Contents
- Part 2 Functions of the Scottish Further and Higher Education Funding Council
- Exercise of functions by the Council
- Funding for national training programmes
- Funding for Scottish apprenticeships and work-based learning
- General duties of the Council and the Scottish Ministers
- Information sharing
- Monitoring of financial sustainability of post-16 education bodies
- Notifications to the Council by post-16 education bodies
- Recommendations to fundable bodies
- Reporting by the Council
- Scottish apprenticeships
- Part 3 Governance of the Council
- Part 6 Final provisions
Part 2 · Functions of the Scottish Further and Higher Education Funding Council
Exercise of functions by the Council
21Duty 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).”
22Consideration of skills needs and socio-economic issues#
(1)The 2005 Act is modified as follows.
(2)In section 20 (Council to have regard to particular matters)—
(a)in subsection (5)(b), for “or fundable higher education” substitute “, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning”,
(b)in subsection (6)(b), for “or fundable higher education” substitute “, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning”.
23Consultation and collaboration with employers of apprentices and training providers#
(1)The 2005 Act is modified as follows.
(2)In section 22 (consultation and collaboration)—
(a)in subsection (1)(a), for “subsection (5)” substitute “subsections (5) and (5A)”,
(b)after subsection (5) insert—“5A The persons are—a persons who appear to the Council to be representative of apprentices,b employers of apprentices or persons who appear to the Council to be representative of such employers,c training providers (within the meaning given by section 12J(3)) or persons who appear to the Council to be representative of training providers.”
(c)in subsection (7), for “subsection (5)” substitute “subsections (5) and (5A)”.
Funding for national training programmes
10Funding for national training programmes#
(1)The 2005 Act is modified as follows.
(2)In section 11 (administration of funds), in subsection (2)(b), after “purposes” insert “, except any funds made available to it under section 12C”.
(3)After section 12B insert—“12C 1 The Scottish Ministers may make grants to the Council for the purpose of securing the delivery of programmes of training for employment.2 A grant made under subsection (1) is subject to such terms and conditions as the Scottish Ministers consider it appropriate to impose.3 Terms and conditions imposed under subsection (2) may, in particular, require—a that a specified programme is to be secured,b that a programme to achieve a specified outcome is to be secured,c that a programme directed at specified persons or specified descriptions of persons is to be secured,d that, when making a payment to any person under section 12D, the Council is to impose a specified condition.4 The Scottish Ministers must—a publish terms and conditions imposed under subsection (2), together with the reasons for considering them appropriate to impose, orb if they consider it would not be appropriate to publish terms and conditions imposed under subsection (2), publish a statement of their reasons for considering it would not be appropriate to do so.5 In subsection (3), “specified” means specified in the terms and conditions.12D 1 The Council is responsible for administering all grants made to it under section 12C for the purpose of securing the delivery of programmes of training for employment.2 The Council may make grants, loans or other payments to any person for the purpose of the delivery of programmes of training for employment.3 A payment made under subsection (2)—a may be subject to such terms and conditions as the Council considers it appropriate to impose, which may, in particular, relate to—i the repayment (in whole or in part) of a payment in such circumstances as the Council may specify,ii the interest payable in respect of any period during which a sum due to the Council is outstanding, butb must be subject to any terms and conditions imposed by the Scottish Ministers by virtue of section 12C.”
Funding for Scottish apprenticeships and work-based learning
12Funding for Scottish apprenticeships and work-based learning#
(1)The 2005 Act is modified as follows.
(2)In section 11 (administration of funds), in subsection (2)(b), after “12C” (as inserted by section 10(2)) insert “or 12I”.
(3)After section 12H (as inserted by section 11(2)) insert—“12I 1 The Scottish Ministers may make grants to the Council for the purpose of securing the delivery of Scottish apprenticeships and work-based learning.2 In this Part, “work-based learning” means education and training received by an individual—a in a working environment, or in an educational environment in which work-based activities are undertaken by the individual, andb on the basis of a work-based learning agreement.3 In subsection (2), a “work-based learning agreement” means an agreement which sets out the educational and vocational standards to be met by an individual and provides for the individual to receive education and training in order to meet those standards.4 A grant made under subsection (1) is subject to such terms and conditions as the Scottish Ministers consider it appropriate to impose.5 The Scottish Ministers may by regulations make further provision about—a what activities constitute work-based learning, andb the requirements of work-based learning.12J 1 The Council is responsible for administering all grants made to it under section 12I for the purpose of securing the delivery of Scottish apprenticeships and work-based learning.2 The Council may make grants, loans or other payments to a training provider for the purpose of the delivery of Scottish apprenticeships or work-based learning.3 In subsection (2), a “training provider” means a person who—a provides either work-based learning or the training of an apprentice required under a Scottish apprenticeship framework, andb meets criteria set out in regulations made by the Scottish Ministers.4 A payment made under subsection (2) may be subject to such terms and conditions as the Council considers it appropriate to impose.5 The Council must impose conditions on a payment made under subsection (2) that—a any person who is contracted by a training provider to deliver the learning or training must also be a training provider within the meaning of subsection (3), andb no training provider (whether the person receiving the payment or another person contracted to deliver the learning or training) is entitled to retain more than such percentage of the payment as the Council considers reasonable as a fee for managing the delivery of the learning or training.”
