{
  "url": "https://openlegislation.uk/further-and-higher-education-scotland-act-2005/section-5",
  "json_url": "https://openlegislation.uk/further-and-higher-education-scotland-act-2005/section-5.json",
  "legislation": "asp/2005/6",
  "legislation_title": "Further and Higher Education (Scotland) Act 2005",
  "legislation_url": "https://openlegislation.uk/further-and-higher-education-scotland-act-2005",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Fundable further and higher education",
  "text": "(1) In this Act (subject to subsection (2)), “fundable further education” means any programme of learning (which is not school education within the meaning of the 1980 Act) which—\n(a) prepares a person for a vocational qualification;\n(b) prepares a person for—\n(i) a qualification awarded by Qualifications Scotland; or\n(ii) a General Certificate of Education qualification of England and Wales or Northern Ireland;\n(c) prepares a person for access to a course of fundable higher education;\n(d) is designed to assist persons whose first language is not English to achieve any level of competence in English language;\n(e) provides instruction for persons who are participating in a programme of learning referred to in this subsection and who have support needs; or\n(f) prepares a person for participation in any programme of learning referred to in this subsection.\n(2) In this Act, “fundable further education” also includes education of a type described in subsection (5)(b)(ii) to (iv) of section 1 (duty of education authorities to secure provision of education) of the 1980 Act.\n(3) In this Act, “fundable higher education” means any course of education which—\n(a) is a course at a higher level in preparation for a higher diploma or certificate;\n(b) is a first degree course;\n(c) is a course for the education and training of teachers;\n(d) is a course of post-graduate studies (including a higher degree course);\n(e) is a course at a higher level in preparation for a qualification from a professional body;\n(f) is a course at a higher level not referred to in any of paragraphs (a) to (e);\n(g) provides instruction for persons who are participating in a course of education referred to in this subsection and who have support needs; or\n(h) is designed predominantly to prepare a person for participation in any course of education referred to in this subsection.\n(4) For the purposes of subsection (3)(a), (e) and (f), a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses in preparation for examinations for—\n(a) the Scottish Vocational Qualification Level 3;\n(b) the Scottish Certificate of Education at Advanced Higher;\n(c) the General Certificate of Education of England and Wales or Northern Ireland at advanced level; or\n(d) Qualifications Scotland national certificate.\n(5) For the purposes of subsection (3)(d), post-graduate studies includes a course following the award of a higher diploma or certificate.\n(6) The Scottish Ministers may by order modify subsections (1) to (5).\n(7) Before making an order under subsection (6), the Scottish Ministers must consult the Council.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 5(1)(b)(i) substituted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 13(2)(a); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 5(4)(d) substituted (1.2.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 13(2)(b); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 in force at 3.10.2005 by S.S.I. 2005/419, art. 2(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2005/6/section/5",
    "retrieved_at": "2026-10-29T20:16:27.841262+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}