Part 1Further and higher education etc.
Fundable bodies: miscellaneous
I127Remit 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.