- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/03/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/05/2014
Point in time view as at 03/03/2014.
There are currently no known outstanding effects for the Further and Higher Education (Scotland) Act 2005.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(introduced by section 1)
1(1)The Council is a body corporate.S
(2)The Council—
(a)is not a servant or agent of the Crown;
(b)has no status, immunity or privilege of the Crown,
and its property is not to be regarded as property of, or held on behalf of, the Crown.
Commencement Information
I1 Sch. 1 para. 1 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
2(1)The Council is to consist of the following members—S
(a)the person holding the post of chief executive;
(b)a person appointed by the Scottish Ministers to chair meetings of the Council (the “chairing member”); and
(c)no fewer than 11 nor more than 14 other members appointed by the Scottish Ministers.
(2)Each member (apart from the chief executive) is to be appointed for a period not exceeding 4 years.
(3)The Scottish Ministers may, on the expiry of a period of appointment of a member (apart from the chief executive), extend that appointment for a single further period not exceeding 4 years.
(4)A member (apart from the chief executive)—
(a)may by giving notice in writing to the Scottish Ministers resign office as a member of the Council; and
(b)otherwise, holds and vacates office in accordance with the terms and conditions of appointment.
(5)If the Scottish Ministers are satisfied that a member (apart from the chief executive)—
(a)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.
Commencement Information
I2 Sch. 1 para. 2 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
3(1)In appointing members, the Scottish Ministers are to have regard to the desirability of including—S
(a)persons who—
(i)have experience of, and have shown capacity in, the provision of fundable further education or fundable higher education; or
(ii)have held, and have shown the capacity in, any position carrying the responsibility for the provision of such education;
(b)persons who have experience of, and have shown capacity in industrial, commercial or financial matters or the practice of any profession; and
(c)persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of the Council's functions.
(2)In appointing members, the Scottish Ministers are also to have regard to the desirability of—
(a)including persons who are currently engaged in the provision of, or carrying responsibility for the provision of, fundable further education or fundable higher education; and
(b)the membership of the Council (taken as a whole) having experience of, and having shown capacity in, a broad range of such education.
(3)In appointing members, the Scottish Ministers are also 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.
Commencement Information
I3 Sch. 1 para. 3 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
4[F1(1)A person is disqualified from appointment, and from holding office, as a member of the Council if that person is—S
(a)a member of the House of Lords;
(b)a member of the House of Commons;
(c)a member of the Scottish Parliament;
(d)a member of the European Parliament; or
(e)disqualified from election as a member of the Scottish Parliament or as a member of a local authority.]
[F2(2)A person is disqualified from appointment as a member of the Council if that person—
(a)has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine;
(b)is an undischarged bankrupt; or
(c)has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board).
(3) For the purposes of sub-paragraph (2)(b), “ undischarged bankrupt ” means a person—
(a)whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force);
(b)who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it);
(c)who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986;
(d)who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts;
(e)who has been adjudged bankrupt (and has not been discharged); or
(f)who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world.
(4)A person is disqualified from holding office as a member of the Council if that person—
(a)is sentenced as mentioned in sub-paragraph (2)(a);
(b)has become a person to whom sub-paragraph (2)(b) applies; or
(c)is removed from office as mentioned in sub-paragraph (2)(c).]
Textual Amendments
F1Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(24)(a); S.S.I. 2014/21, art. 2, Sch. 1
F2Sch. 1 para. 4(2)-(4) inserted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(24)(b); S.S.I. 2014/21, art. 2, Sch. 1
Commencement Information
I4 Sch. 1 para. 4 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
5(1)The Council is to pay to its members (apart from the chief executive) such remuneration as the Scottish Ministers may in each case determine.S
(2)The Council is to pay to its members such allowances as the Scottish Ministers may in each case determine.
(3)The Council is, in respect of any person who is or has been a member (apart from the chief executive), to pay, or make such payments towards the provision of, such pensions, allowances and gratuities as the Scottish Ministers may in each case determine.
(4)Where a person ceases to be a member (apart from the chief executive), the Scottish Ministers may, in special circumstances, direct the Council to make to the person a payment of such amount of compensation as the Scottish Ministers may determine.
Commencement Information
I5 Sch. 1 para. 5 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
6(1)The Council is to employ a chief executive.S
(2)The person referred to in sub-paragraph (3) is (except where sub-paragraph (4) applies) transferred to the employment of, and becomes the first chief executive of, the Council.
(3)That person is the person who, immediately before the coming into force of this paragraph, holds (by virtue of section 59A(1) and (2)(a) of the 1992 Act) appointments as both—
(a)the chief officer of the Scottish Higher Education Funding Council; and
(b)the equivalent officer of the Scottish Further Education Funding Council.
