Post-16 Education (Scotland) Act 2013

Introductory

Interpretation

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In this Act—

• “the 1992 Act” means the Further and Higher Education (Scotland) Act 1992,

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005.

Terms and conditions of higher education funding

Higher education institutions: good governance

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After section 9 of the 2005 Act insert—

(9A) The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a higher education institution under section 12(1), require the institution to comply with any principles of governance which appear to the Council to constitute good practice in relation to higher education institutions.

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Widening access to higher education

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After section 9B of the 2005 Act, inserted by section 14, insert—

(9C) (1) The Scottish Ministers may, under section 9(2), impose terms and conditions for the purposes of enabling, encouraging or increasing participation in fundable higher education by persons belonging to any socio-economic group which they reasonably consider to be under-represented in such education. (2) The Scottish Ministers may, in particular, impose a condition that the Council, when making a payment to a higher education institution under section 12(1), must require the institution to comply with a widening access agreement which makes provision in relation to— (a) any socio-economic group which the Scottish Ministers reasonably consider to be under-represented in fundable higher education; and (b) other socio-economic groups, if any, which the Council and the institution agree are under-represented in fundable higher education. (3) A “widening access agreement” is an agreement between a higher education institution and the Council under which the institution is to take actions specified in the agreement for the purposes of enabling, encouraging or increasing participation in fundable higher education provided by the institution by persons belonging to socio-economic groups which are under-represented in fundable higher education (either generally or in such education provided by the institution). (4) Before entering into a widening access agreement in pursuance of this section, a higher education institution must consult— (a) the representatives of any trade union which the institution recognises or which otherwise appears to it to be representative of its staff; and (b) the institution's students' association. (5) For the purposes of this section, a socio-economic group is to be treated as under-represented in fundable higher education if participation in such education by persons in that group is disproportionately low. (6) The Scottish Ministers, the Council and higher education institutions may take into account any social or economic characteristics which they consider appropriate when determining which groups are to constitute “socio-economic groups” for the purposes of this section.

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Fee cap: students liable for higher education fees

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After section 9C of the 2005 Act, inserted by section 3, insert—

(9D) (1) The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment under section 12(1)— (a) where the payment is made to a fundable post-16 education body which provides fundable higher education, impose on that body a condition that it complies with the requirement set out in subsection (2); (b) where the payment is made to a regional strategic body, impose on that body a condition that it must, when making a payment under section 12B(1) to any of its colleges which provides fundable higher education, impose on the college a condition that it complies with the requirement set out in subsection (2). (2) The requirement is that the post-16 education body to whom the payment is made is to secure that the fees paid to it— (a) by persons in respect of whom it is authorised or required to charge higher fees by virtue of regulations made under section 1 of the Education (Fees and Awards) Act 1983 (or by such class of such persons as the Scottish Ministers may by order specify); (b) in connection with their attending in an academic year such courses of education as the Scottish Ministers may by order specify, do not exceed such amount as the Scottish Ministers may by order specify. (3) The Scottish Ministers, when making an order under this section, must seek to ensure— (a) that, subject to any exceptions which they consider appropriate, it applies only in relation to fees payable by persons who have a connection with the United Kingdom; and (b) that the amount of fees payable by a person attending any course of education provided by a post-16 education body in any particular academic year does not exceed the maximum amount of fees which that person would by virtue of any enactment be liable to pay if attending any higher education course provided elsewhere in the United Kingdom during that year. (4) The Scottish Ministers may not specify courses under subsection (2)(b) in such a way as to discriminate between different courses which are— (a) for the training of persons preparing to be teachers; and (b) open only to persons holding a degree, on the basis of the subject in which such training is given. (5) References in this section to the United Kingdom include references to the Channel Islands and the Isle of Man.

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College reorganisation

Regional colleges

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• (1) After section 7 of the 2005 Act insert—

(7A) (1) The Scottish Ministers may by order designate as a regional college any college of further education whose board of management is (or is to be) established in pursuance of Part 1 of the 1992 Act. (2) Before making an order under this section, the Scottish Ministers must consult— (a) the board of management of the college to which the order relates (where that board is already established); (b) the representatives of any trade union which the college recognises or which otherwise appears to the Scottish Ministers to be representative of its staff; (c) the college's students' association; (d) the local authority for the area in which the college is situated; (e) the Council; and (f) any other person appearing to the Scottish Ministers as likely to be affected by the order.

