Fundable bodies: miscellaneous
Section 26 Academic Freedom
43.This puts a duty on fundable bodies to have regard to the desirability of ensuring academic freedom for those involved in teaching, learning or research in relation to their appointment, or any entitlement or privileges they may enjoy. This includes the freedom (within the law) to hold and express opinions, question and test established ideas and received wisdom and present controversial or unpopular points of view.
Section 27 Remit of the Scottish Public Services Ombudsman
44.This extends the remit of the Ombudsman to include those bodies which are fundable bodies under schedule 2 of the Act, (with the exception of the Open University) and the Scottish Agricultural College (which is currently funded directly by Scottish Ministers and not through either of the existing Councils). The remit of the Ombudsman, however, does not apply to matters concerning academic judgement.
Section 28 Inspection of accounts
45.This makes provision for the Auditor General for Scotland to inspect the accounts and accounting records of any fundable body, provided this relates to a financial year in which expenditure has been funded by payments made to the Council under the powers to fund the Council in section 11 of the Act.
Section 29 Educational use of certain property
46.Subsection (1) amends section 25 of the 1992 Act to ensure that if Scottish Ministers use powers under section 25 to close a college and transfer all property, rights, liabilities or obligations to Ministers, then these must transfer to another charity and be applied for the purpose of the advancement of education.
47.Subsection (2) amends section 47 of the 1992 Act to ensure that if Scottish Ministers use powers under section 25 to close a higher education institution and transfer all property, rights, liabilities or obligations return to Ministers, then these must transfer to another charity and be applied for the purpose of the advancement of education.
Section 30 Change of name by certain bodies
48.This section amends section 3(4) of the 1992 Act so that colleges only require Ministerial consent to change name, in place of the power of Ministers to change name by order.
Section 31 Information about recorded children
49.This provides for the duty of fundable bodies to provide information to local authorities on recorded children, as required under the Education (Scotland) Act 1980. This section has been extended from section 23 of 1992 Act, and is extended from colleges to all fundable bodies.
