# Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026, Section 6: Duty to place conditions on funding: conflict of interest

Extent: S
Status: prospective

(1) The 2005 Act is modified as follows.
(2) After section 9E insert—
“Conflict of interest: disclosure
9F (1) The Scottish Ministers must, under section 9(2), impose a condition that the Council must, when making a payment to a fundable post-16 education body under section 12(1), require that the fundable post-16 education body has in place a conflict of interest policy that—
(a) requires each member of its governing body and each senior officer to declare any registerable interest,
(b) requires that a member of its governing body or senior officer withdraws from any meeting or decision-making process where they have a conflict of interest,
(c) ensures that the fundable post-16 education body has a register of interests that is—
(i) publicly accessible online,
(ii) updated within 28 days of any change, and
(iii) reviewed on an annual basis.
(2) For the purposes of subsection (1), a registerable interest includes—
(a) financial interests,
(b) shareholdings,
(c) remunerated consultancies,
(d) intellectual property interests, and
(e) close family relationships with contractors or commercial partners.
(3) The Scottish Ministers may by regulations amend the list of registerable interests in subsection (2).”.

---
Source: https://www.legislation.gov.uk/asp/2026/5/section/6 (the official version)
Page: https://openlegislation.uk/tertiary-education-and-training-funding-and-governance-scotland-act-2026/section-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.