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• (2) After section 23 of the 2005 Act insert—

(23A) (1) It is the duty of a regional college to exercise its functions with a view to securing the coherent provision of a high quality of fundable further education and fundable higher education in the locality of the regional college. (2) In doing so, the regional college must have regard to any fundable further education and fundable higher education provided by other post-16 education bodies in the locality of the regional college. (23B) (1) A regional college must plan for— (a) how it proposes to provide fundable further education and fundable higher education; and (b) how it intends to exercise its other functions. (2) When making plans, a regional college must have regard to the importance of ensuring that funds made available to it under section 12 are used as economically, efficiently and effectively as possible. (3) A regional college must, where it considers it appropriate to do so in the exercise of its functions, consult— (a) the representatives of any trade union which it recognises or which otherwise appears to it to be representative of its staff; (b) its students' association; (c) the local authority for the area in which the regional college is situated; (d) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college; (e) any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned; (f) any person who appears to it to be representative of employers in the locality of the regional college; (g) any person who appears to it to be representative of the interests of any sector for which the regional college provides specialist education or training; (h) The Open University; (i) The Skills Development Scotland Co. Limited; (j) the Scottish Qualifications Authority; and (k) Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). (4) Any particular requirement for consultation imposed on a regional college by virtue of this or any other enactment is without prejudice to subsection (3). (5) A regional college must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the regional college of the following persons— (a) the representatives of any trade union which the regional college recognises or which otherwise appears to it to be representative of its staff; (b) the regional college's students' association; (c) the local authority for the area in which the regional college is situated; (d) the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college; (e) any other regional college or regional strategic body whom it considers it appropriate to collaborate with; (f) The Open University; (g) The Skills Development Scotland Co. Limited; (h) the Scottish Qualifications Authority; and (i) Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). (6) The Scottish Ministers may by order modify subsection (3) or (5) by— (a) 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. (7) But such an order may not modify paragraph (a) or (b) of subsection (3). (23C) (1) A regional college is to exercise its functions with a view to improving the economic and social well-being of the locality of the regional college. (2) In doing so, the regional college is to have regard to— (a) social and economic regeneration needs in the locality; and (b) social cohesion and social inclusion issues in the locality. (3) For the purposes of subsection (2)(a), “needs” means needs which appear to the regional college— (a) to exist for the time being or be likely to exist in the future; and (b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. (4) For the purposes of subsection (2)(b), “issues” means issues which appear to the regional college— (a) to exist for the time being or be likely to exist in the future; and (b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. (23D) (1) In exercising its functions, a regional college is to have regard to— (a) skills needs in the locality of the regional college; (b) issues affecting the economy of the locality of the regional college; (c) social and cultural issues in the locality of the regional college; and (d) the needs and issues in relation to Scotland identified by the Council for the purposes of section 20(1). (2) In exercising its functions, a regional college is to have regard to the desirability of the achieving of sustainable development. (3) In exercising its functions, a regional college is to have regard to the— (a) United Kingdom context; and (b) international context, in which it carries on its activities. (4) In exercising its functions, a regional college is to have regard to the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of the college. (5) In exercising its functions, a regional college is to have regard to the desirability of enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to any socio-economic group which the regional college reasonably considers to be under-represented in such education. (6) For the purposes of subsection (1)(a), “skills needs” means any requirement or desirability for skills or knowledge which appears to the regional college— (a) to exist for the time being or be likely to exist in the future; and (b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. (7) For the purposes of subsection (1)(b) and (c), “issues” means issues which appear to the regional college— (a) to exist for the time being or be likely to exist in the future; and (b) to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. (8) For the purposes of subsection (5), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low. (9) A regional college may take into account any social or economic characteristics which it considers appropriate when determining which groups are to constitute “socio-economic groups” for the purposes of subsection (5). (10) A regional college is to have regard to the under-represented socio-economic groups identified by the Council for the purposes of section 20(4A) when determining— (a) which groups are to constitute “socio-economic groups” for the purposes of subsection (5); and (b) whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.

