Further and Higher Education (Scotland) Act 2005

2005 asp 6

An Act of the Scottish Parliament to make provision establishing the Scottish Further and Higher Education Funding Council and provision as to its functions; to make provision as to support for further and higher education; to make provision relating to bodies which provide further and higher education; and for connected purposes

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th April 2005 and received Royal Assent on 1st June 2005

Part 1Further and higher education etc.

Establishment of the Scottish Further and Higher Education Funding Council

I21Scottish Further and Higher Education Funding Council

1

There is established a body to be known as the Scottish Further and Higher Education Funding Council.

2

2

The Scottish Ministers are to do so—

a

by—

i

making grants to the Council under section 9 or 10 (or both); and

ii

such other means as they consider appropriate; and

b

to such extent as they may determine.

I55Fundable further and higher education

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—

a

prepares a person for a vocational qualification;

b

prepares a person for—

i

a qualification awarded by the Scottish Qualifications Authority; or

ii

a General Certificate of Education qualification of England and Wales or Northern Ireland;

c

prepares a person for access to a course of fundable higher education;

d

is designed to assist persons whose first language is not English to achieve any level of competence in English language;

e

provides instruction for persons who are participating in a programme of learning referred to in this subsection and who have support needs; or

f

prepares a person for participation in any programme of learning referred to in this subsection.

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.

3

In this Act, “fundable higher education” means any course of education which—

a

is a course at a higher level in preparation for a higher diploma or certificate;

b

is a first degree course;

c

is a course for the education and training of teachers;

d

is a course of post-graduate studies (including a higher degree course);

e

is a course at a higher level in preparation for a qualification from a professional body;

f

is a course at a higher level not referred to in any of paragraphs (a) to (e);

g

provides instruction for persons who are participating in a course of education referred to in this subsection and who have support needs; or

h

is designed predominantly to prepare a person for participation in any course of education referred to in this subsection.

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—

a

the Scottish Vocational Qualification Level 3;

b

the Scottish Certificate of Education at Advanced Higher;

c

the General Certificate of Education of England and Wales or Northern Ireland at advanced level; or

d

the Scottish Qualifications Authority national certificate.

5

For the purposes of subsection (3)(d), post-graduate studies includes a course following the award of a higher diploma or certificate.

6

The Scottish Ministers may by order modify subsections (1) to (5).

7

Before making an order under subsection (6), the Scottish Ministers must consult the Council.

I66Fundable bodies

F611

i

signing the accounts of the expenditure and receipts of the body;

ii

ensuring the propriety and regularity of the finances of the body; and

iii

ensuring that the resources of the body are used economically, efficiently and effectively;

c

procedures for—

i

assessing; and

ii

enhancing,

the quality of the activities funded by financial support given to the body by the Council;

d

procedures for considering and resolving any grievances arising from the carrying on of the body's activities;

e

provision for the purposes of—

i

planning for the carrying on of the body's activities; and

ii

development of the body's activities;

f

arrangements for making use of any credit and qualification framework promoted by the Council under section 14;

F24fa

arrangements for the purpose of seeking to ensure that the interests of the body's students are represented by a students' association;

g

arrangements for taking into account the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of the body;

h

arrangements for taking into account, when determining what programmes of learning and courses of education to provide, the range of fundable further education and fundable higher education provided at the other F64post-16 education bodies; F140...

F141ha

where the body is a regional strategic body, procedures and arrangements for the administration by the body of the funds mentioned in section 12A(2) and for the exercise of its other functions as a regional strategic body; and

i

provision, procedures or arrangements of such other kind as the Scottish Ministers may by regulations specify.

F1392A

Paragraph (ha) of subsection (2) applies only where the Council is considering whether to remove the entry relating to the body concerned from schedule 2.

3

When proposing or approving a modification under subsection (1) which adds to schedule 2 an entry relating to a body, the Council may make a recommendation to the Scottish Ministers as regards the application to the body of paragraph 92(1) of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11).

4

The Scottish Ministers may by order modify paragraphs (a) to F142(ha) of subsection (2).

5

The Scottish Ministers may issue guidance in relation to any of the matters referred to in paragraphs (a) to (i) of subsection (2).

6

Subsection (2) does not apply where the modification in question is required by reason only of a change of name of, or closure of, a body.

7AF44Regional colleges

1

The Scottish Ministers may by order designate as a regional college any college of further education whose board of management is (or is to be) established in pursuance of Part 1 of the 1992 Act.

2

Before making an order under this section, the Scottish Ministers must consult—

a

the board of management of the college to which the order relates (where that board is already established);

b

the representatives of any trade union which the college recognises or which otherwise appears to the Scottish Ministers to be representative of its staff;

c

the college's students' association;

d

the local authority for the area in which the college is situated;

e

the Council; and

f

any other person appearing to the Scottish Ministers as likely to be affected by the order.

1

The Scottish Ministers may by order assign colleges of further education to a regional strategic body.

2

An order may assign a college which is not, immediately before the order is made, either—

a

a fundable post-16 education body; or

b

c

makes any recommendations for action in consequence of those conclusions as it considers appropriate.

9

References in this Act to a regional strategic body's colleges are references to the governing bodies of the colleges assigned to it by an order under this section.

Nothing in subsections (7) and (8) affects the power to make an order under section 7C(1) in relation to a college of further education whose governing body is not so established.

to comply with any matters concerning regional strategic bodies generally as the Scottish Ministers may specify; or

in connection with their attending—

i

such programmes of learning as the Scottish Ministers may by order specify; or

ii

such courses of education as the Scottish Ministers may by order specify,

are equal to such fees as are, in relation to those persons attending those programmes and courses, payable under subsection (7).

