish Ministers.”,

(c) after subsection (3) insert—

“(3A) In exercising its functions, the Council is to have regard to the desirability of protecting and promoting the interests of current and prospective learners.

(3B) In exercising its functions, the Council is to have regard to the desirability of promoting fair work principles.”,

(d) after subsection (4B) insert—

“(4C) In exercising its functions, the Council is to have regard to the desirability of facilitating, encouraging and supporting knowledge exchange and innovation from the research of the post-16 education bodies.”,

(e) in subsection (10)(a), after “Scotland” insert “, including in different localities within Scotland,”,

(f) after subsection (10) insert—

“(11) The Scottish Ministers may give directions to the Council setting out the definition of “fair work principles” for the purposes of subsection (3B) and section 15(4).

(12) Before giving a direction under subsection (11), the Scottish Ministers must consult—

(a) the Council,

(b) persons who appear to be representative of employees of any bodies or persons who receive payments from the Council for the purposes of securing the delivery of fundable further education, fundable higher education, Scottish apprenticeships or work-based learning.

(13) The Council must comply with a direction given to it under subsection (11).

(14) The Scottish Ministers may vary or revoke a direction given under subsection (11).”.