LegalizeReform history
Further and Higher Education (Scotland) Act 1992
17 versions
· 1992-03-16
2026-02-01
Further and Higher Education (Scotland) Act 1992
2025-07-30
Further and Higher Education (Scotland) Act 1992
2024-01-31
Further and Higher Education (Scotland) Act 1992
Changes on 2024-01-31
@@ -4,7 +4,7 @@
### Chapter I — Duties in relation to further education
#### Power of Privy Council in relation to designated institutions.
#### Establishment of new institutions by the Secretary of State.
##### 1
@@ -1420,7 +1420,7 @@
##### 3
- (1) The board of a regional college is to consist of no fewer than 15 nor more than 18 members.
- (1) The board of a regional college is to consist of no fewer than 15 nor more than 20 members.
- (2) The board is to be comprised of—
@@ -1432,10 +1432,20 @@
- (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 board.
- (2A) 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.
- (3) An appointment made in pursuance of sub-paragraph (2)(f) has effect only if approved by—
- (a) the chairing member; and
@@ -1480,6 +1490,8 @@
- (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;
- (aa) a member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) 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.
@@ -1495,6 +1507,14 @@
- (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.
- (2FA) A member appointed in pursuance of paragraph 3(2)(da) or (db) or paragraph 3A(2)(da) or (db) is to vacate office if—
- (a) the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college; or
- (b) the member ceases to be a member of a branch of a trade union that has a connection with 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.
@@ -2370,9 +2390,9 @@
## SCHEDULE 10
#### Duty of Secretary of State to secure provision of further education.
#### Powers of Secretary of State.
#### Function of education authorities.
#### Funding of further education.
##### 59A
@@ -2832,6 +2852,24 @@
[^key-009ebbe1d3d858b450d49791ba7e667c]: Words in [Sch. 2 para. 5B(4)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/5B/4) substituted (31.3.2015) by [The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153)](https://www.legislation.gov.uk/ssi/2015/153), [art. 1](https://www.legislation.gov.uk/ssi/2015/153/article/1), [Sch. para. 2(4)](https://www.legislation.gov.uk/ssi/2015/153/schedule/paragraph/2/4)
[^key-2e5bbdee90cd96fa97eac97ec8eb4661]: Sch. 2 para. 3(2A) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(2)(c)](https://www.legislation.gov.uk/ssi/2023/363/article/2/2/c)
[^key-31ce3aacdd9dc84109a1e2dbb17d422f]: Word in Sch. 2 para. 3(1) substituted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(2)(a)](https://www.legislation.gov.uk/ssi/2023/363/article/2/2/a)
[^key-0075c38d267e0f88b6c20db1f8d3d843]: Sch. 2 para. 3(2)(da)(db) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(2)(b)](https://www.legislation.gov.uk/ssi/2023/363/article/2/2/b)
[^key-d2237ed7e4aeb21a0f0386b7f068c5e9]: [Sch. 2 para. 3A(3)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/3A/3) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(3)(c)](https://www.legislation.gov.uk/ssi/2023/363/article/2/3/c)
[^key-a8e21e85f022c1c8d6a6014927b00b36]: Word in [Sch. 2 para. 3A(1)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/3A/1) substituted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(3)(a)(i)](https://www.legislation.gov.uk/ssi/2023/363/article/2/3/a/i)
[^key-533048324647cd3352014548eb9a9c75]: Word in [Sch. 2 para. 3A(1)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/3A/1) substituted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(3)(a)(ii)](https://www.legislation.gov.uk/ssi/2023/363/article/2/3/a/ii)
[^key-418f94bef92619c8423f86a5a258f358]: [Sch. 2 para. 3A(2)(da)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/3A/2/da)[(db)](https://www.legislation.gov.uk/ukpga/1992/37/schedule/2/paragraph/3A/2/db) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(3)(b)](https://www.legislation.gov.uk/ssi/2023/363/article/2/3/b)
[^key-c67ac2b824b1805828b213a64cd07f76]: Sch. 2 para. 5(2FA) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(4)(b)](https://www.legislation.gov.uk/ssi/2023/363/article/2/4/b)
[^key-60defbe37fc5a028cf8e8601e5c471b9]: Sch. 2 para. 5(2)(aa) inserted (31.1.2024) by [The Colleges of Further Education and Regional Strategic Bodies (Membership of Boards) (Scotland) Order 2023 (S.S.I. 2023/363)](https://www.legislation.gov.uk/ssi/2023/363), [arts. 1](https://www.legislation.gov.uk/ssi/2023/363/article/1), [2(4)(a)](https://www.legislation.gov.uk/ssi/2023/363/article/2/4/a)
##### 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.
@@ -2856,13 +2894,13 @@
#### Transitional provisions, miscellaneous amendments and repeals.
#### Directions by Secretary of State.
#### Variation of trust deeds.
#### Establishment of new institutions by the Secretary of State.
#### Power to award degrees etc.
#### Scottish Higher Education Funding Council.
#### Meaning of higher education.
##### 15A
@@ -2896,13 +2934,13 @@
#### Closure of colleges and dissolution of boards of management.
#### Information as to provision of further education.
#### 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 13 nor more than 18 members.
- (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—
@@ -2914,10 +2952,20 @@
- (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.
@@ -3020,8 +3068,8 @@
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.
#### Power to award degrees etc.
#### Regulations and orders.
#### Transitional provisions, miscellaneous amendments and repeals.
#### Change of name by institutions.
#### Interpretation.
#### Short title, commencement and extent.
2015-03-31
Further and Higher Education (Scotland) Act 1992
2014-10-01
Further and Higher Education (Scotland) Act 1992
2012-04-02
Further and Higher Education (Scotland) Act 1992
2009-10-01
Further and Higher Education (Scotland) Act 1992
2009-03-09
Further and Higher Education (Scotland) Act 1992
2006-04-24
Further and Higher Education (Scotland) Act 1992
2005-11-14
Further and Higher Education (Scotland) Act 1992
2005-10-05
Further and Higher Education (Scotland) Act 1992
2005-10-03
Further and Higher Education (Scotland) Act 1992
2004-11-28
Further and Higher Education (Scotland) Act 1992
2003-12-01
Further and Higher Education (Scotland) Act 1992
2003-11-14
Further and Higher Education (Scotland) Act 1992
2003-05-01
Further and Higher Education (Scotland) Act 1992
1992-03-16
Further and Higher Education (Scotland) Act 1992
original version
Text at this date