(4)In section 35 (interpretation), in subsection (1), after the definition of “Scottish apprenticeship” (as inserted by section 11(3)) insert—“• “work-based learning” has the meaning given by section 12I(2).”
General duties of the Council and the Scottish Ministers
2General duty of the Council to secure high-quality learning#
(1)The Further and Higher Education (Scotland) Act 2005 is modified as follows.
(2)In section 3 (the Council: general duty), for the words from “securing” to the end substitute “securing—a the coherent provision (as a whole) of—i a high quality of fundable further education and fundable higher education by the post-16 education bodies, andii a high quality of Scottish apprenticeships and work-based learning, andb the undertaking of research among the post-16 education bodies.”
3General duty of the Scottish Ministers to support delivery#
(1)The 2005 Act is modified as follows.
(2)In section 4 (the Scottish Ministers: general duty), for subsections (1) and (2) substitute—“1 It is the duty of the Scottish Ministers to provide support for—a the provision of—i fundable further education and fundable higher education by the post-16 education bodies, andii Scottish apprenticeships and work-based learning, andb the undertaking of research among the post-16 education bodies.2 The Scottish Ministers are to do so—a by—i making grants to the Council under sections 9, 10, 12C or 12I, andii such other means as they consider appropriate, andb to such extent as they may determine.3 When exercising their duty under subsection (1), the Scottish Ministers must have regard to the need for provision to address current and future economic needs.”
Information sharing
14Information sharing#
(1)The 2005 Act is modified as follows.
(2)After section 12J (as inserted by section 12(3)) insert—“12K Any person to whom the Council makes grants, loans or other payments under section 12D or 12J must provide the Council with such information as the Council may request for the purposes of or in connection with the programme of training for employment, Scottish apprenticeship or work-based learning (as the case may be) for which the payments are made.”
(3)In section 17 (advisory functions), in subsection (1), before paragraph (a) insert—“za provision and funding of programmes of training for employment, apprenticeships and work-based learning,”
Monitoring of financial sustainability of post-16 education bodies
18Financial sustainability of post-16 education bodies#
(1)The 2005 Act is modified as follows.
(2)After section 15 insert—“15A 1 The Council must secure the monitoring of the financial sustainability of post-16 education bodies.2 The Council may, where it considers it necessary to do so, secure the carrying out of an independent examination into the financial sustainability or financial governance of a post-16 education body.3 The governing body of a post-16 education body must—a provide a person carrying out an examination by virtue of subsection (2) with such information, andb make available to the person for inspection such accounts and other documents,as the person may reasonably require for the purposes of the examination.4 The Scottish Ministers may request the Council to provide them with information and advice in relation to the financial sustainability of post-16 education bodies.5 The Council—a must provide such information and advice when requested by the Scottish Ministers, andb otherwise may provide such information and advice whenever it considers it appropriate to do so.”
Notifications to the Council by post-16 education bodies
16Notifications to the Council by post-16 education bodies#
(1)The 2005 Act is modified as follows.
(2)After section 14A insert—“14B 1 The Scottish Ministers may by regulations—a require post-16 education bodies to notify the Council of matters specified in the regulations,b specify the form and manner in which notifications are to be made to the Council, including the periods within which the Council is to be notified.2 Before laying a draft of regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—a the Council,b the post-16 education bodies, andc such other persons as the Scottish Ministers consider appropriate.”
Recommendations to fundable bodies
17Recommendations to fundable bodies#
(1)The 2005 Act is modified as follows.
(2)In section 15 (efficiency studies), after subsection (2) insert—“3 A study under subsection (1) may include consideration of the extent to which the needs and interests of students are being met.4 A study under subsection (1) may include consideration of the extent to which the needs and interests of staff are being met, including in relation to fair work principles.5 The Council may issue recommendations to a fundable body following a study carried out under subsection (1).6 The Council may publish any recommendations issued under subsection (5) as it considers appropriate.7 Before publishing any recommendations issued under subsection (5), the Council must consult the fundable body to which the recommendations have been issued.”
