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Further and Higher Education (Scotland) Act 2005

2005 asp 6 · Enacted 1 June 2005 · Extends to Scotland

Not fully up to date. 18 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 9A(1)s. 9A renumbered as s. 9A(1)Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 5(2)(a)
s. 9A(2)insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 5(2)(b)
s. 9B(3)insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 5(3)
s. 9FinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 6(2)
s. 9GinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 7(2)
s. 9HinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 8(2)
s. 9IinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 9(2)
s. 12LinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 15(2)
s. 17AinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 19(2)
s. 25BinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 24(2)
sch. 1 para. 18(1A)insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 7(3)
sch. 1 para. 2(1)(c)words insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 27(2)
sch. 1 para. 3(1)(aa)-(ae)insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 29(2)(a)
sch. 1 para. 3(1)(b)words substitutedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 29(2)(b)
sch. 1 para. 3(1A)insertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 29(2)(c)
sch. 1 para. 3(2)repealedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 29(2)(d)
sch. 1 para. 3(3)repealedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 29(2)(d)
sch. 2substitutedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 25(2)

An Act of the Scottish Parliament to make provision establishing the Scottish Further and Higher Education Funding Council and provision as to its functions; to make provision as to support for further and higher education; to make provision relating to bodies which provide further and higher education; and for connected purposes

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th April 2005 and received Royal Assent on 1st June 2005

