Explanatory note

This Order establishes the Scottish Further Education Funding Council (“the Council”) (Article 3).

Article 4 of this Order authorises the Council to exercise on behalf of the Secretary of State certain of his functions under Part I of the Further and Higher Education (Scotland) Act 1992 (“the Act”) relating to further education. It can exercise his duty under section 1(1) of the Act (to secure adequate and efficient provision of further education in Scotland) so far as this can be done by use of the express powers and functions which it is authorised to exercise. These express powers and functions are the functions under section 4 of the Act (funding of further education), the power under section 3(1) to do all that is necessary or expedient for the purposes of the exercise of the duty under section 1 (but not including the powers to establish, merge and close colleges, which are reserved to the Secretary of State), the power to give consent in relation to the matters specified in section 12(7)(a) (borrowing money, giving any guarantee or indemnity or creating any trust of security by Boards of Management over or in respect of any of their property) and the power to give consent under section 18 (disposal of certain property by Boards of Management).

Part IV contains provisions regulating the terms of office and removal of members of the Council and the payments made to them, supplementing Schedule 1 to the Act.

Part V provides for the appointment, and terms and conditions of employment, of the chief officer of the Council. He must also be a member of the Council.

Part VI provides for the appointment, and terms and conditions of employment, of staff, other than the chief officer (Article 9). It also provides for the superannuation of all employees of the Council (Article 10).

Part VII regulates the proceedings of the Council. It contains provision enabling the Council to establish committees (Article 14) and to delegate functions to such committees, the Chairman of the Council or the chief officer (Article 15).