Post-16 Education (Scotland) Act 2013

Type Act of the Scottish Parliament
Publication 2013-08-07
Last updated 2015-03-31
State In force
Jurisdiction Scotland
Department Statute Law Database
articles Not indexed
Reform history JSON API

(4A) In exercising its functions, the Council is to— (a) 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 Council reasonably considers to be under-represented in such education; and (b) in particular, promote collaboration and sharing of good practice between the persons mentioned in subsection (4B) in relation to enabling, encouraging and improving such participation. (4B) Those persons are— (a) post-16 education bodies; (b) regional strategic bodies; and (c) post-16 education bodies and regional strategic bodies.

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(7) For the purposes of subsection (4A), 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. (8) The Council 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 subsection (4A). (9) The Council must consult the Scottish Ministers before determining— (a) which groups are to constitute “socio-economic groups” for the purposes of subsection (4A); and (b) whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.

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Council to review progress with widening access

16

After section 19 of the 2005 Act insert—

(19A) (1) The Council must conduct reviews of the extent to which progress is being made in enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to socio-economic groups which the Council reasonably considers to be under-represented in such education. (2) The first such review must be completed before the end of the period of three years beginning with the date on which this section comes into force. (3) Subsequent reviews must be completed before the end of the period of three years beginning with the date on which the immediately preceding review was completed. (4) On completing a review, the Council must provide the persons mentioned in subsection (5) with a report of the review which— (a) sets out the conclusions it has reached; (b) explains why it has reached those conclusions; and (c) makes any recommendations for action in consequence of those conclusions as it considers appropriate. (5) Those persons are— (a) the Scottish Ministers; (b) each regional strategic body; and (c) each post-16 education body. (6) The bodies to which this subsection applies must provide the Council with such information, and make available such accounts and other documents, as the Council may reasonably require for the purposes of conducting a review. (7) Subsection (6) applies to— (a) post-16 education bodies; and (b) regional strategic bodies. (8) For the purposes of subsection (1), 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) The Council 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 subsection (1). (10) The Council must consult the Scottish Ministers before determining— (a) which groups are to constitute “socio-economic groups” for the purposes of subsection (1); and (b) whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.

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Review of further and higher education

Review of further and higher education

17

After section 14 of the 2005 Act insert—

(14A) (1) The Council may, with the consent of the Scottish Ministers, review the extent to which fundable further education or fundable higher education is being provided by post-16 education bodies in a coherent manner. (2) A review may relate to— (a) any aspect of the funding or provision of fundable further education or fundable higher education (generally or in particular areas); or (b) any aspect of the legislation or administrative framework which governs the funding or provision of fundable further education or fundable higher education. (3) When seeking the consent of the Scottish Ministers to conduct a review, the Council must provide a case for review which— (a) describes the scope of the proposed review; and (b) explains why it is satisfied that any pre-conditions to conducting a review which the Scottish Ministers may determine are met in relation to the proposed review. (4) When conducting a review, the Council must consult— (a) the governing body of any post-16 education body and any regional strategic body to which the review relates; (b) the representatives of any trade union recognised by any such body or which otherwise appears to the Council to be representative of its staff; (c) any body which appears to the Council to be representative of trade unions in Scotland; (d) the students' association of any post-16 education body to which the review relates; and (e) any body which appears to be the Council to be representative of the interests of students of post-16 education bodies generally. (5) The bodies to which this subsection applies must provide the Council with such information, and make available for inspection such accounts and other documents, as the Council may reasonably require for the purposes of conducting a review. (6) Subsection (5) applies to— (a) post-16 education bodies; and (b) regional strategic bodies. (7) On completing a review, the Council must provide the Scottish Ministers, and any post-16 education body and regional strategic body to which the review relates, with a report of the review which— (a) sets out the conclusions which it has reached; (b) explains why it has reached those conclusions; and (c) makes any recommendations for action in consequence of those conclusions as it considers appropriate. (8) The Council, when conducting and reporting on a review, must have regard to the importance of ensuring that public funds provided for fundable further education and fundable higher education are used as economically, efficiently and effectively as possible.

