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Further and Higher Education (Scotland) Act 1992

1992 c. 37 · Enacted 16 March 1992 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 2026.

An Act to make new provision about further and higher education in Scotland; and for connected purposes.

[16th March 1992] E1

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Extent

E1

This Act extends to Scotland only except as provided by S.63(5).

Contents

  1. Part I: Further Education
  2. Chapter I: Duties in relation to further education
  3. 1Duty of Secretary of State to secure provision of further education.
  4. 2Function of education authorities.
  5. 3Powers of Secretary of State.
  6. 4Funding of further education. Repealed
  7. 5Requirement on Secretary of State to consult.
  8. 6Further education to which section 1 applies.
  9. Chapter II: Scottish Further Education Funding Council
  10. 7Scottish Further Education Funding Council. Repealed
  11. 8Advisory functions of the Funding Council. Repealed
  12. 9Power of Secretary of State as regards functions of the Funding Council. Repealed
  13. 10Payment of grants etc., to the Funding Council. Repealed
  14. Chapter III: Colleges of Further Education
  15. Management of colleges
  16. 11First transfer of colleges.
  17. 12Boards of management.
  18. 13Subsequent transfers of colleges.
  19. 14Transfer of colleges of further education not under local authority management.
  20. Staff
  21. 15Transfer of staff.
  22. 15ACollective bargaining framework for college staff
  23. Property
  24. 16Transfer of property etc. to boards of management.
  25. 17Surpluses and deficits.
  26. 18Disposal of certain property.
  27. Educational endowments and trusts
  28. 19Educational endowments.
  29. 20Variation of trust deeds.
  30. Miscellaneous
  31. 21Directions by Secretary of State. Repealed
  32. 22College development plans. Repealed
  33. 23Duty of boards of management as regards recorded children. Repealed
  34. 24Mismanagement by boards.
  35. 25Closure of colleges and dissolution of boards of management.
  36. 26Abolition of college councils.
  37. 27Information as to provision of further education.
  38. Chapter IV: Transitory and transitional provisions
  39. Property and contracts
  40. 28Control of disposal of certain land etc.
  41. 29Control of disposal and removal of other property.
  42. 30Restriction on education authority entering into certain contracts.
  43. Enforcement of sections 28 to 30
  44. 31Disposals and contracts without consent.
  45. 32Recovery of loss and damages.
  46. 33Avoidance of certain contractual terms.
  47. Transitional
  48. 34Transitional provisions as regards college councils.
  49. Chapter V: General
  50. 35Service of documents etc.
  51. 36Interpretation of Part I.
  52. Part II: Higher education
  53. The funding council
  54. 37Scottish Higher Education Funding Council. Repealed
  55. 38Meaning of higher education.
  56. 39Assessment of quality of education provided by institutions. Repealed
  57. Funds
  58. 40Administration of funds. Repealed
  59. 41Administration of funds: supplementary. Repealed
  60. 42Grants. Repealed
  61. Further functions
  62. 43Further functions. Repealed
  63. Designated institutions
  64. 44Designation of institutions.
  65. 45Power of Privy Council in relation to designated institutions.
  66. 46Establishment of new institutions by the Secretary of State.
  67. 47Closure of institutions.
  68. 48Power to award degrees etc.
  69. 49Change of name by institutions.
  70. General
  71. 50Duty to give information to the Council. Repealed
  72. 51Efficiency studies. Repealed
  73. 52Exercise of powers of Privy Council.
  74. 53Inspection of accounts. Repealed
  75. 54Directions. Repealed
  76. 55Amendment of section 7 of the Teaching Council (Scotland) Act 1965. Repealed
  77. 56Interpretation of Part II.
  78. Part III: Miscellaneous
  79. 57Finance.
  80. 58Stamp duty.
  81. 58AStamp duty land tax
  82. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  83. 59AJoint exercise of certain functions. Repealed
  84. 60Regulations and orders.
  85. 61Interpretation.
  86. 62Transitional provisions, miscellaneous amendments and repeals.
  87. 63Short title, commencement and extent.
  88. Schedule 1: The Scottish Further Education Funding Council
  89. Status
  90. 1Paragraph 1 Repealed
  91. Tenure of office
  92. 2Paragraph 2 Repealed
  93. House of Commons disqualification
  94. 3Paragraph 3 Repealed
  95. Property and contracts
  96. 4Paragraph 4 Repealed
  97. 5Paragraph 5 Repealed
  98. 6Paragraph 6 Repealed
  99. Execution of documents
  100. 7Paragraph 7 Repealed
  101. Reports and accounts
  102. 8Paragraph 8 Repealed
  103. 9Paragraph 9 Repealed
  104. Additional provisions
  105. 10Paragraph 10 Repealed
  106. 11Paragraph 11 Repealed
  107. Schedule 2: Constitution and proceedings of boards of management
  108. Status
  109. 1Paragraph 1
  110. Membership