Reporting by the Council
20Reporting by the Council#
(1)The 2005 Act is modified as follows.
(2)After section 19A insert—“19B 1 At least once in each financial year, the Council must prepare and publish a report on—a the financial sustainability of the further and higher education sector, andb the performance of any persons involved in providing—i programmes of training for employment,ii Scottish apprenticeships, andiii work-based learning.2 A report under subsection (1) may—a report on the matters mentioned in paragraphs (a) and (b) of that subsection either in a single report or separately,b be part of another document.3 The Scottish Ministers may direct the Council to—a include in a report under subsection (1) particular aspects of the matters mentioned in paragraphs (a) and (b) of that subsection,b prepare and publish a report on any matter relating to its functions as the Scottish Ministers may determine.4 A direction under subsection (3)(b) may require the Council to publish the report within a particular period or at particular intervals.5 The Council must comply with a direction given to it under this section.6 The Scottish Ministers may vary or revoke a direction given under this section.”
Scottish apprenticeships
11Scottish apprenticeships#
(1)The 2005 Act is modified as follows.
(2)After section 12D (as inserted by section 10(3)) insert—“12E 1 For the purposes of this Part, a Scottish apprenticeship means an arrangement where—a an apprentice works for a person (“the employer”) for reward in an occupation or activity included in a Scottish apprenticeship framework,b the apprentice receives training to meet the relevant requirements specified in a Scottish apprenticeship framework,c there is an apprenticeship agreement in place between the apprentice and the employer and any training provider involved in the delivery of the apprenticeship, andd any other criteria set out in regulations made by the Scottish Ministers are satisfied.2 The Scottish Ministers may by regulations modify the definition of a Scottish apprenticeship in subsection (1).3 Before laying a draft of regulations under subsection (2) before the Scottish Parliament, the Scottish Ministers must consult—a the Council,b apprentices and persons who appear to the Scottish Ministers to represent the interests of apprentices,c representatives of any trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appears to the Scottish Ministers to be representative of the interests of apprentices,d employers and prospective employers of apprentices,e the post-16 education bodies,f training providers (within the meaning given by section 12J(3)), andg such other persons as the Scottish Ministers consider appropriate.4 In subsection (1), an “apprenticeship agreement” means an agreement which provides for an apprentice to receive training in order to assist the apprentice to meet the relevant requirements specified in an apprenticeship framework.12F 1 The Council may prepare and publish Scottish apprenticeship frameworks.2 A framework is to set out the relevant requirements for a Scottish apprenticeship in respect of different occupations or activities, including—a the required standards or qualifications to be achieved by apprentices during an apprenticeship, andb the required types or amount of training.3 In preparing a framework, the Council must have regard to the views of—a such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the framework,b representatives of any trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appears to the Council to be representative of the interests of apprentices likely to be affected by the framework,c such employers and prospective employers of apprentices as the Council considers likely to be affected by the framework, andd such other persons as the Council considers likely to be affected.4 The Council may amend or revoke a Scottish apprenticeship framework.5 Where it amends or revokes a framework, the Council must publish a statement of its reasons for doing so.6 Before amending or revoking a framework, the Council must have regard to the views of—a such apprentices, prospective apprentices, and persons who appear to the Council to represent their interests, as the Council considers likely to be affected by the amendment or revocation of the framework,b representatives of any trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appears to the Council to be representative of the interests of apprentices likely to be affected by the amendment or revocation of the framework,c such employers and prospective employers of apprentices as the Council considers likely to be affected by the amendment or revocation of the framework, andd such other persons as the Council considers likely to be affected.7 The Scottish Ministers may by regulations make further provision about—a the requirements for Scottish apprenticeships which are to be specified in a framework, andb the process to be followed by the Council in preparing, publishing, amending and revoking frameworks.12G 1 A person may request the Council to prepare or amend a Scottish apprenticeship framework for a particular occupation or activity.2 The Council must consider any request made to it under subsection (1).3 The Council may charge a reasonable fee to cover the cost, in whole or in part, of preparing or amending a framework as requested.4 Subsections (2) to (6) of section 12F apply to a framework requested to be prepared or amended under this section.5 The Scottish Ministers may by regulations make provision about—a the process to be followed by the Council in responding to requests to prepare or amend a framework,b the amount of the fee that the Council may charge for preparing or amending a framework,c the circumstances in which the fee is to be waived by the Council.12H 1 An individual who is or has been an apprentice, or another person on behalf of such an individual, may apply to the Council for a Scottish apprenticeship certificate.2 The Council may issue a Scottish apprenticeship certificate where it is satisfied that the individual in respect of whom an application has made has completed a Scottish apprenticeship.3 The Council may charge a reasonable fee for issuing a Scottish apprenticeship certificate.4 The Scottish Ministers may by regulations make provision about—a the process for requesting and issuing apprenticeship certificates, andb the amount of the fee that the Council may charge for issuing a certificate.”
