Section 20 Council to have regard to particular mattersI1

Scotland

(1)

In exercising its functions, the Council is to have regard to—

(a)

skills needs in Scotland F1, including in different localities within Scotland;

(b)

issues affecting the economy of Scotland , including in different localities within Scotland; and

(c)

social and cultural issues in Scotland , including in different localities within Scotland.

F2(1A)

In exercising its functions, the Council is to have regard to the economic, social and environmental priorities of the Scottish Ministers.

(2)

In exercising its functions, the Council is to—

(a)

have regard to the desirability of the achieving of sustainable development; and

(b)

in particular, encourage the fundable bodies to contribute (so far as reasonably practicable for them to do so) to the achievement of sustainable development.

(3)

In exercising its functions, the Council is to have regard to the—

(a)

United Kingdom context; and

(b)

international context,

in which any of the F3post-16 education bodies may carry on their activities.

F4(3A)

In exercising its functions, the Council is to have regard to the desirability of protecting and promoting the interests of current and prospective learners.

(3B)

In exercising its functions, the Council is to have regard to the desirability of promoting fair work principles.

(4)

In exercising its functions, the Council is to have regard to the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of any of the F5post-16 education bodies.

F6(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.

F7(4C)

In exercising its functions, the Council is to have regard to the desirability of facilitating, encouraging and supporting knowledge exchange and innovation from the research of the post-16 education bodies.

(5)

For the purposes of subsection (1)(a), “skills needs” means any requirement or desirability for skills or knowledge which, following consultation with the Scottish Ministers, appears to the Council—

(a)

to exist for the time being or be likely to exist in the future; and

(b)

to be capable of being addressed (wholly or partly) by the provision of fundable further education F8, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning.

(6)

For the purposes of subsection (1)(b) and (c), “issues” means issues which, following consultation with the Scottish Ministers, appear to the Council—

(a)

to exist for the time being or be likely to exist in the future; and

(b)

to be capable of being addressed (wholly or partly) by the provision of fundable further education F9, fundable higher education, programmes of training for employment, Scottish apprenticeships or work-based learning.

F10(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.

F11(10)

The Council is to inform each regional college and each regional strategic body of—

(a)

the needs and issues in relation to Scotland F12, including in different localities within 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).

F13(11)

The Scottish Ministers may give directions to the Council setting out the definition of “fair work principles” for the purposes of subsection (3B) and section 15(4).

(12)

Before giving a direction under subsection (11), the Scottish Ministers must consult—

(a)

the Council,

(b)

persons who appear to be representative of employees of any bodies or persons who receive payments from the Council for the purposes of securing the delivery of fundable further education, fundable higher education, Scottish apprenticeships or work-based learning.

(13)

The Council must comply with a direction given to it under subsection (11).

(14)

The Scottish Ministers may vary or revoke a direction given under subsection (11).

Annotations

Textual amendments

F1: Words in s. 20(1) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(a), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F2: S. 20(1A) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(b), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F3: Words in s. 20(3) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(14)(a); S.S.I. 2014/21, art. 2, Sch. 1
F4: S. 20(3A)(3B) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(c), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F5: Words in s. 20(4) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(14)(b); S.S.I. 2014/21, art. 2, Sch. 1
F6: S. 20(4A)(4B) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 15(2), 23(2); S.S.I. 2014/21, art. 2, Sch. 1
F7: S. 20(4C) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(d), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F8: Words in s. 20(5)(b) substituted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 22(2)(a), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F9: Words in s. 20(6)(b) substituted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 22(2)(b), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F10: S. 20(7)-(9) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 15(3), 23(2); S.S.I. 2014/21, art. 2, Sch. 1
F11: S. 20(10) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(14)(c); S.S.I. 2014/21, art. 2, Sch. 1
F12: Words in s. 20(10)(a) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(e), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1
F13: S. 20(11)-(14) inserted (1.10.2026) by Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (asp 5), ss. 21(2)(f), 39(2); S.S.I. 2026/261, reg. 2(1), sch. Pt. 1

Commencement

I1: S. 20 in force at 3.10.2005 by S.S.I. 2005/419, art. 2(1)