7

For the purposes of subsection (6), the Scottish Ministers may (in relation to those persons attending those programmes and courses) by order—

a

specify, by reference to a particular academic year (“year A”), fees payable; and

b

make provision authorising the Scottish Ministers to determine, in relation to subsequent academic years, fees payable that are—

i

in each case, no higher than the fees specified by reference to year A; or

ii

in any case, higher than the fees specified by reference to year A provided that any increase in fees is no greater than is required in order to maintain the value in real terms of the fees specified by reference to year A.

8

A condition imposed on a fundable F69post-16 education body by virtue of subsection (5) is to make provision that is to apply if the fundable F69post-16 education body fails to comply with the requirement referred to in subsection (6).

9

A condition imposed on a fundable F70post-16 education body by virtue of subsection (5) does not apply in relation to any fees which are payable, in accordance with regulations under section 1 (fees at universities and further education establishments) of the Education (Fees and Awards) Act 1983 (c. 40), by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section.

10

The Scottish Ministers may not specify programmes or courses under subsection (6)(b) in such a way as to discriminate between different programmes or courses which are—

a

for the training of persons preparing to be teachers; and

b

c

any reasons for making, or not making, changes in light of the representations.

15

The body known as the National Union of Students Scotland is to be invited under subsection (13)(c)(ii) to make representations.

16

The Scottish Ministers may by order modify subsection (15).

17

For the purposes of subsection (7)(b)(ii), the Scottish Ministers may have regard to any retail price index.

9AF50Higher education institutions: good governance

The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a higher education institution under section 12(1), require the institution to comply with any principles of governance which appear to the Council to constitute good practice in relation to higher education institutions.

9BF51Further education institutions: good governance

1

The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment under section 12(1) to a college of further education which is a fundable post-16 education body, require it to comply with any principles of governance which appear to the Council to constitute good practice in relation to colleges of further education.

2

The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a regional strategic body under section 12(1), require it—

a

to comply with any principles of governance which appear to the Council to be appropriate in relation to such a body; or

b

to impose, when making a payment to any of its colleges under section 12B(1), a condition requiring the college to comply with any principles of governance which appear to the Council to constitute good practice in relation to colleges of further education.

9CF52Widening access to fundable higher education

1

The Scottish Ministers may, under section 9(2), impose terms and conditions for the purposes of enabling, encouraging or increasing participation in fundable higher education by persons belonging to any socio-economic group which they reasonably consider to be under-represented in such education.

2

The Scottish Ministers may, in particular, impose a condition that the Council, when making a payment to a higher education institution under section 12(1), must require the institution to comply with a widening access agreement which makes provision in relation to—

a

any socio-economic group which the Scottish Ministers reasonably consider to be under-represented in fundable higher education; and

b

other socio-economic groups, if any, which the Council and the institution agree are under-represented in fundable higher education.

3

A “widening access agreement” is an agreement between a higher education institution and the Council under which the institution is to take actions specified in the agreement for the purposes of enabling, encouraging or increasing participation in fundable higher education provided by the institution by persons belonging to socio-economic groups which are under-represented in fundable higher education (either generally or in such education provided by the institution).

for the training of persons preparing to be teachers; and

b

open only to persons holding a degree,

on the basis of the subject in which such training is given.

5

References in this section to the United Kingdom include references to the Channel Islands and the Isle of Man.

terms and conditions imposed under subsection (4),

may not be framed by reference to a particular F83post-16 education body.

I1111Administration of funds

1

The Council is, for the purposes of—

a

providing support (whether financial or otherwise) for the activities specified in subsection (3); F84...

F85aa

providing support (whether financial or otherwise) to regional strategic bodies; and

b

exercising its other functions,

responsible for administering the funds mentioned in subsection (2).

2

The funds are—

a

all grants made to it under sections 9 and 10; and

b

any other funds made available to it for those purposes.

3

The activities are—

a

the provision of fundable further education and fundable higher education by the fundable F86post-16 education bodies;

b

the undertaking of research among the fundable F87post-16 education bodies;

c

the—

i

provision of such facilities; and

ii

the carrying on of such other activities,

by the fundable F88post-16 education bodies or any other person as are necessary or desirable for the purposes of or in connection with an activity specified in paragraph (a) or (b);

d

the provision of services by the fundable F89post-16 education bodies or any other person for the purposes of or in connection with an activity specified in paragraph (a) or (b).

I1212Funding of fundable bodies

1

The Council may make grants, loans or other payments—

a

to the governing body of any fundable F90post-16 education body in respect of expenditure incurred or to be incurred by the body for the purposes of any of the activities specified in subsection (3)(a) and (b) of section 11;

b

to—

i

the governing body of any fundable F91post-16 education body; or

ii

all funds made available to it under section 12(1)(c); and

b

any other funds made available to it for those purposes.

3

The activities are—

a

the provision of fundable further education and fundable higher education by the regional strategic body's colleges;

b

the undertaking of research among those colleges;

c

the—

i

provision of such facilities; and

ii

carrying on of such other activities,

by those colleges or any other person as are necessary or desirable for the purposes of or in connection with an activity specified in paragraph (a) or (b);

d

the provision of services by those colleges or any other person for the purposes of or in connection with an activity specified in paragraph (a) or (b).

12BFunding of assigned colleges

1

A regional strategic body may make grants, loans or other payments—

a

to any of its colleges in respect of expenditure incurred or to be incurred by the college for the purposes of any of the activities specified in subsection (3)(a) and (b) of section 12A;

b

to—

i

any of its colleges; or

ii

any other person,

The Council is to secure that provision is made for—

a

assessing; and

b

enhancing,

the quality of fundable further education and fundable higher education provided by F95post-16 education bodies.

2

In exercising the function under subsection (1), the Council must, if it considers it appropriate to do so, consult such persons as appear to it to represent the interests of F96post-16 education bodies or any class of them.

13AF136Performance of regional strategic bodies

The Council is to secure that provision is made for—

a

assessing; and

b

enhancing,

the performance of regional strategic bodies.

