{
  "url": "https://openlegislation.uk/tertiary-education-and-training-funding-and-governance-scotland-act-2026/section-8",
  "json_url": "https://openlegislation.uk/tertiary-education-and-training-funding-and-governance-scotland-act-2026/section-8.json",
  "legislation": "asp/2026/5",
  "legislation_title": "Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026",
  "legislation_url": "https://openlegislation.uk/tertiary-education-and-training-funding-and-governance-scotland-act-2026",
  "path": "section/8",
  "kind": "section",
  "number": "8",
  "heading": "Duty to place conditions on funding: engagement with trade unions, students and external partners",
  "text": "(1) The 2005 Act is modified as follows.\n(2) After section 9G (as inserted by section 7(2)) insert—\n“Engagement with trade unions, students and external partners\n9H (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—\n(a) the fundable post-16 education body takes reasonable steps to inform and consult the persons mentioned in subsection (2) before implementing any decision that could significantly impact its—\n(i) provision for learners,\n(ii) levels of staffing, or\n(iii) financial sustainability,\n(b) the fundable post-16 education body must, where requested by the Council, submit a report to the Council in relation to a decision on—\n(i) the persons consulted,\n(ii) the issues raised by the persons consulted,\n(iii) whether and, if so, how the issues raised by the persons consulted were addressed,\n(iv) if the issues raised were not addressed, the reasons for not doing so.\n(2) The persons include—\n(a) recognised trade unions representing employees of the body,\n(b) organisations representing students of the body,\n(c) any external partners which may be impacted by the decision.”.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 8 not in force at Royal Assent, see s. 39(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2026/5/section/8",
    "retrieved_at": "2026-10-29T20:11:48.229867+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."
}