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.