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Colleges: boards of management

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• (1) For paragraph 3 of Schedule 2 to the 1992 Act substitute—

(3) (1) The board of a regional college is to consist of no fewer than 15 nor more than 18 members. (2) The board is to be comprised of— (a) a person appointed by the Scottish Ministers to chair meetings of the board (the “chairing member”); (b) the principal of the college; (c) a person appointed by being elected by the teaching staff of the college from among their own number; (d) a person appointed by being elected by the non-teaching staff of the college from among their own number; (e) two persons appointed by being nominated by the students' association of the college from among the students of the college; and (f) other members appointed by the board. (3) An appointment made in pursuance of sub-paragraph (2)(f) has effect only if approved by— (a) the chairing member; and (b) the Scottish Ministers. (4) A person is not eligible for appointment as the chairing member under sub-paragraph (2)(a) if the person is— (a) a member of the Scottish Parliament; (b) a member of the House of Lords; (c) a member of the House of Commons; (d) a member of the European Parliament; or (e) the principal of the college, but such a person may otherwise be appointed as a member of the board. (3A) (1) The board of a college which is not a regional college is to consist of no fewer than 13 nor more than 18 members. (2) The board is to be comprised of— (a) a person appointed by the regional strategic body to chair meetings of the board (the “chairing member”); (b) the principal of the college; (c) a person appointed by being elected by the teaching staff of the college from among their own number; (d) a person appointed by being elected by the non-teaching staff of the college from among their own number; (e) two persons appointed by being nominated by the students' association of the college from among the students of the college; and (f) other members appointed by the regional strategic body. (3B) (1) An election to appoint members in pursuance of paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to be conducted in accordance with rules made by the board. (2) Before making, varying or replacing rules about elections to be held in pursuance of paragraph 3(2)(c) or 3A(2)(c), the board must consult the representatives of any trade union which the board recognises as being, or which otherwise appears to the board to be, representative of the teaching staff of the college. (3) Before making, varying or replacing rules about elections to be held in pursuance of paragraph 3(2)(d) or 3A(2)(d), the board must consult the representatives of any trade union which the board recognises as being, or which otherwise appears to the board to be, representative of the non-teaching staff of the college. (3C) (1) In appointing members under paragraph 3(2) or 3A(2) and in extending the period of appointment of any member so appointed, the board or, as the case may be, regional strategic body must have regard to any guidance issued by the Scottish Ministers in relation to the making of such appointments (including any guidance on the desirability of appointing members with particular skills and experience). (2) Before issuing guidance under sub-paragraph (1), the Scottish Ministers must consult— (a) any board to which the guidance relates; (b) where it relates to the board of a college which is not a regional college, the regional strategic body for the college; (c) the local authority for any area in which the board to which the guidance relates is situated; (d) the relevant students' associations; (e) the representatives of any trade union which is recognised by a board to which the guidance relates or which otherwise appears to the Scottish Ministers to be representative of its staff; (f) the Council; (g) any body which appears to the Scottish Ministers to be representative of colleges of further education; (h) any body which appears to the Scottish Ministers to be representative of local authorities; (i) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; and (j) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland. (3) Different guidance may be issued for different purposes.

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• (2) The Scottish Ministers may make such arrangements in relation to a board of management of a college of further education as they consider appropriate in connection with the coming into force of subsection (1) and may, in particular—

• (a) appoint on terms and conditions determined by them persons who are, from the day on which that subsection comes into force, to hold office as a member of the board as if appointed under paragraph 3(2)(a) or (f) or, as the case may be, 3A(2)(a) or (f) of Schedule 2 to the 1992 Act, or

• (b) in the case of persons who are members of the board immediately before that day—

• (i) make arrangements for them to continue in office from that day as if appointed under such provision of paragraph 3 or, as the case may be, 3A of Schedule 2 to the 1992 Act as they may determine, or

• (ii) remove them from office.

Colleges: mismanagement

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For section 24 of the 1992 Act substitute—