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Collective bargaining framework for college staff

Collective bargaining framework for college staff

18

After section 15 of the 1992 Act insert—

(15A) (1) Before making regulations under section 3(6) of this Act which prescribe requirements which relate to collective bargaining arrangements in respect of any contracts entered into in pursuance of section 12(2)(h)(i) of this Act, the Scottish Ministers must— (a) establish an advisory committee, to be known as the National Pay and Conditions Advisory Committee for Scotland's Colleges, for the purpose of making recommendations to them, by such time as they may specify, about— (i) the outcomes which the regulations should seek to achieve; and (ii) how the regulations should seek to achieve those outcomes; and (b) have regard to any recommendations made by the committee. (2) When making any such regulations, the Scottish Ministers must have regard to the desirability of ensuring that the regulations are framed in accordance with any guidance issued by the Advisory, Conciliation and Arbitration Service (ACAS) which relates to the form of schemes which govern how employees' terms and conditions may be negotiated or determined. (3) A committee established under subsection (1)(a) above is to be comprised of— (a) 4 persons who appear to the Scottish Ministers to be representative of the interests of boards of management; (b) 4 persons who appear to the Scottish Ministers to be representative of the interests of trade unions recognised by boards of management or who otherwise appear to them to be representative of the teachers and other staff employed by boards of management; (c) a person appointed by the Council (such person being a member of the Council or an employee of the Council); and (d) other persons appointed by the Scottish Ministers. (4) The Scottish Ministers may— (a) make or authorise the Council to make further provision about the constitution, remit or procedure of the committee; (b) provide or authorise the Council to provide the committee with financial or other support (including by paying allowances to members of the committee in respect of expenses).

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Equal opportunities

Equal opportunities: post-16 education bodies etc.

19

After section 26 of the 2005 Act insert—

(26A) (1) Every post-16 education body and regional strategic body must, when making appointments to its governing body or exercising any of its other functions, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements. (2) In subsection (1), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998.

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Information about young people's involvement in education and training

Duty to provide information to Skills Development Scotland

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General

Modification of enactments

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The schedule to this Act (which makes minor amendments to enactments and otherwise modifies enactments for the purposes of or in consequence of this Act) has effect.

Ancillary provision

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Commencement

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Short title

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The short title of this Act is the Post-16 Education (Scotland) Act 2013.

SCHEDULE

Education (Scotland) Act 1980 (c.44)

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Further and Higher Education (Scotland) Act 1992 (c.37)

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(7) Before making regulations under subsection (6), the Scottish Ministers must consult— (a) the boards of management to which the regulations relate; (b) any regional strategic body for a college of further education which has such a board; (c) the students' association of each such college; (d) any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; (e) the Council; (f) any body which appears to the Scottish Ministers to be representative of colleges of further education; (g) the representatives of any trade union which is recognised by a board of management to which the regulations relate or which otherwise appears to the Scottish Ministers to be representative of its staff; (h) any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and (i) any other person appearing to the Scottish Ministers as likely to be affected by the regulations.

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(1A) Those persons are— (a) the Council; and (b) where the proposal is to exercise the power under section 3(1)(b) or (c) or 44 of this Act— (i) the board of management of the college or colleges concerned; (ii) any regional strategic body for such a college; (iii) the representatives of any trade union which is recognised by any such board of management or which otherwise appears to the Scottish Ministers to be representative of its staff; (iv) the students' association of each such college.

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(4A) A board of management of a regional college is to pay to the chairing member appointed under paragraph 3(2)(a) of Schedule 2 such remuneration as the Scottish Ministers may in each case determine.

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“regional college” means a college of further education designated as a regional college by order made under section 7A of the Further and Higher Education (Scotland) Act 2005; and “regional strategic body” has the same meaning as in that Act of 2005.

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(2A) An order falls within this subsection if— (a) it is made under section 3(5) of this Act and makes provision other than provision varying the maximum or minimum number of members of a board of management established in pursuance of Part 1 of this Act; or (b) it is made under section 12(8) of this Act. (2B) An order falling within subsection (2A) is subject to the affirmative procedure.

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5A and 5B below, a member of the board— (a) if appointed in pursuance of paragraph 3(2)(a) as the chairing member of the board of a regional college, holds and vacates office on such terms and conditions as the Scottish Ministers may determine; (b) if appointed in pursuance of paragraph 3(2)(c) to (f) as a member of the board of a regional college, holds and vacates office on such terms and conditions as the board may determine; (c) if appointed in pursuance of paragraph 3A(2)(a) or (c) to (f) as a member of the board of a college which is not a regional college, holds and vacates office on such terms as the regional strategic body may determine; and (d) is, on ceasing to hold office, eligible for re-appointment.