I1414Credit and qualification framework

1

The Council is to promote the use by the fundable F97post-16 education bodies of such credit and qualification framework as it may adopt.

2

The Council must—

a

have regard to any representations about any particular credit and qualification framework, and about credit and qualification frameworks in general, made to it by—

i

the Scottish Ministers; F98...

ii

the governing body of any fundable F99post-16 education body; or

F100iii

any regional strategic body; and

b

so far as the Council considers appropriate, have regard to any representations about those matters made to it by any other person.

3

For the purposes of subsections (1) and (2), a “credit and qualification framework” is a system of evaluation relating to fundable further education and fundable higher education (as a whole) through which programmes of learning and courses of education may be compared and understood in relation to each other.

explains why it has reached those conclusions; and

c

makes any recommendations for action in consequence of those conclusions as it considers appropriate.

8

The Council, when conducting and reporting on a review, must have regard to the importance of ensuring that public funds provided for fundable further education and fundable higher education are used as economically, efficiently and effectively as possible.

I1515Efficiency studies

1

The Council may secure the promotion or carrying out of studies designed to improve economy, efficiency and effectiveness in the management or operations of any fundable body.

2

The governing body of a fundable body must—

a

provide any person promoting or carrying out studies by virtue of subsection (1) with such information; and

b

make available to the person for inspection such accounts and other documents,

as the person may reasonably require for the purposes of the studies.

I1616Council's right to address meetings

Where the Council is concerned about any matters relating to the financial support which a fundable body receives (or might receive) from the Council, a member of the Council is entitled to—

a

attend any meeting of the governing body of the fundable body; and

b

address the meeting on those matters.

I1717Advisory functions

1

The Council must provide the Scottish Ministers with such information, advice and assistance relating to the—

a

provision and funding of fundable further education and fundable higher education; and

b

undertaking of research at bodies which provide fundable further education or fundable higher education,

as the Scottish Ministers may reasonably require.

2

The Council may provide the Scottish Ministers with other information and advice relating to those matters whenever it considers it appropriate to do so.

3

Any information, advice or assistance under subsections (1) and (2) is to be provided in such manner as the Scottish Ministers may determine.

I1818Functions regarding certain property

1

The functions of the Scottish Ministers as respects the property to which this subsection applies are exercisable by the Council on their behalf to such extent and in such manner as the Scottish Ministers may require.

2

Subsection (1) applies to any land or other property—

a

which is or was used or held for the purposes of a fundable body F101or of any of a regional strategic body's colleges; and

b

in respect of which the Scottish Ministers—

i

are entitled to any right or interest; or

ii

would be so entitled on the occurrence of any event.

I1919Administration of certain support

1

After section 73 (power of Scottish Ministers to make grants to education authorities and others) of the 1980 Act there is inserted—

73ZAAdministration of certain sums
1
The Scottish Ministers may direct—
a
the Scottish Further and Higher Education Funding Council; or
b
any other body or person,
to administer any sums applied by the Scottish Ministers for a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act.
2
A body or person to whom a direction is given under subsection (1) above shall administer those sums—
a
in such manner and to such extent; and
b
subject to such conditions,
as the Scottish Ministers may in the direction specify.
3
The reference in subsection (1) above to a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act is a reference to that purpose only in so far as relating to support for persons—
a
undertaking; or
b
who have undertaken,
courses of education provided by fundable bodies.
4
In subsection (3) above, “fundable bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).

2

In section 73A (transfer or delegation of functions relating to student support) of that Act—

a

in subsection (3), for the words “73(f)” there is substituted “ 73(a), (c) or (f) ”;

b

in subsection (6)(a)(i)—

i

after the word “making” there is inserted “ payments, ”; and

ii

for the words “73(f)” there is substituted “ 73(a), (c) or (f) ”; and

c

after subsection (9) there is added—

10
The references in subsections (3) and (6)(a)(i) above to regulations under section 73(a) or (c) of this Act are references to those regulations only in so far as relating to support for persons—
a
undertaking; or
b
who have undertaken,
courses of education provided by fundable bodies.
11
In subsection (10) above, “fundable bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).

b

F1027

For the purposes of subsection (4A), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low.

8

9

The Council must consult the Scottish Ministers before determining—

a

which groups are to constitute “ socio-economic groups ” for the purposes of subsection (4A); and

b

whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education.

F10310

The Council is to inform each regional college and each regional strategic body of—

a

the needs and issues in relation to Scotland identified by the Council for the purposes of subsection (1); and

b

the under-represented socio-economic groups identified by the Council for the purposes of subsection (4A).

I2121Equal opportunities

1

The Council must exercise its functions in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

2

In subsection (1), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

promote such collaboration between post-16 education bodies and regional strategic bodies as it considers appropriate.

I2323General powers

1

The Council may (subject to subsections (2) to (9)) do anything that is necessary or expedient for the purpose of or in connection with the exercise of its functions, including in particular—

a

acquiring and disposing of land and other property;

b

entering into contracts;

c

investing sums not immediately required for the purpose of the discharge of its functions; and

d

accepting gifts of money, land or other property.

2

The Council may not borrow money.

3

The Council is not to––

a

give any guarantee or indemnity over or in respect of any property; or

b

create any trust or security over or in respect of any property,

without the written consent of the Scottish Ministers.

4

The Council is not to dispose of any property to which this subsection applies without the written consent of the Scottish Ministers.

5

Consent, for the purposes of subsection (3) or (4), may be given—

a

in respect of any case or class of case; and

b

subject to such conditions as the Scottish Ministers may determine.

6

Consent, for the purposes of subsection (4), is not required for a disposal of land which is or forms part of property to which that subsection applies if the disposal is in consequence of the compulsory acquisition (under any enactment) of the land.

