The Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (Commencement No. 1) Regulations 2026
S.S.I. 2026/261 · Made 15 September 2026
EDUCATION
Made 15th September 2026
Laid before the Scottish Parliament 17th September 2026
Coming into force 1st October 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 39(2) and (3)(b) of the Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Appointed day
- Signature
- Schedule: Appointed days
- 1Provisions of the Act coming into force on 1 October 2026
- 2Provisions of the Act coming into force on 1 January 2027
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (Commencement No. 1) Regulations 2026 and come into force on 1 October 2026.
In these Regulations—
-
“the 2005 Act” means the Further and Higher Education (Scotland) Act 2005f1,
-
“the Act” means the Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026.
2Appointed day
1 October 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 1 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
1 January 2027 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 2 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
Where a purpose is specified in column 3 of the table in Part 1 of the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.
Signature
ALYN SMITH
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
15th September 2026
1Provisions of the Act coming into force on 1 October 2026
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject matter | Purpose |
| Section 2 | General duty of the Council to secure high-quality learning | |
| Section 3 | General duty of the Scottish Ministers to support delivery | |
| Section 10 | Funding for national training programmes | |
| Section 11 | Scottish apprenticeships | For the purpose of inserting sections 12E and 12F into the 2005 Act |
| Section 12 | Funding for Scottish apprenticeships and work-based learning | For all purposes with the exception of inserting section 12J(5) into the 2005 Act |
| Section 14 | Information sharing | |
| Section 16 | Notifications to the Council by post-16 education bodies | |
| Section 17 | Recommendations to fundable bodies | |
| Section 18 | Financial sustainability of post-16 education bodies | |
| Section 20 | Reporting by the Council | For all purposes with the exception of inserting section 19B(1)(b) into the 2005 Act |
| Section 21 | Duty to have regard to particular matters in exercise of functions | |
| Section 22 | Consideration of skills needs and socio-economic issues | |
| Section 23 | Consultation and collaboration with employers of apprentices and training providers | |
| Section 26 | Appointment of members of the Council | |
| Section 28 | Membership of the Council: number of members | |
| Section 30 | Co-opted members of the Council | |
| Section 31 | Apprenticeship committee |
2Provisions of the Act coming into force on 1 January 2027
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject matter |
| Section 27 | Membership of the Council: interests of employers |
| Section 29 | Skills and experience of members of the Council |
Explanatory note
(This note is not part of the Regulations)
These Regulations bring provisions of the Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (“the Act”) into force. The Bill for the Act received Royal Assent on 11 March 2026 and, by virtue of section 39 of the Act, Part 6 (sections 36, 37, 38, 39 and 40) came into force on 12 March 2026.
Regulation 2(1) and the schedule bring the provisions of the Act specified in column 1 of the table in Part 1 of the schedule into force on 1 October 2026. Where relevant, these provisions are brought into force for the purposes stated in column 3 of the table.
Regulation 2(2) and the schedule bring the provisions of the Act specified in column 1 of the table in Part 2 of the schedule into force on 1 January 2027.