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(2) Subject to sub-paragraphs (2A) to (2G) below— (a) a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to hold office for 4 years; (b) a member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to hold office until 31 August following appointment; and (c) each other member of the board (including the chairing member) is to hold office for such period (not exceeding 4 years) as is specified in the member's terms of appointment. (2A) The Scottish Ministers may extend the period of appointment of the chairing member of a regional college for a single further period not exceeding 4 years. (2B) The board of a regional college may extend the period of appointment of a member appointed under paragraph 3(2)(f) for a single further period not exceeding 4 years (but such an extension has effect only if approved by the chairing member and the Scottish Ministers). (2C) A regional strategic body may extend the period of appointment of a member it appoints under paragraph 3A(2)(a) or (f) for a single further period not exceeding 4 years. (2D) The chairing member of a regional college is to vacate office if the member becomes a person of the type described in paragraph 3(4). (2E) The principal of a college is to vacate office on ceasing to be the principal. (2F) A member appointed under paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to vacate office if the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college before the member's period of appointment ends. (2G) A member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to vacate office if the member ceases to be a student of the college before the member's period of appointment ends.

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— (a) in the case of the chairing member of the board of a regional college, the Scottish Ministers; (b) in the case of any other member of the board a regional college, the board; (c) in the case of any member of the board of a college which is not a regional college, the regional strategic body.

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(5A) (1) A person is not eligible for appointment as a member of the board if the person— (a) has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine; (b) is an undischarged bankrupt; or (c) has been removed from office under section 24 of this Act (in relation to any college) or section 23Q of the Further and Higher Education (Scotland) Act 2005 (in relation to any regional board). (2) For the purposes of sub-paragraph (1)(b), “undischarged bankrupt” means a person— (a) whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force); (b) who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it); (c) who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986; (d) who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts; (e) who has been adjudged bankrupt (and has not been discharged); or (f) who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world. (5B) (1) The relevant person must remove a member of the board from office (by giving notice in writing to the member) if— (a) the member— (i) is sentenced as mentioned in paragraph 5A(1)(a); or (ii) has become a person to whom paragraph 5A(1)(b) applies; or (b) the relevant person is satisfied that the member— (i) has been absent from meetings of the board for a period longer than 6 consecutive months without the permission of the board; or (ii) is otherwise unable or unfit to discharge the member's functions. (2) In sub-paragraph (1), “relevant person”— (a) in the case of the chairing member of the board of a regional college, means the Scottish Ministers; (b) in the case of any other member of the board of a regional college, means the board of management of that college; (c) in the case of a member of the board of a college which is not a regional college, means the regional strategic body for that college. (3) The Scottish Ministers must, by giving notice in writing to the member, remove a member from office if the member is removed from office under section 24 of this Act (in relation to any other college) or section 23Q of the Further and Higher Education (Scotland) Act 2005 (in relation to any regional board). (4) Where a member removed under sub-paragraph (3) was appointed under paragraph 3(2)(f) or 3A(2)(f), the Scottish Ministers may appoint another person in place of the removed member. (5) An appointment made under sub-paragraph (4) has effect as if made under the provision under which the removed member was appointed. (5C) Paragraphs 5A and 5B do not apply in relation to the principal of the college.

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(16A) The appointment of a principal of a college which is not a regional college, and the terms and conditions of such an appointment, have effect only if approved by the regional strategic body for the college.

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Education Act 1994 (c.30)

3

In section 21(2)(b) of the Education Act 1994, for the words from “, or” to “4(1)” substitute “ is established in pursuance of Part 1 ”.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

4

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, after the entry for “Quality Meat Scotland” insert— “ A regional board (within the meaning of the Further and Higher Education (Scotland) Act 2005) ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

5

, or (d) add to it an entry relating to a regional strategic body (within the meaning of that Act).

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Freedom of Information (Scotland) Act 2002 (asp 13)

6

In paragraph 49 of schedule 1 to the Freedom of Information (Scotland) Act 2002, after “Council” insert “ or a regional strategic body (within the meaning of the Further and Higher Education (Scotland) Act 2005) ”.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

7

In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, after the cross-heading “Offices” insert—

The chairing member of the board of management of a college of further education which is designated as a regional college by order under section 7A of the Further and Higher Education (Scotland) Act 2005 The chairing member of a regional board established by or in pursuance of section 7B of that Act

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Further and Higher Education (Scotland) Act 2005 (asp 6)

8

(1) In this Act, “fundable body” means— (a) any body specified in schedule 2; and (b) any regional strategic body (see section 7B).