7

But the Council is to inform the Scottish Ministers of the compulsory acquisition (under any enactment) of land which is or forms part of property to which subsection (4) applies.

8

Where property to which subsection (4) applies is disposed of, the Council is (after deduction of such expenses as appear to the Scottish Ministers to have been reasonably incurred in the disposal) to pay to the Scottish Ministers such portion of the proceeds or value of the consideration for the disposal as the Scottish Ministers may, after consultation with the Council, determine.

9

Subsection (4) applies to any property of the Council which has been acquired, improved or maintained wholly or partly, or directly or indirectly, out of—

a

funds provided by the Scottish Ministers under section 9 or 10; or

b

the proceeds of, or any consideration for, the disposal of any property so acquired, improved or maintained.

F56Regional colleges: functions

Annotations:

Amendments (Textual)

F56

Ss. 23A-23D and cross-heading inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 5(2), 23(2); S.S.I. 2014/21, art. 2, Sch. 1

23ARegional colleges: general duty

1

It is the duty of a regional college to exercise its functions with a view to securing the coherent provision of a high quality of fundable further education and fundable higher education in the locality of the regional college.

2

In doing so, the regional college must have regard to any fundable further education and fundable higher education provided by other post-16 education bodies in the locality of the regional college.

varying the description of any such person or type of person.

7

But such an order may not modify paragraph (a) or (b) of subsection (3).

to exist for the time being or be likely to exist in the future; and

b

to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education.

23DRegional college to have regard to particular matters

1

In exercising its functions, a regional college is to have regard to—

a

skills needs in the locality of the regional college;

b

issues affecting the economy of the locality of the regional college;

c

social and cultural issues in the locality of the regional college; and

d

the needs and issues in relation to Scotland identified by the Council for the purposes of section 20(1).

2

In exercising its functions, a regional college is to have regard to the desirability of the achieving of sustainable development.

3

In exercising its functions, a regional college is to have regard to the—

a

United Kingdom context; and

b

Amendments (Textual)

F137

S. 23P and cross-heading inserted (1.5.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 11(1), 23(2); S.S.I. 2014/79, art. 2(1), Sch. 1

23PRegional boards: constitution

Schedule 2B makes provision about the constitution of a regional board, about the general powers of such a board and about certain administrative and other matters with respect to such a board.

23QF138Mismanagement by regional boards

1

This section applies where it appears to the Scottish Ministers that a regional board—

a

has committed or is committing—

i

a serious breach of any term or condition of a grant made to it under section 12(1)(c); or

ii

repeated breaches of such terms or conditions;

b

has failed or is failing—

i

properly to discharge its responsibility for administering the funds made available to it under that section in respect of its colleges; or

ii

to discharge any of its duties properly; or

c

has mismanaged, or is mismanaging, its financial or other affairs.

2

Where this section applies, the Scottish Ministers may by order—

a

remove any or all of the members of the regional board; and

b

where a removed member was appointed under paragraph 3(2)(a) or (f) of schedule 2B, appoint another person in place of the removed member.

3

Before making an order under subsection (2)(a), the Scottish Ministers must consult the Council.

4

The Scottish Ministers must give notice of exercise of the power of removal conferred by subsection (2)(a) to the board and the member.

5

An appointment made under subsection (2)(b) has effect as if made under the provision of paragraph 3 of schedule 2B under which the removed member was appointed.

23RF45Establishment and abolition of regional boards: supplemental

but may not relate to a particular F115post-16 education body or to a particular regional strategic body.

I2525Directions where financial mismanagement

1

The Scottish Ministers are, if it appears to them that the financial affairs of a F116post-16 education body or regional strategic body have been or are being mismanaged, to give the Council such directions about the provision of financial support for the activities carried on by the F117... body as they consider are necessary or expedient by reason of the mismanagement.

F1181A

A direction made under subsection (1) in relation to any of a regional strategic body's colleges may, in particular, require the Council to provide such financial support to the regional strategic body as may be specified in the direction (subject to such terms and conditions as may be so specified).

2

Before giving directions under this section, the Scottish Ministers must consultF119—

a

the Council;

b

the body to which the direction relates; and

c

where that body is assigned to a regional strategic body by an order made under section 7C(1), the regional strategic body.

3

The Council must comply with directions given to it under this section.

25AF133Provision of information

b

any entitlements or privileges enjoyed,

by the relevant person at the F121post-16 education body.

3

In this section, a “relevant person” is a person who is engaged in—

a

teaching, or the provision of learning, at a F122post-16 education body; or

b

research at a F123post-16 education body.

4

For the purposes of this section, “academic freedom” includes freedom (within the law) to—

a

hold and express opinion;

b

question and test established ideas and received wisdom; and

c

present controversial or unpopular points of view.

26AF132 Equal opportunities: post-16 education bodies etc.

1

Every post-16 education body and regional strategic body must, when making appointments to its governing body or exercising any of its other functions, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements.

2

In subsection (1), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998.

I2727Remit of the Scottish Public Services Ombudsman

1

In section 3 (persons liable to be investigated) of the Scottish Public Services Ombudsman Act 2002 (asp 11)—

a

in subsection (1), for the words “and 2” there is substituted “ , 2 and 3 ”; and

b

after subsection (6) there is added—

7
Her Majesty may by Order in Council amend Part 3 of schedule 2 so as to—
a
modify any entry in it,
b
remove any entry from it, or
c
add to it any entry relating to a person, or class of persons, providing fundable further education or fundable higher education (within the meaning of the Further and Higher Education (Scotland) Act 2005 (asp 6)).
8
An Order in Council under subsection (7) adding an entry to that Part of that schedule relating to a person, or class of persons, whose business (whether commercial, charitable or otherwise) includes matters other than the activities which fundable bodies (within the meaning of that Act) generally carry on—
a
must, as regards that person or class, provide for this Act to apply only in relation to those activities; and
b
may do so subject to such modifications or exceptions as may be specified in the Order in Council.
9
No recommendation to make an Order in Council under subsection (7)(c) is to be made to Her Majesty unless every person to whom the Order relates has been consulted.