  111. 2Paragraph 2 Repealed
  112. 3Paragraph 3
  113. 3AParagraph 3A
  114. 3BParagraph 3B
  115. 3CParagraph 3C
  116. 4Paragraph 4 Repealed
  117. Qualifications and tenure of office
  118. 5Paragraph 5
  119. 5AParagraph 5A
  120. 5BParagraph 5B
  121. 5CParagraph 5C
  122. 5DParagraph 5D Repealed
  123. 6Paragraph 6 Repealed
  124. 7Paragraph 7 Repealed
  125. 8Paragraph 8 Repealed
  126. 9Paragraph 9 Repealed
  127. 10Paragraph 10 Repealed
  128. Proceedings
  129. 11Paragraph 11
  130. Chairman
  131. 12Paragraph 12 Repealed
  132. Committees
  133. 13Paragraph 13
  134. Conflict of interest
  135. 14Paragraph 14 Repealed
  136. Confidentiality of information
  137. 15Paragraph 15 Repealed
  138. Staff
  139. 16Paragraph 16
  140. 16AParagraph 16A
  141. 17Paragraph 17
  142. Accounts
  143. 18Paragraph 18
  144. 19Paragraph 19
  145. Execution of documents
  146. 20Paragraph 20
  147. Provision of services
  148. 21Paragraph 21
  149. Schedule 3: Transfer and apportionment of property
  150. Identification of land, other property, rights, liabilities and obligations
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. Status of agreements etc. under paragraph 1
  154. 3Paragraph 3
  155. Resolution of disputes
  156. 4Paragraph 4
  157. Right to production of documents of title
  158. 5Paragraph 5
  159. Third parties affected by vesting
  160. 6Paragraph 6
  161. Failure to agree or to apply to Secretary of State under paragraph 4 above
  162. 7Paragraph 7
  163. Schedule 4: Commissioners for further education assets
  164. Appointment and tenure
  165. 1Paragraph 1
  166. 2Paragraph 2
  167. 3Paragraph 3
  168. 4Paragraph 4
  169. 5Paragraph 5
  170. Functions
  171. 6Paragraph 6
  172. 7Paragraph 7
  173. 8Paragraph 8
  174. Status
  175. 9Paragraph 9
  176. Schedule 5: Transitional provisions for college councils
  177. Contracts of employment
  178. 1Paragraph 1
  179. Information
  180. 2Paragraph 2
  181. Payment of grants by Secretary of State
  182. 3Paragraph 3
  183. Directions
  184. 4Paragraph 4
  185. Allowances
  186. 5Paragraph 5
  187. College development plans
  188. 6Paragraph 6
  189. Accounts
  190. 7Paragraph 7
  191. Continuity of exercise of functions
  192. 8Paragraph 8
  193. Establishment of students’ associations
  194. 9Paragraph 9
  195. Status
  196. 10Paragraph 10
  197. Schedule 6: Transitional composition of college councils
  198. Membership of college councils
  199. 1Paragraph 1
  200. Terms of appointment
  201. 2Paragraph 2
  202. Eligibility for appointment
  203. 3Paragraph 3
  204. Disqualification from appointment
  205. 4Paragraph 4
  206. 5Paragraph 5
  207. Casual vacancy
  208. 6Paragraph 6
  209. Schedule 7: The Scottish Higher Education Funding Council
  210. Supplementary powers
  211. 1Paragraph 1 Repealed
  212. Chief officer
  213. 2Paragraph 2 Repealed
  214. Tenure of members of the Council
  215. 3Paragraph 3 Repealed
  216. 4Paragraph 4 Repealed
  217. Salaries, allowances and pensions for members
  218. 5Paragraph 5 Repealed
  219. House of Commons disqualification
  220. 6Paragraph 6 Repealed
  221. Staff
  222. 7Paragraph 7 Repealed
  223. Committees
  224. 8Paragraph 8 Repealed
  225. Delegation of functions
  226. 9Paragraph 9 Repealed
  227. Proceedings
  228. 10Paragraph 10 Repealed
  229. 11Paragraph 11 Repealed
  230. 12Paragraph 12 Repealed
  231. Execution of documents
  232. 13Paragraph 13 Repealed
  233. Accounts
  234. 14Paragraph 14 Repealed
  235. Status of the Council
  236. 15Paragraph 15 Repealed
  237. Schedule 8: Transitional, consequential and saving provisions
  238. Part I: Provisions relating to Part I of this Act
  239. Supply of services
  240. 1Paragraph 1
  241. Appointment of staff by education authority
  242. 2Paragraph 2
  243. General
  244. 3Paragraph 3
  245. Part II: Provisions relating to Part II of this Act
  246. Saving for regulations under section 77 of the 1980 Act
  247. 4Paragraph 4
  248. Schedule 9: Miscellaneous and consequential amendments
  249. Teaching Council (Scotland) Act 1965 (c. 19)
  250. 1Paragraph 1 Repealed
  251. Veterinary Surgeons Act 1966 (c. 36)
  252. 2Paragraph 2
  253. Chronically Sick and Disabled Persons Act 1970 (c. 44)
  254. 3Paragraph 3
  255. Sex Discrimination Act 1975 (c. 65)
  256. 4Paragraph 4
  257. Race Relations Act 1976 (c. 74)
  258. 5Paragraph 5
  259. Employment Protection (Consolidation) Act 1978 (c. 44)
  260. 6Paragraph 6 Repealed
  261. Education (Scotland) Act 1980 (c. 44)
  262. 7Paragraph 7
  263. Education (Fees and Awards) Act 1983 (c. 40)
  264. 8Paragraph 8
  265. Mental Health (Scotland) Act 1984 (c. 36)
  266. 9Paragraph 9 Repealed
  267. Education Reform Act 1988 (c. 40)
  268. 10Paragraph 10
  269. Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)
  270. 11Paragraph 11
  271. Education (Student Loans) Act 1990 (c. 6)
  272. 12Paragraph 12
  273. Environmental Protection Act 1990 (c. 43)
  274. 13Paragraph 13
  275. Schedule 10Repeals