Further and Higher Education (Scotland) Act 1992

[^key-246c09553a1dbd932af0dfc3b33139c7]: Words in s. 38(3)(d) substituted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 10(3); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

58A

• (1) For the purposes of stamp duty land tax, any land transaction effected under or by virtue of any of the provisions of this Act is exempt from charge.

• (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.

• (3) In this section——

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.

Change of name by institutions.

Abolition of college councils.

Information as to provision of further education.

Power of Privy Council in relation to designated institutions.

Regulations and orders.

Transitional provisions, miscellaneous amendments and repeals.

Variation of trust deeds.

Establishment of new institutions by the Secretary of State.

Power to award degrees etc.

Meaning of higher education.

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).

Closure of colleges and dissolution of boards of management.

Abolition of college councils.

Transitional provisions, miscellaneous amendments and repeals.

3A

• (1) The board of a college which is not a regional college is to consist of no fewer than 15 nor more than 20 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;

• (da) a person appointed by being nominated by a trade union from among the teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

• (db) a person appointed by being nominated by a trade union from among the non-teaching staff of the college who are members of a branch of a trade union that has a connection with the college;

• (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.

• (3) for the purposes of sub-paragraph (2)(da) and (db), a trade union nominating a person from among a category of staff must be one that—

• (a) is recognised by the board in relation to the category of staff (within the meaning of section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992); or

• (b) otherwise appears to the board to be representative of the category of staff, having regard to all relevant factors.

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.

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)(a) or (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.

5D

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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.

Change of name by institutions.

Interpretation.

Short title, commencement and extent.