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(fa) arrangements for the purpose of seeking to ensure that the interests of the body's students are represented by a students' association;

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(ha) where the body is a regional strategic body, procedures and arrangements for the administration by the body of the funds mentioned in section 12A(2) and for the exercise of its other functions as a regional strategic body; and

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(2A) Paragraph (ha) of subsection (2) applies only where the Council is considering whether to remove the entry relating to the body concerned from schedule 2.

(7D) (1) This subsection applies to— (a) any order under section 7A(1) which designates a regional college (or which revokes such a designation); and (b) any order under section 7C(1) which assigns a college of further education to a regional strategic body (or which revokes such an assignation). (2) An order to which subsection (1) applies may— (a) make provision about the membership of the board of management of the college of further education concerned; (b) make such additional provision (not being provision mentioned in paragraph (a)) as is considered appropriate in relation to the change of status of the college concerned. (3) Subsection (2)(a) applies only where the college of further education concerned is one whose board of management is established in pursuance of Part 1 of the 1992 Act. (4) Provision under subsection (2)(a) may include provision— (a) authorising the Scottish Ministers to make arrangements for, or otherwise providing for, the continuing in office, or the removal from office, of persons who are members of the board immediately before the day on which the designation or assignation has, or ceases to have, effect; (b) for the appointment by the Scottish Ministers, on terms and conditions determined by them, of persons who are to be members of the board from that day; (c) deeming persons who continue in office, or who are appointed in pursuance of paragraph (b), to hold 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 may be specified in the order. (5) But such an order may not make provision in pursuance of subsection (4)(b) under which a person appointed to a board of management is to hold office otherwise than 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. (6) Subsections (1) to (5) do not prejudice the generality of powers conferred by section 34(2). (7) The Scottish Ministers must, in pursuance of sections 7A to 7C, seek to ensure— (a) that every college of further education whose governing body is established in pursuance of Part 1 of the 1992 Act is either— (i) designated as a regional college; or (ii) assigned to a regional strategic body; and (b) that at least two colleges of further education are assigned to each regional board. (8) Where, despite subsection (7)(a), a college of further education whose governing body is so established is not so designated or assigned, the college is (subject to any contrary provision made under section 33 or 34(2) of this Act or section 22 of the Post-16 Education (Scotland) Act 2013) to be treated for the purposes of this Act, the 1992 Act and any other enactment as having been designated as a regional college. (9) Nothing in subsections (7) and (8) affects the power to make an order under section 7C(1) in relation to a college of further education whose governing body is not so established.

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(c) include any terms or conditions referred to in sections 9A to 9D.

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— (a) where it is a fundable post-16 education body, is to comply with any matters concerning fundable post-16 education bodies or any class of them as the Scottish Ministers may specify; (b) where it is a regional strategic body, is— (i) to comply with any matters concerning regional strategic bodies generally as the Scottish Ministers may specify; or (ii) when making a payment to any of its colleges under section 12B(1), to impose on the college a requirement to comply with any matters concerning post-16 education bodies or any class of them as the Scottish Ministers may specify.

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(5A) The condition is that— (a) when making a payment to a regional strategic body under subsection (1) of section 12; and (b) in such cases as the Scottish Ministers may in the condition specify, the Council is (under subsection (2) of section 12) to impose on the regional strategic body a condition that it must, when making a payment to any of its colleges under section 12B(1), impose on the college a condition making the requirement referred to in subsection (6).

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(c) except where imposed in pursuance of section 9C, be framed by reference to the criteria for the admission of students.

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(aa) providing support (whether financial or otherwise) to regional strategic bodies; and

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(13A) The Council is to secure that provision is made for— (a) assessing; and (b) enhancing, the performance of regional strategic bodies.

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(iii) any regional strategic body; and

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(10) The Council is to inform each regional college and each regional strategic body of— (a) the needs and issues in relation to Scotland identified by the Council for the purposes of subsection (1); and (b) the under-represented socio-economic groups identified by the Council for the purposes of subsection (4A).