2

In section 24 (Orders in Council: general) of that Act, in subsection (2) after the words “3(2)” there is inserted “ or (7) ”.

3

In schedule 2 (listed authorities) of that Act, after Part 2, there is added—

Part 3Other entries amendable by Order in Council
92Further and Higher Education
1
Any fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 (asp 6).
2
Sub-paragraph (1) does not include the Open University (so far as it is a fundable body).
93
The Scottish Agricultural College.

4

In schedule 4 (matters which the Ombudsman must not investigate) of that Act, after paragraph 10, there is inserted—

10A
Action taken by or on behalf of any body falling within Part 3 of schedule 2 in the exercise of academic judgement relating to an educational or training matter.

I2828Inspection of accounts

1

The Auditor General for Scotland may, at any reasonable time, inspect the accounts and accounting records of any fundable body F124or of any of a regional strategic body's colleges.

2

But the function under subsection (1) is exercisable only in relation to accounts and records which relate to a financial year in which expenditure to which this subsection applies is incurred.

3

Subsection (2) applies to expenditure which has been funded (in whole or part) by payments made by the Council under section 12 F145or, as the case may be, by a regional strategic body under section 12B.

I2929Educational use of certain property

1

In section 25 (closure of colleges and dissolution of boards of management) of the 1992 Act—

a

after subsection (1) there is inserted—

1A
An order made for the purpose mentioned in subsection (1)(a) above—
a
shall include provision for the property and rights of the board of management to transfer to and vest in a charity; and
b
may include provision for the liabilities and obligations of the board of management to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.
1B
An order made for the purpose mentioned in subsection (1)(b) above may include provision—
a
for the property and rights of the board of management to transfer to and vest in a charity; and
b
for the liabilities and obligations of the board of management to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.

b

in subsection (2), paragraph (a) is repealed;

c

in subsection (7), for the words from “under” to “sub-paragraph” in the second place where it occurs there is substituted “ as mentioned in subsection (1A) or (1B) above shall not contain provision for transferring and vesting property, rights, liabilities or obligations unless the body or person to whom the transfer is being made (apart from the Scottish Ministers) ”; and

d

after subsection (7) there is added—

8
All property and rights vested in a charity by virtue of an order as mentioned in subsection (1A) or (1B) above shall be applied for the purpose of the advancement of education.
9
In this section, a “charity” means a body entered in the Scottish Charity Register.

2

In section 47 (closure of institutions) of that Act—

a

after subsection (1) there is inserted—

1A
An order under subsection (1) above—
a
shall include provision for the property and rights of the institution to transfer to and vest in a charity; and
b
may include provision for the liabilities and obligations of the institution to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.

b

in subsection (2), paragraph (a) is repealed; and

c

after subsection (7) there is added—

8
An order as mentioned in subsection (1A) above shall not contain provision for transferring and vesting property, rights, liabilities or obligations unless the body or person to whom the transfer is being made (apart from the Scottish Ministers) has consented to the transfer and vesting.
9
All property and rights vested in a charity by virtue of an order as mentioned in subsection (1A) above shall be applied for the purpose of the advancement of education.
10
In this section, a “charity” means a body entered in the Scottish Charity Register.

I3030Change of name by certain bodies

In section 3 (powers of the Scottish Ministers) of the 1992 Act, for subsection (4) there is substituted—

4
The governing body (within the meaning of Part II of this Act) of a college of further education may, with the consent of the Scottish Ministers, change the name of the college or of the governing body.

I3131Information about recorded children

A F125post-16 education body must provide a local authority with such information or advice as the authority may reasonably require for the purposes of the exercise by the authority of its functions under section 65B (provision for recorded children) of the 1980 Act.

Part 2General

I3232Amendment of enactments

Schedule 3 amends enactments for the purposes of and in consequence of this Act.

33Ancillary provision

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in consequence of this Act.

34Orders and regulations

1

Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.

2

Any such power includes power to make—

a

such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and

b

different provision for different purposes.

3

A statutory instrument containing an order or regulations under this Act, apart from an order under section 36(2), is (except where subsection (4) applies) subject to annulment in pursuance of a resolution of the Parliament.

4

A statutory instrument containing—

a

regulations under section 7(2)(i);

b

an order under section 5(6), F257(4) or 9(6) or (7); F26...

F46ba

an order under section 7(1) (other than an order which is made only in consequence of a body changing its name or being closed);

bb

an order under section 7B(2)(a) which establishes a regional board;

bc

an order under section 7B(2)(b) which adds or removes an entry (but not including an order which removes an entry relating to a body which has been closed, wound up or has otherwise ceased to exist);

bd

an order under section 7C(1) for which a proposal or approval under section 7C(2) is required;

be

an order under section 9D(2) (other than an order which does no more than increase the amount specified in a previous order by an amount that is no greater than the amount which the Scottish Ministers, having had regard to any retail price index, consider is required in order to maintain the value of the previously specified amount in real terms);

bf

an order under section 23O(11);

c

an order under section 33 which amends an ActF146; or

ca

an order under paragraph 18 of schedule 2B (other than an order which does no more than vary the minimum number of members of a regional board or vary the maximum number of members which may be appointed in pursuance of paragraph 3(2)(f)),

