Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026

1. Introductory Text

2. Part 1 National funding strategy

   1. 1. National funding strategy

3. Part 2 Functions of the Scottish Further and Higher Education Funding Council

   1. General duties of the Council and the Scottish Ministers

      1. 2. General duty of the Council to secure high-quality learning

      2. 3. General duty of the Scottish Ministers to support delivery

   2. Review of credit-based funding model

      1. 4. Review of credit-based funding model

   3. Conditions of funding

      1. 5. Duty to place conditions on funding: transparency

      2. 6. Duty to place conditions on funding: conflict of interest

      3. 7. Duty to place conditions on funding: whistleblowing

      4. 8. Duty to place conditions on funding: engagement with trade unions, students and external partners

      5. 9. Duty to place conditions on funding: prevention of gender-based violence

   4. Funding for national training programmes

      1. 10. Funding for national training programmes

   5. Scottish apprenticeships

      1. 11. Scottish apprenticeships

   6. Funding for Scottish apprenticeships and work-based learning

      1. 12. Funding for Scottish apprenticeships and work-based learning

   7. Transitional measures

      1. 13. Statement on financial implications

   8. Information sharing

      1. 14. Information sharing

      2. 15. Requirement to promote proactive publication

   9. Notifications to the Council by post-16 education bodies

      1. 16. Notifications to the Council by post-16 education bodies

   10. Recommendations to fundable bodies

       1. 17. Recommendations to fundable bodies

   11. Monitoring of financial sustainability of post-16 education bodies

       1. 18. Financial sustainability of post-16 education bodies

   12. Guidance by the Council to fundable bodies

       1. 19. Guidance to fundable bodies

   13. Reporting by the Council

       1. 20. Reporting by the Council

   14. Exercise of functions by the Council

       1. 21. Duty to have regard to particular matters in exercise of functions

       2. 22. Consideration of skills needs and socio-economic issues

       3. 23. Consultation and collaboration with employers of apprentices and training providers

   15. Widening access to fundable further and higher education

       1. 24. Widening access to fundable further and higher education: sharing of information

   16. Amendment of lists of fundable bodies

       1. 25. Amendment of lists of fundable bodies in schedule 2 of 2005 Act

4. Part 3 Governance of the Council

   1. Membership of the Council

      1. 26. Appointment of members of the Council

      2. 27. Membership of the Council: interests of employers

      3. 28. Membership of the Council: number of members

      4. 29. Skills and experience of members of the Council

   2. Co-opted members of the Council

      1. 30. Co-opted members of the Council

   3. Apprenticeship committee

      1. 31. Apprenticeship committee

5. Part 4 Student support

   1. 32. Designation of private providers of higher and further education

   2. 33. Directions relating to student support

   3. 34. Transfer or delegation of functions relating to student support

6. Part 5 Review of Act

   1. 35. Review of operation of Act

7. Part 6 Final provisions

   1. 36. Interpretation

   2. 37. Ancillary provision

   3. 38. Regulation-making powers

   4. 39. Commencement

   5. 40. Short title