Contents

  1. Part 1: Further and higher education etc.
  2. Establishment of the Scottish Further and Higher Education Funding Council
  3. 1Scottish Further and Higher Education Funding Council
  4. 2Dissolution of other funding bodies
  5. Provision of further and higher education etc.
  6. 3The Council: general duty
  7. 4The Scottish Ministers: general duty
  8. 5Fundable further and higher education
  9. 6Fundable bodies
  10. 7Fundable bodies: further provision
  11. 7ARegional colleges
  12. 7BRegional strategic bodies
  13. 7CAssignation of colleges
  14. 7DOrders under sections 7A to 7C: supplemental
  15. 8Support needs
  16. Funding of further and higher education etc.
  17. 9Funding of the Council
  18. 9AHigher education institutions: good governance
  19. 9BFurther education institutions: good governance
  20. 9CWidening access to fundable higher education
  21. 9DFee cap: students liable for higher education fees
  22. 9EWidening access to Gaelic education
  23. 10Additional grants
  24. 11Administration of funds
  25. 12Funding of fundable bodies
  26. 12ARegional strategic bodies: administration of funds
  27. 12BFunding of assigned colleges
  28. Funding for national training programmes
  29. 12CGrants to the Council for national training programmes
  30. 12DAdministration of funds by the Council for national training programmes
  31. Scottish apprenticeships
  32. 12EDefinition of Scottish apprenticeship
  33. 12FScottish apprenticeship frameworks
  34. 12GRequests for apprenticeship frameworks Not yet in force
  35. 12HScottish apprenticeship certificates Not yet in force
  36. Funding for Scottish apprenticeships and work-based learning
  37. 12IGrants to the Council for Scottish apprenticeships and work-based learning
  38. 12JAdministration of funds by the Council for Scottish apprenticeships and work-based learning
  39. 12KInformation sharing on national training programmes, apprenticeships and work-based learning
  40. The Council: functions
  41. 13Quality of fundable further and higher education
  42. 13APerformance of regional strategic bodies
  43. 14Credit and qualification framework
  44. 14AReview of fundable further and higher education
  45. 14BNotifications to the Council by post-16 education bodies
  46. 15Efficiency studies
  47. 15AMonitoring of financial sustainability of post-16 education bodies
  48. 16Council's right to address meetings
  49. 17Advisory functions
  50. 18Functions regarding certain property
  51. 19Administration of certain support
  52. 19AReviews of progress with widening access
  53. 19BReporting by the Council
  54. The Council: exercise of functions
  55. 20Council to have regard to particular matters
  56. 21Equal opportunities
  57. 22Consultation and collaboration
  58. 23General powers
  59. Regional colleges: functions
  60. 23ARegional colleges: general duty
  61. 23BRegional colleges: planning, consultation and collaboration
  62. 23CRegional colleges: improvement of economic and social well-being
  63. 23DRegional college to have regard to particular matters
  64. Regional strategic bodies: functions
  65. 23ERegional strategic bodies: general duty
  66. 23FRegional strategic bodies: planning
  67. 23GPerformance monitoring
  68. 23HPromotion of Council's credit and qualification framework
  69. 23IEfficiency studies: assigned colleges
  70. 23JRight to address college meetings
  71. 23KRegional strategic bodies: improvement of economic and social well-being
  72. 23LRegional strategic body to have regard to particular matters
  73. 23MRegional strategic bodies: consultation and collaboration
  74. 23NAssigned colleges: information and directions
  75. 23OTransfer of staff and property etc.
  76. Regional boards: constitution etc.
  77. 23PRegional boards: constitution
  78. 23QMismanagement by regional boards
  79. 23REstablishment and abolition of regional boards: supplemental
  80. The Scottish Ministers: requirements and directions
  81. 24Requirements as to Council's functions
  82. 25Directions where financial mismanagement
  83. 25AProvision of information
  84. Fundable bodies: miscellaneous
  85. 26Academic freedom
  86. 26AEqual opportunities: post-16 education bodies etc.
  87. 27Remit of the Scottish Public Services Ombudsman
  88. 28Inspection of accounts
  89. 29Educational use of certain property
  90. 30Change of name by certain bodies
  91. 31Information about recorded children
  92. Part 2: General
  93. 32Amendment of enactments
  94. 33Ancillary provision
  95. 34Orders and regulations
  96. 35Interpretation
  97. 36Short title and commencement
  98. Schedule 1: The Scottish Further and Higher Education Funding Council
  99. Status
  100. 1Paragraph 1
  101. Membership of the Council
  102. 2Paragraph 2
  103. 2AParagraph 2A
  104. 3Paragraph 3
  105. Disqualification from membership
  106. 4Paragraph 4
  107. Remuneration, allowances and pensions for members
  108. 5Paragraph 5
  109. Chief executive
  110. 6Paragraph 6
  111. Other staff
  112. 7Paragraph 7
  113. Continuity of employment etc.
  114. 8Paragraph 8
  115. Transfer of property and liabilities
  116. 9Paragraph 9
  117. Proceedings of the Council
  118. 10Paragraph 10
  119. Committees
  120. 11Paragraph 11
  121. 12Paragraph 12
  122. 12AParagraph 12A
  123. 13Paragraph 13
  124. 14Paragraph 14
  125. Delegation of functions
  126. 15Paragraph 15
  127. Participation of Scottish Ministers at meetings
  128. 16Paragraph 16
  129. Accounts
  130. 17Paragraph 17
  131. Reports and information
  132. 18Paragraph 18
  133. Schedule 2: Fundable bodies
  134. Institutions formerly eligible for funding by the Scottish Further Education Funding Council
  135. Paragraph
  136. Institutions formerly eligible for funding by the Scottish Higher Education Funding Council
  137. Paragraph
  138. Other institutions
  139. Schedule 2A: Regional strategic bodies
  140. 1Regional boards
  141. 2Other regional strategic bodies
  142. Schedule 2B: Regional boards
  143. Regional boards
  144. 1Paragraph 1
  145. Status
  146. 2Paragraph 2
  147. Membership
  148. 3Paragraph 3
  149. Student members
  150. 4Paragraph 4
  151. Election of staff and student members
  152. 5Paragraph 5
  153. Disqualification from membership
  154. 6Paragraph 6
  155. Terms and conditions
  156. 7Paragraph 7
  157. Remuneration and allowances
  158. 8Paragraph 8
  159. Resignation and removal of members
  160. 9Paragraph 9
  161. Staff
  162. 10Paragraph 10
  163. Proceedings of the board
  164. 11Paragraph 11
  165. Committees
  166. 12Paragraph 12
  167. Participation at meetings
  168. 13Paragraph 13
  169. General powers
  170. 14Paragraph 14
  171. Goods and services
  172. 15Paragraph 15
  173. Delegation of functions
  174. 16Paragraph 16
  175. Accounts
  176. 17Paragraph 17
  177. Modification
  178. 18Paragraph 18
  179. Schedule 3: Amendment of enactments
  180. Superannuation Act 1972 (c. 11)
  181. 1Paragraph 1
  182. House of Commons Disqualification Act 1975 (c. 24)
  183. 2Paragraph 2
  184. Sex Discrimination Act 1975 (c. 65)
  185. 3Paragraph 3
  186. Race Relations Act 1976 (c. 74)
  187. 4Paragraph 4
  188. Education Reform Act 1988 (c. 40)
  189. 5Paragraph 5
  190. Further and Higher Education (Scotland) Act 1992 (c. 37)
  191. 6Paragraph 6
  192. Teaching and Higher Education Act 1998 (c. 30)
  193. 7Paragraph 7
  194. Public Finance and Accountability (Scotland) Act 2000 (asp 1)
  195. 8Paragraph 8
  196. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
  197. 9Paragraph 9
  198. Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)
  199. 10Paragraph 10 Repealed
  200. Scottish Public Services Ombudsman Act 2002 (asp 11)
  201. 11Paragraph 11
  202. Freedom of Information (Scotland) Act 2002 (asp 13)
  203. 12Paragraph 12
  204. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
  205. 13Paragraph 13
  206. The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 ( S.I. 1998/2667)
  207. 14Paragraph 14