(3)In section 35 (interpretation), in subsection (1), after the definition of “regional strategic body” insert— “• “Scottish apprenticeship” has the meaning given by section 12E,”
Part 3 · Governance of the Council
Apprenticeship committee
31Apprenticeship committee#
(1)The 2005 Act is modified as follows.
(2)After paragraph 12 of schedule 1 insert—“12A 1 The Council must establish a committee (an “apprenticeship committee”) for the purposes of advising the Council on matters concerning apprenticeships and work-based learning.2 In exercising its functions, the committee may consult local authorities and have regard to their views.3 The Council is to appoint one of its members to chair meetings of the apprenticeship committee.4 In appointing members of the apprenticeship committee, the Council is to have regard to the desirability of including persons who—a are apprentices or appear to the Council to be representative of apprentices,b appear to the Council to be representative of businesses, including small and rural businesses, with an interest in apprenticeships,c are employers of apprentices or appear to the Council to be representative of such employers,d appear to the Council to be representative of the post-16 education bodies,e are training providers (within the meaning given by section 12J(3)) or appear to the Council to be representative of training providers,f are representative of trade unions (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992) which appear to the Council to be representative of the interests of apprentices.5 In appointing members of the apprenticeship committee, the Council is to—a consult—i persons who appear to the Council to be representative of apprentices,ii persons who appear to the Council to be representative of employers of apprentices,iii such other persons as the Council considers appropriate,b have regard to any guidance issued to it under sub-paragraph (6)(a).6 The Scottish Ministers must issue to the Council guidance about—a the composition of the apprenticeship committee,b the appointment of the chair of the committee, andc the committee’s functions.”
(3)In paragraph 14(1)(a) of schedule 1, for “and 12(2) and (3)” substitute “, 12(2) and (3) and 12A(3) and (5)”.
Co-opted members of the Council
30Co-opted members of the Council#
(1)The 2005 Act is modified as follows.
(2)After paragraph 2 of schedule 1 insert—“2A 1 The Council may, with the approval of the Scottish Ministers, appoint persons as co-opted members of the Council.2 No more than two persons may be appointed as co-opted members at any time.3 A co-opted member is to be appointed by the Council on such terms and conditions (including as to remuneration and allowances) as the Council may, with the approval of the Scottish Ministers, determine.4 A co-opted member is to be appointed for a period not exceeding 1 year.5 A person who is, or has been, a co-opted member is eligible for reappointment.6 A co-opted member—a may take part in proceedings of the Council to the extent the Council determines, butb may not vote.7 Paragraph 4 applies to the appointment of, and the holding of office by, a co-opted member as it applies to a member of the Council.8 Otherwise, references in this schedule to a member of the Council do not apply to a co-opted member.”
Membership of the Council
26Appointment of members of the Council#
(1)The 2005 Act is modified as follows.
(2)In paragraph 2 of schedule 1 (membership of the Council)—
(a)sub-paragraph (3) is repealed,
(b)in sub-paragraph (6), for “is, on ceasing to be a member,” substitute “who is, or has been, a member is”,
(c)after sub-paragraph (6) insert—“7 In this schedule, references to a member’s appointment include that member’s reappointment.”
28Membership of the Council: number of members#
(1)The 2005 Act is modified as follows.
(2)In schedule 1, in paragraph 2(1)(c), for “14” substitute “16”.
Part 6 · Final provisions
36Interpretation#
In this Act—• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005,• “the Council” means the Scottish Further and Higher Education Funding Council established under section 1 of the 2005 Act.
37Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.
(2)Regulations under this section may—
(a)make different provision for different purposes,
(b)modify any enactment (including this Act).
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise are subject to the negative procedure.
38Regulation-making powers#
(1)The 2005 Act is modified as follows.
(2)In section 34 (orders and regulations), in subsection (4)(a), after “7(2)(i)” insert “, 12E(2), 14B(1) or 25B(1)”.
39Commencement#
(1)This Part comes into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.
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