Further and Higher Education (Scotland) Act 2005

• (e) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges;

• (f) any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned;

• (g) any person who appears to it to be representative of employers in the same locality as any of its colleges;

• (h) any person who appears to it to be representative of the interests of any sector for which any of its colleges provides specialist education or training;

• (i) The Open University;

• (j) The Skills Development Scotland Co. Limited;

• (k) the Scottish Qualifications Authority; and

• (l) Scottish Enterprise , South of Scotland Enterprise or Highlands and Islands Enterprise (as appropriate).

• (2) Any particular requirement for consultation imposed on a regional strategic body by virtue of this or any other enactment is without prejudice to subsection (1).

• (3) A regional strategic body must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the body of any or all of the following persons—

• (a) its colleges;

• (b) the representatives of any trade union recognised by any of its colleges or which otherwise appears to it to be representative of the staff of any of its colleges;

• (c) the students' associations of its colleges;

• (d) the local authorities for the areas in which its colleges are situated;

• (e) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges;

• (f) any other regional college or regional strategic body whom it considers it appropriate to collaborate with;

• (g) The Open University;

• (h) The Skills Development Scotland Co. Limited;

• (i) the Scottish Qualifications Authority; and

• (j) Scottish Enterprise , South of Scotland Enterprise or Highlands and Islands Enterprise (as appropriate).

• (4) The Scottish Ministers may by order modify subsection (1) or (3)—

• (a) by adding or removing persons, or types of persons, to which those provisions apply; or

• (b) varying the description of any such person or type of person.

• (5) But such an order may not modify paragraph (a), (b) or (c) of subsection (1) or paragraph (a) of subsection (3).

• (6) A regional strategic body must, in relation to the provision of fundable further education and fundable higher education—

• (a) promote collaboration between its colleges; and

• (b) promote such other collaboration between its colleges and other post-16 education bodies as it considers appropriate.

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• (1) A regional strategic body's colleges must provide the regional strategic body with such information as it may reasonably require for the purposes of or in connection with the exercise of any of its functions.

• (2) A regional strategic body may give such directions to its colleges, or to any of them, as it considers appropriate.

• (3) Directions given under this section may be of a general or specific character.

• (4) Before giving directions under this section, a regional strategic body must consult—

• (a) any college to which the proposed directions relate;

• (b) the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and

• (c) the students' association of every such college.

• (5) A college must comply with directions given to it under this section.

• (6) Directions given under this section may be varied or revoked.

• (7) Nothing in this section allows a regional strategic body—

• (a) to give directions in relation to the transfer of any staff, property, rights, liabilities or obligations; or

• (b) to give directions to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act.

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• (1) A regional strategic body may require any of its colleges to transfer such of its staff, property, rights, liabilities or obligations as may be specified in the requirement—

• (a) to another of its colleges; or

• (b) to the regional strategic body.

• (2) Such a requirement may be made—

• (a) for the purpose of transferring responsibility for providing any particular programmes of learning or courses of education from one of the regional strategic body's colleges to another of its colleges;

• (b) for the purpose of transferring responsibility for providing any particular service; or

• (c) for any other purpose relating to the functions of the regional strategic body or any of its colleges.

• (3) Before making a requirement under subsection (1), the regional strategic body must consult—

• (a) any college to which the proposed transfer relates;

• (b) the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and

• (c) the students' association of every such college.

• (4) Consultation under subsection (3)(a) is to be undertaken with a view to seeking the agreement of the college to the proposed transfer.

• (5) A requirement under subsection (1) may make such further provision in relation to the transfer as the regional strategic body considers appropriate.

• (6) Any transfer of staff effected by virtue of subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

• (7) All property and rights transferred by virtue of subsection (1) are to be applied for the purpose of the advancement of education.

• (8) Subject to subsection (9), a requirement made under subsection (1) is binding on any college to which it relates.

• (9) A requirement made under subsection (1) is binding on a college falling within subsection (10) only if the college consents to the making of the requirement.

• (10) A college falls within this subsection if—

• (a) its governing body is not a board of management established in pursuance of Part 1 of the 1992 Act;

• (b) it is the college from which staff, property, rights, liabilities or obligations are to be transferred in pursuance of the requirement and the transfer is to be made to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act; or

• (c) the regional strategic body to which it is assigned is a body included in Part 2 of schedule 2A.

• (11) The Scottish Ministers may by order modify subsection (10) to provide that a college, or type of college, specified in the order is or is not to fall within that subsection (other than by virtue of paragraph (a) or (b) of that subsection).

• (12) Such an order may not modify paragraph (a) or (b) of subsection (10).

• (13) Before making an order under subsection (11), the Scottish Ministers must consult—

• (a) any regional strategic body to which the order relates;

• (b) the representatives of any trade union which is recognised by such a regional strategic body or which otherwise appears to the Scottish Ministers to be representative of the staff of such a body;

• (c) any college of further education which is assigned to such a regional strategic body by order made under section 7C(1);

• (d) the students' association of each such college;

• (e) the representatives of any trade union which is recognised by each such college or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college;

• (f) the Council;

• (g) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally;

• (h) any body which appears to the Scottish Ministers to be representative of colleges of further education;

• (i) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and

• (j) any other person whom the Scottish Ministers consider likely to be affected by the order.

• (14) Where any of a regional strategic body's staff are transferred to any of its colleges by virtue of any other arrangements made between the regional strategic body and that college, the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Regional boards: constitution

Remit of the Scottish Public Services Ombudsman

Inspection of accounts

Change of name by certain bodies

Amendment of enactments

Short title and commencement

SRUC

Short title and commencement

SRUC