is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

35Interpretation

1

In this Act—

“the 1980 Act” means the Education (Scotland) Act 1980 (c. 44);
“the 1992 Act” means the Further and Higher Education (Scotland) Act 1992 (c. 37);
F41college of further education ” means the governing body of a body—
1. a
  by which fundable further education or fundable higher education is provided; and
2. b
  which is not a higher education institution;
“the Council” means the Scottish Further and Higher Education Funding Council;
“fundable body” is to be construed in accordance with section 6(2);
“fundable further education” is to be construed in accordance with section 5(1) and (2);
“fundable higher education” is to be construed in accordance with section 5(3);
F42 “ fundable post-16 education body ” is to be construed in accordance with section F1276(1);
“ higher education institution ” means an institution which is—
1. a
  a university; or
2. b
  a designated institution (within the meaning of section 44(2) of the 1992 Act);
“ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
“ the Parliament ” means the Scottish Parliament.
F43 “ post-16 education body ” means—
1. a
  any fundable post-16 education body; and
2. b
  any college of further education assigned to a regional strategic body by order made under section 7C(1);
“ recognised ”, in relation to a trade union, has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992;
“ regional board ” is to be construed in accordance with section 7B(1)(b);
“ regional college ” means a college of further education designated as a regional college by order made under section 7A(1);
“ regional strategic body ” is to be construed in accordance with section 7B(1)(a);

2

In this Act, any reference to the governing body of a F128... body means—

a

in the case of a F128... body conducted by a body corporate, that body corporate;

b

in the case of a F128... body not falling within paragraph (a), the executive body which has responsibility for the management and administration of the revenue and property of the F128... body and the conduct of its affairs;

c

in the case of any other F128... body not falling within paragraph (a) or (b) for which the Scottish Ministers by regulations or the Privy Council by order has constituted a governing body, that governing body; and

d

in any other case, any board of governors of the F128... body or any person responsible for the management of the F128... body, whether or not formally constituted as a governing body or board of governors.

F1263

In this Act—

a

any reference to the locality of a college of further education is a reference to any locality in which the college provides fundable further education or fundable higher education (other than by way of distance or open learning); and

b

any reference (other than in sections 23A and 23E) to the locality in which fundable further education or fundable further education is provided does not include reference to any such education which is provided by way of distance or open learning.

36Short title and commencement

1

This Act may be cited as the Further and Higher Education (Scotland) Act 2005.

2

This Act, except sections 33 to 35 and this section, comes into force on such day as the Scottish Ministers may by order appoint.

3

Different days may be so appointed for different provisions and for different purposes.

SCHEDULE 1The Scottish Further and Higher Education Funding Council

(introduced by section 1)

Status

I331

1

The Council is a body corporate.

2

The Council—

a

is not a servant or agent of the Crown;

b

has no status, immunity or privilege of the Crown,

has been absent from meetings of the Council for a period longer than 6 consecutive months without the permission of the Council; or

b

is otherwise unable or unfit to discharge the functions of a member,

the Scottish Ministers may by giving notice in writing to the member remove the member from office.

6

A person is, on ceasing to be a member, eligible for reappointment.

I353

the Scottish Ministers are to make the first appointment of the chief executive of the Council on such terms and conditions as the Scottish Ministers may determine.

5

Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed by the Council on such terms and conditions as the Council may, with such approval, determine.

Other staff

I397

1

All staff employed, immediately before the coming into force of this paragraph, by—

a

the Scottish Higher Education Funding Council;

b

the Scottish Further Education Funding Council; and

c

those Councils jointly,

are transferred to the employment of the Council.

2

The Council may (subject to any directions given under sub-paragraph (3)) appoint such other employees on such terms and conditions as the Council may determine.

3

The Scottish Ministers may give directions to the Council as regards the appointment of employees under sub-paragraph (2) and as regards terms and conditions of their employment.

Continuity of employment etc.

I408

1

The contract of employment of a person transferred by virtue of paragraph 6(2) or 7(1)—

a

is not terminated by the transfer; and

b

has effect from the date of transfer as if originally made between the person and the Council.

2

Without prejudice to sub-paragraph (1), where a person is transferred to the employment of the Council by virtue of paragraph 6(2) or 7(1)—

a

all the rights, powers, duties and liabilities of the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council under or in connection with the person's contract of employment are transferred to the Council on the date of transfer; and

b

anything done before that date by or in relation to the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in respect of the person or that contract is to be treated from that date as having been done by or in relation to the Council.

3

Paragraphs 6(2) and 7(1) and sub-paragraphs (1) and (2) of this paragraph do not affect any right of any person to terminate the person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of the person's employer changes by virtue of those provisions.

Transfer of property and liabilities

I419

1

All property (including rights) and liabilities, subsisting immediately before the coming into force of this paragraph, of—

a

the Scottish Higher Education Funding Council; and

b

the Scottish Further Education Funding Council,

are transferred to, and vest in, the Council.

a

the composition of the skills committee; and

b

the committee's functions.

I4412

1

The Council must establish a committee (a “research committee”) for the purposes of advising the Council on matters concerning research.

2

The Council is to appoint one of its members to chair meetings of the research committee.

3

In appointing members of the research committee, the Council is to have regard to the desirability of including persons who—

a

have experience, and have shown capacity, relating to research or the application of research; and

b

are currently engaged in research or the application of research.

I4513

The Council may establish other committees for any purposes relating to its functions.

I4614

1

The Council is to—

a

subject to paragraphs 11(2) and (3) and 12(2) and (3), determine the composition of its committees;

b

determine the terms and conditions of committee membership; and

c

determine the procedure (including any quorum) of its committees.

2

Any of the committees of the Council may include persons who are not members of the Council.

3

The Council is to pay to the members of its committees (whether or not they are also members of the Council) such allowances as the Scottish Ministers may determine.

4

The Council is to keep under review the structure of its committees and the scope of the activities of each.

Delegation of functions

I4715

1

The Council may authorise—

a

the chief executive;

b

the chairing member; or

c

any of its committees,

to exercise such of its functions to such extent as it may determine.

2

Sub-paragraph (1) does not affect the responsibility of the Council for the exercise of its functions.

Participation of Scottish Ministers at meetings

I4816

A representative of the Scottish Ministers is entitled to participate in any deliberations (but not in decisions) at meetings of the Council or of any committee of the Council.