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post-16 education bodies and regional strategic bodies; (aa) any body which appears to the Council to be representative of trade unions in Scotland; or

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; and (fa) The Skills Development Scotland Co. Limited;

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— (a) promote collaboration between post-16 education bodies; and (b) promote such collaboration between post-16 education bodies and regional strategic bodies as it considers appropriate.

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(1A) A direction made under subsection (1) in relation to any of a regional strategic body's colleges may, in particular, require the Council to provide such financial support to the regional strategic body as may be specified in the direction (subject to such terms and conditions as may be so specified).

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— (a) the Council; (b) the body to which the direction relates; and (c) where that body is assigned to a regional strategic body by an order made under section 7C(1), the regional strategic body

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(25A) (1) A person mentioned in subsection (2) must provide the Scottish Ministers with such information as they may reasonably require for the purposes of or in connection with the exercise of any of their functions under this Act. (2) Those persons are— (a) a regional strategic body; or (b) a college of further education which is— (i) a regional college; or (ii) assigned to a regional strategic body by order made under section 7C(1).

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(ba) an order under section 7(1) (other than an order which is made only in consequence of a body changing its name or being closed); (bb) an order under section 7B(2)(a) which establishes a regional board; (bc) an order under section 7B(2)(b) which adds or removes an entry (but not including an order which removes an entry relating to a body which has been closed, wound up or has otherwise ceased to exist); (bd) an order under section 7C(1) for which a proposal or approval under section 7C(2) is required; (be) an order under section 9D(2) (other than an order which does no more than increase the amount specified in a previous order by an amount that is no greater than the amount which the Scottish Ministers, having had regard to any retail price index, consider is required in order to maintain the value of the previously specified amount in real terms); (bf) an order under section 23O(11);

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; or (ca) an order under paragraph 18 of schedule 2B (other than an order which does no more than vary the minimum number of members of a regional board or vary the maximum number of members which may be appointed in pursuance of paragraph 3(2)(f)),

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“college of further education” means the governing body of a body— (a) by which fundable further education or fundable higher education is provided; and (b) which is not a higher education institution;

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“fundable post-16 education body” is to be construed in accordance with section 6(2); “higher education institution” means an institution which is— (a) a university; or (b) a designated institution (within the meaning of section 44(2) of the 1992 Act);

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“post-16 education body” means— (a) any fundable post-16 education body; and (b) any college of further education assigned to a regional strategic body by order made under section 7C(1); “recognised”, in relation to a trade union, has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992; “regional board” is to be construed in accordance with section 7B(1)(b); “regional college” means a college of further education designated as a regional college by order made under section 7A(1); “regional strategic body” is to be construed in accordance with section 7B(1)(a);

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(3) In this Act— (a) any reference to the locality of a college of further education is a reference to any locality in which the college provides fundable further education or fundable higher education (other than by way of distance or open learning); and (b) any reference (other than in sections 23A and 23E) to the locality in which fundable further education or fundable further education is provided does not include reference to any such education which is provided by way of distance or open learning.

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(2) A person is disqualified from appointment as a member of the Council if that person— (a) has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine; (b) is an undischarged bankrupt; or (c) has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board). (3) For the purposes of sub-paragraph (2)(b), “undischarged bankrupt” means a person— (a) whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force); (b) who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it); (c) who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986; (d) who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts; (e) who has been adjudged bankrupt (and has not been discharged); or (f) who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world. (4) A person is disqualified from holding office as a member of the Council if that person— (a) is sentenced as mentioned in sub-paragraph (2)(a); (b) has become a person to whom sub-paragraph (2)(b) applies; or (c) is removed from office as mentioned in sub-paragraph (2)(c).

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Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

9

In the definition of “further education institution” in paragraph 15 of schedule 2 to the Protection of Vulnerable Groups (Scotland) Act 2007, after “(asp 6)” insert “ or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act ”.

Higher education institutions: good governance

Funding of and by regional strategic bodies

Regional boards: constitution

Establishment and abolition of regional boards: supplemental

Education (Scotland) Act 1980 (c.44)

Further and Higher Education (Scotland) Act 1992 (c.37)

Education Act 1994 (c.30)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Scottish Public Services Ombudsman Act 2002 (asp 11)

Freedom of Information (Scotland) Act 2002 (asp 13)

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

Further and Higher Education (Scotland) Act 2005 (asp 6)

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

Editorial notes

[^key-173231ad3385673f4aaf02aff39373b8]: S. 1 in force at 10.10.2013 by S.S.I. 2013/281, art. 2, Sch.