Accounts

I4917

1

The Council must—

a

keep proper accounts and accounting records;

b

prepare in respect of each financial year a statement of accounts; and

c

send the statement of accounts to the Scottish Ministers,

in accordance with such directions as the Scottish Ministers may give.

2

The Scottish Ministers must send the statement of accounts to the Auditor General for Scotland for auditing.

Reports and information

I5018

1

As soon as practicable after the end of each financial year, the Council must prepare a report on its activities during that year and must—

a

send a copy of the report to the Scottish Ministers; and

b

publish the report,

in accordance with such directions as the Scottish Ministers may give.

2

The Scottish Ministers must lay a copy of the report before the Parliament.

3

The Council must provide the Scottish Ministers with such other information (including information in the form of a document) relating to the exercise of its functions as the Scottish Ministers may reasonably require.

I51 I51SCHEDULE 2Fundable bodies

(introduced by section 6)

Annotations:

Commencement Information

I51

Sch. 2 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)

Institutions formerly eligible for funding by the Scottish Further Education Funding Council

F27...
F27...
F27...
F27...
F28Ayrshire College
F29...
F29...
Borders College
F29...
F29...
F21City of Glasgow College
F23...
F4...
F29...
Coatbridge College
F29...
Dumfries and Galloway College
F30Dundee and Angus College
F31Edinburgh College
F32...
F33Fife College
F5...
F6...
F1Forth Valley College of Further and Higher Education
F34Glasgow Clyde College
Glasgow Kelvin College
F7...
F8...
F23...
F23...
F9...
Inverness College
F35...
F35...
F35...
F35...
F35...
F11...
Lews Castle College
Moray College
F36New College Lanarkshire
Newbattle Abbey College
F37North East Scotland College
F38...
The North Highland College
F38...
Orkney College
Perth College
F38...
Sabhal Mòr Ostaig
Shetland College
South Lanarkshire College
F38...
F38...
F39West College Scotland
F22 West Highland College UHI
West Lothian College

Institutions formerly eligible for funding by the Scottish Higher Education Funding Council

F12...
F23...
F16Edinburgh Napier University
Glasgow Caledonian University
Glasgow School of Art
Heriot-Watt University
F17...
The Open University (so far as carrying on activities in or as regards Scotland)
F10Queen Margaret University, Edinburgh
F2...
F20Royal Conservatoire of Scotland
F18...
University of Aberdeen
University of Abertay Dundee
University of Dundee
University of Edinburgh
University of Glasgow
F19University of the Highlands and Islands
F13...
University of St. Andrews
University of Stirling
University of Strathclyde
F14University of the West of Scotland

F3Other institutions

Annotations:

Amendments (Textual)

Words in Sch. 2 added (30.9.2006) by Fundable Bodies (Scotland) Order 2006 (S.S.I. 2006/480) , arts. 1 , 2(b) (with art. 3 )

F40

Word in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(n)

The Robert Gordon University, (as established by the Robert Gordon University (Establishment) (Scotland) Order 2006).

F40SRUC

F131SCHEDULE 2ARegional strategic bodies

(introduced by section 7B(1))

Annotations:

Amendments (Textual)

F131

Sch. 2A inserted (3.3.2014 for specified purposes, 1.5.2014 for specified purposes, 1.8.2014 for specified purposes) by Post-16 Education (Scotland) Act 2013 (asp 12) , ss. 8(2) , 23(2) ; S.S.I. 2014/21, art. 2 , Sch. 1; S.S.I. 2014/79, art. 2(1), Sch. 1; S.S.I. 2014/144, art. 2

PART 1Regional boards

Regional Board for Glasgow Colleges
Regional Board for Lanarkshire Colleges

PART 2Other regional strategic bodies

University of the Highlands and Islands

F134SCHEDULE 2BRegional boards

(introduced by section 23P)

Annotations:

Amendments (Textual)

F134

Sch. 2B inserted (1.5.2014 for the insertion of sch. 2B paras. 1, 2, 3 (in part), 6 (in part), 7 (in part), 8, 9 (in part), 10-12, 14-18, 1.8.2014 in so far as not already in force) by Post-16 Education (Scotland) Act 2013 (asp 12), ss. 11(2), 23(2); S.S.I. 2014/79, art. 2(1)(2)(3), Sch. 1, 2 (with art. 3)

Regional boards

b

has no status, immunity or privilege of the Crown,

d

in the case of rules about elections in pursuance of paragraph 4(3), the students' associations of each of its colleges.

Disqualification from membership

6

1

A person is not eligible for appointment as a member of the board if the person—

a

b

the terms and conditions of membership of any committee; and

c

the procedure (including any quorum) of any committee.

3

A committee may include persons who are not members of the board (but such persons are not to be entitled to participate in making decisions).

4

The board is to pay to the members of its committees (whether or not they are also members of the board) such allowances as the Scottish Ministers may determine.

Participation at meetings

13

Unless the chairing member determines otherwise, a person who is the principal of one of the board's colleges but who is not a board member is entitled to participate in any deliberations (but not in making decisions) at meetings of the board.

General powers

14

1

The board may (subject to sub-paragraphs (2) to (9)) do anything that is necessary or expedient for the purpose of or in connection with the exercise of its functions, including in particular—

a

acquiring and disposing of land and other property;

b

entering into contracts;

c

investing sums not immediately required for the purpose of the discharge of its functions;

d

accepting gifts of money, land or other property;

e

forming or promoting (whether alone or with another) companies under the Companies Act 2006.

2

The board may not borrow money.

3

The board is not to––

a

give any guarantee or indemnity over or in respect of any property; or

b

create any trust or security over or in respect of any property,

without the written consent of the Scottish Ministers.

4

The board is not to dispose of any property to which this sub-paragraph applies without the written consent of the Scottish Ministers.