[^key-8d10862826c7b34481003465e320ed2a]: S. 6(2) in force at 10.10.2013 by S.S.I. 2013/281, art. 2, Sch.

[^key-07f8f4c0df86a19c92ef70bcc67424a7]: S. 13 in force at 10.10.2013 for specified purposes by S.S.I. 2013/281, art. 2, Sch.

[^key-046401f0e62a05345dea6f8feb168420]: S. 21 in force at 10.10.2013 for specified purposes by S.S.I. 2013/281, art. 2, Sch.

[^key-bb8764b13ef35840c6b4466dc7638a35]: Sch. para. 2(7)(d) in force at 10.10.2013 for specified purposes by S.S.I. 2013/281, art. 2, Sch.

[^key-f0aa330f5823c21af2632b34cdee50db]: Sch. para. 3 in force at 10.10.2013 by S.S.I. 2013/281, art. 2, Sch.

[^key-6db2a7890a2831b85714b7a759820ebd]: Sch. para. 8(5)(a)(i)(22)(a)(22)(b) in force at 10.10.2013 by S.S.I. 2013/281, art. 2, Sch.

[^key-4edf8c1837b91d4eb7c4437e269fd80e]: Sch. para. 8(22)(c) in force at 10.10.2013 for specified purposes by S.S.I. 2013/281, art. 2, Sch.

[^key-ae16218e65e67e0c5348c8d589f24217]: S. 5(1) in force at 13.1.2014 by S.S.I. 2013/348, art. 2, Sch.

[^key-2c5cc43f725293b4c1525bff5b1d5c50]: S. 18 in force at 13.1.2014 by S.S.I. 2013/348, art. 2, Sch.

[^key-c6a3c5e398e3e65b153fb78da25e637a]: S. 20 in force at 13.1.2014 by S.S.I. 2013/348, art. 2, Sch.

[^key-60f0b8c0d31ab82c95ab2f1e0f706417]: S. 21 in force at 13.1.2014 for specified purposes by S.S.I. 2013/348, art. 2, Sch.

[^key-ffffab206897ca2bbec0959c534fd117]: Sch. para. 2(1) in force at 13.1.2014 by S.S.I. 2013/348, art. 2, Sch.

[^key-2fdfa28b0d3c5e05456ac7d74f142667]: Sch. para. 2(2)(b) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348, art. 2, Sch.

[^key-9e7b7a49d0b5ca4ae9c647f5e636bcd7]: Sch. para. 8(1)(23)(a)(i) in force at 13.1.2014 by S.S.I. 2013/348, art. 2, Sch.

[^key-5b8499092f98d20c48060113f0dfe310]: Sch. para. 8(23)(a)(iii) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348, art. 2, Sch.

[^key-95b90ea87a378ed45907d05fc3cc2a9d]: Sch. para. 8(23)(a)(iv) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348, art. 2, Sch.

[^key-e60904fef15545fb2fd1902dd70fd663]: S. 2 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-1e551bceeb6d99bd46b434bf9bea9026]: S. 3 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-b590c894acfc0cfbc9d1ed55c5f8d928]: S. 4 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(2))

[^key-d69f9395e728300eb3ee26ffdc1fe9c2]: S. 5(2) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-c2b32eff54eb2bc8b0f9dc84e85cefc2]: S. 6(1) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 5, Sch. 2)

[^key-798e60743de4d1a08c2784332d47ca35]: S. 7 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(2))

[^key-3667b833f3d2bdd2e53cd14bc5350ad4]: S. 8(1)(2) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-f0ebe767047337148a42cd7f7545f248]: S. 8(3) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-75ce1ad78f14725f305823944f9204a3]: S. 9(1) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-567bbf0a802646c50ada69228ba65b27]: S. 13 in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21, art. 2, Sch. 1

[^key-3d13cfd1b58e9a74389911868706059a]: S. 14 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(2))

[^key-e25c4ad903a9ddec138d416a3ef43865]: S. 15 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-705804f7788d74c0d73b916eebf95475]: S. 16 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(1))

[^key-a3acc1f3ba5de525f8b2b1ad543cfc0b]: S. 17 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(1))

[^key-87e1571b562ebfa4bee445c590037266]: S. 19 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 4, Sch. 2)