5

Consent, for the purposes of sub-paragraphs (3) or (4), may be given—

a

in respect of any case or class of case; and

b

subject to such conditions as the Scottish Ministers may determine.

6

Consent, for the purposes of sub-paragraph (4), is not required for a disposal of land which is or forms part of property to which that sub-paragraph applies if the disposal is in consequence of the compulsory acquisition (under any enactment) of the land.

7

But the board is to inform the Scottish Ministers of the compulsory acquisition (under any enactment) of land which is or forms part of property to which sub-paragraph (4) applies.

8

Where property to which sub-paragraph (4) applies is disposed of, the board is (after deduction of such expenses as appear to the Scottish Ministers to have been reasonably incurred in the disposal) to pay to the Scottish Ministers such portion of the proceeds or value of the consideration for the disposal as the Scottish Ministers may, after consultation with the board, determine.

9

Sub-paragraph (4) applies to—

a

any property which has been acquired, improved or maintained wholly or partly, or directly or indirectly, out of funds provided by the Council under section 12; and

b

any proceeds of, or any consideration for, the disposal of any such property.

Goods and services

15

The board may, for the purposes of providing support for the provision of fundable further education or fundable higher education, provide (and make charges in respect of the provision of) goods or services—

a

to any of its colleges;

b

to any other post-16 education body;

such other persons as they consider appropriate.

SCHEDULE 3Amendment of enactments

(introduced by section 32)

Superannuation Act 1972 (c. 11)

I52 1

In the Superannuation Act 1972, in Schedule 1(kinds of employment, etc. referred to in section 1) the entries relating to—

a

the Scottish Further Education Funding Council;

b

the Scottish Higher Education Funding Council; and

c

a body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992,

are repealed.

House of Commons Disqualification Act 1975 (c. 24)

I53 2

In the House of Commons Disqualification Act 1975, in Part III of Schedule 1(disqualifying offices) the entries relating to—

a

the Scottish Further Education Funding Council; and

b

the Scottish Higher Education Funding Council,

are repealed.

Sex Discrimination Act 1975 (c. 65)

I54 3

In the Sex Discrimination Act 1975, section 23B is repealed.

Race Relations Act 1976 (c. 74)

I55 4

In the Race Relations Act 1976—

a

section 18B; and

b

in Schedule 1A(bodies and other persons subject to general statutory duty), the entries relating to—

i

the Scottish Further Education Funding Council; and

ii

the Scottish Higher Education Funding Council,

are repealed.

Education Reform Act 1988 (c. 40)

I56 5

In section 235 (general interpretation) of the Education Reform Act 1988, in subsection (5A), for the words “Scottish Higher Education Funding Council” there is substituted “ Scottish Further and Higher Education Funding Council ” .

Further and Higher Education (Scotland) Act 1992 (c. 37)

I57 6

1

In the 1992 Act—

a

in section 3 (powers of Scottish Ministers), in subsection (1), the words from “shall” to “he” are repealed;

b

in section 12 (boards of management)—

i

in subsection (1), for the words from “of” in the second place where it occurs to the end there is substituted “ of managing and conducting their college. ” ; and

ii

in subsection (3), the words “over school age” are repealed;

c

in section 44 (designation of institutions), in subsection (1), for the words from “by” in the first place where it occurs to the end there is substituted “ , for the purposes of this Part of this Act, by order designate any institution providing higher education (whether or not it also provides education of any other kind or carries on any other activities). ” ; and

d

in section 61 (interpretation), after the words “1980;” in the second place where they occur there is inserted—

“ the Council ” means the Scottish Further and Higher Education Funding Council;

2

In that Act—

a

section 1(1) and (2) and (4) to (6);

b

sections 4, 7 to 10, 22, 23, 37, 39 to 43, 50, 51, 53, 54 and 59A;

c

Schedules 1 and 7; and

d

paragraphs 4(3) and 5(3) of Schedule 9,

are repealed.

Teaching and Higher Education Act 1998 (c. 30)

I58 7

In the Teaching and Higher Education Act 1998—

a

section 37 (joint exercise of functions of funding council in Scotland); and

b

in paragraph 2 of Schedule 3 (minor and consequential amendments), the entry relating to a body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992,

are repealed.

Public Finance and Accountability (Scotland) Act 2000 (asp 1)

I59 8

In the Public Finance and Accountability (Scotland) Act 2000, in paragraph 11 of schedule 4 (modification of enactments), sub-paragraphs (2) and (4) are repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

I60 9

In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies)—

a

after the entry relating to the Scottish Environment Protection Agency there is inserted— “ The Scottish Further and Higher Education Funding Council ” ; and

b

the entries relating to—

i

the Scottish Further Education Funding Council; and

ii

the Scottish Higher Education Funding Council,

are repealed.

Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)

F15 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish Public Services Ombudsman Act 2002 (asp 11)

I61 11

In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities)—

a

after paragraph 40 there is inserted—

40A
The Scottish Further and Higher Education Funding Council.

b

paragraphs 41 and 43 are repealed.

Freedom of Information (Scotland) Act 2002 (asp 13)

I62 12

In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

a

in paragraph 49, for the words “Scottish Higher Education Funding Council” there is substituted “ Scottish Further and Higher Education Funding Council ” ;

b

after paragraph 85 there is inserted—

85A
The Scottish Further and Higher Education Funding Council.

c

paragraphs 86 and 87 are repealed.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

I63 13

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

a

after the entry relating to the Scottish Environment Protection Agency there is inserted— “ Scottish Further and Higher Education Funding Council ” ; and

b

the entries relating to the—

i

Scottish Further Education Funding Council; and

ii

Scottish Higher Education Funding Council,

are repealed.

The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 ( S.I. 1998/2667)

I64 14

The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 ( S.I. 1998/2667) is revoked.