[^key-ba289d883409afc2346dd3dee201b621]: S. 21 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-c79da2e83fb3a393cdeeea31dd72545e]: Sch. para. 1 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-38424c760054095a0b089fe1d291a54e]: Sch. para. 2(2)(b) in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21, art. 2, Sch. 1 (with arts. 3(4), 5, Schs. 2)

[^key-12657a1662f6852f5a48ff9c9d8e8e2f]: Sch. para. 2(7)(d) in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21, art. 2, Sch. 1 (with arts. 3(4), 5, Schs. 2)

[^key-75155a581b75d41a5eb6e53700d08b7e]: Sch. para. 5 in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-876a050f8ff02f85e0ab707606a41a3c]: Sch. para. 7 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-137bf7a6c1b9ff442c42fd81d6de175a]: Sch. para. 8(2)-(4) (5)(a)(ii) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1

[^key-64326a02a554ed3408a8a1c575e431b3]: Sch. para. 8(6) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-ce1d8e71a59e078a7d230d535f6bbe2c]: Sch. para. 8(18) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-1080c958e8616fad9303c06e8af3d625]: Sch. para. 8(19)(20)(a)(21)(23)(24) in force at 3.3.2014 by S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(3)(4))

[^key-a4ef2c4d06fb522acf8f55ff3e29b6cd]: Sch. para. 8(22)(c) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21, art. 2, Sch. 1

[^key-b1f7dc449d250321e3cc7ce56da35bad]: S. 8(1)(2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-7a7e38a1a6f39da969f406758e44b362]: S. 9(2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-9cfac2d0a9492cb9da4c1af6e95fe1cb]: S. 11(1) in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-0bb6ba0fe37d60daed24dc3a58f309a5]: S. 11(2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79, art. 2(1), Sch. 1 (with art. 3)

[^key-cf15d703e161c061d26ccb57fc937ec4]: S. 12 in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-f5c3f8fb848a4dc27f542b4a04dde35a]: S. 19 in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-970d35fdb62839411d22c2b1cd7498ec]: S. 21 in force at 1.5.2014 for specified purposes by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-20edf1b3a4aaecfb15e50bd8c5fbec11]: Sch. para. 2(4) in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-9fa3bf46439bff896289f1c03e0f2efc]: Sch. para. 4 in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-c77901426c21eb7c87ec6999ba0692d7]: Sch. para. 6 in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-8dd3776468cee2d769e957bb9bb35041]: Sch. para. 7 in force at 1.5.2014 in so far as not already in force by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-401c041c5e9c9039ee4721619f91a5d8]: Sch. para. 8(5)(a)(iii)(iv)(b)(c) in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-5b6fe9b49733ebc2c15134a9cb9b1267]: Sch. para. 8(7)(a)(i)(d) in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-cc35ea235abd8cba953f6cb65094bd46]: Sch. para. 8(11)(20)(b)(22)(d) in force at 1.5.2014 by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-64627f2d4f056ce8d883422bcc52a6f8]: Sch. para. 8(18)(22)(c) in force at 1.5.2014 in so far as not already in force by S.S.I. 2014/79, art. 2(1), Sch. 1

[^key-9fc8e02a1882f401de279a6bd4c8bf85]: S. 8(1)(2) in force at 1.8.2014 for specified purposes by S.S.I. 2014/144, art. 2

[^key-b2cb359c0b2ac8e9f8a0ce84a2b6c8e0]: S. 9(2) in force at 1.8.2014 in so far as not already in force by S.S.I. 2014/79, art. 2(2), Sch. 2

[^key-e5bd5e74b0db5369aceb21b4205fc5a7]: S. 11(2) in force at 1.8.2014 in so far as not already in force by S.S.I. 2014/79, art. 2(2), Sch. 2

[^key-bdda63df0115b5ba2730ff51f41d9511]: S. 10 in force at 1.8.2014 by S.S.I. 2014/79, art. 2(2), Sch. 2

[^key-0057b10e776f1aff0e3b0e15140718da]: S. 21 in force at 1.8.2014 for specified purposes by S.S.I. 2014/79, art. 2(2), Sch. 2

[^key-0f9420773c6522a9f958ef7dd7b6aa10]: Sch. para. 9 in force at 1.8.2014 by S.S.I. 2014/79, art. 2(2), Sch. 2

[^key-710c195265e6a846d7c8d3aee8638c2d]: S. 8(1)(2) in force at 31.3.2015 in so far as not already in force by S.S.I. 2015/82, art. 2

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