(4)But if—
(a)there is no person holding both of those appointments immediately before coming into force of this paragraph; or
(b)the person holding both of those appointments immediately before the coming into force of this paragraph is unwilling, unable or unfit to be transferred to the employment of the Council,
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.
Commencement Information
I6 Sch. 1 para. 6 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
7(1)All staff employed, immediately before the coming into force of this paragraph, by—S
(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.
Commencement Information
I7 Sch. 1 para. 7 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
8(1)The contract of employment of a person transferred by virtue of paragraph 6(2) or 7(1)—S
(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.
Commencement Information
I8 Sch. 1 para. 8 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
9(1)All property (including rights) and liabilities, subsisting immediately before the coming into force of this paragraph, of—S
(a)the Scottish Higher Education Funding Council; and
(b)the Scottish Further Education Funding Council,
are transferred to, and vest in, the Council.
(2)Sub-paragraph (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
Commencement Information
I9 Sch. 1 para. 9 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
10(1)The Council may regulate its own procedure (including any quorum).S
(2)The validity of any proceedings of the Council is not affected by a vacancy in membership nor by any defect in the appointment of a member.
Commencement Information
I10 Sch. 1 para. 10 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
11(1)The Council must establish a committee (a “skills committee”) for the purposes of advising the Council on matters relating to skills.S
(2)The Council is to appoint one of its members to chair meetings of the skills committee.
(3)In appointing members of the skills committee, the Council is to have regard to any guidance issued to it under sub-paragraph (4)(a).
(4)The Scottish Ministers may issue to the Council guidance about—
(a)the composition of the skills committee; and
(b)the committee's functions.
Commencement Information
I11 Sch. 1 para. 11 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
12(1)The Council must establish a committee (a “research committee”) for the purposes of advising the Council on matters concerning research.S
(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.
Commencement Information
I12 Sch. 1 para. 12 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
13SThe Council may establish other committees for any purposes relating to its functions.
Commencement Information
I13 Sch. 1 para. 13 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
14(1)The Council is to—S
(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.
Commencement Information
I14 Sch. 1 para. 14 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
15(1)The Council may authorise—S
(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.
Commencement Information
I15 Sch. 1 para. 15 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
16SA 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.
Commencement Information
I16 Sch. 1 para. 16 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
17(1)The Council must—S
(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.
Commencement Information
I17 Sch. 1 para. 17 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
18(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—S
(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.
Commencement Information
I18 Sch. 1 para. 18 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
(introduced by section 6)
Commencement Information
I19 Sch. 2 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
F3...
F3...
F3...
F3...
[F4Ayrshire College]
F5...
F5...
Borders College
F5...
F5...
[F6City of Glasgow College]
F7...
F8...
F5...
Coatbridge College
F5...
Dumfries and Galloway College
[F9Dundee and Angus College]
[F10Edinburgh College]
F11...
[F12Fife College]
F13...
F14...
[F15Forth Valley College of Further and Higher Education]
[F16Glasgow Clyde College
Glasgow Kelvin College]
F17...
F18...
F7...
F7...
F19...
Inverness College
F20...
F20...
F20...
F20...
F20...
F21...
Lews Castle College
Moray College
[F22New College Lanarkshire]
Newbattle Abbey College
[F23North East Scotland College]
F24...
The North Highland College
F24...
Orkney College
Perth College
F24...
Sabhal Mòr Ostaig
Shetland College
South Lanarkshire College
F24...
F24...
[F25West College Scotland]
[F26 West Highland College UHI]
West Lothian College
Textual Amendments
F3 Words in Sch. 2 omitted (10.12.2013) by virtue of The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(a)
F4 Words in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(b)
F5 Words in Sch. 2 omitted (10.12.2013) by virtue of The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(c)
F6 Words in Sch. 2 inserted (1.8.2012) by The Fundable Bodies (Scotland) Order 2012 (S.S.I. 2012/216) , arts. 1 , 2(a)
F7 Words in Sch. 2 omitted (1.8.2012) by virtue of The Fundable Bodies (Scotland) Order 2012 (S.S.I. 2012/216) , arts. 1 , 2(d)
F8 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(a)
F9 Words in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(d)
F10 Words in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(e)
F11 Words in Sch. 2 omitted (10.12.2013) by virtue of The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(f)
F12 Words in Sch. 2 inserted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(g)
F13 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(b)
F14 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(c)
F15 Words in Sch. 2 inserted (1.1.2006) by Fundable Bodies (Scotland) Order 2005 (S.S.I. 2005/660) , arts. 1 , 2(b)
F16 Words in Sch. 2 inserted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(h)
F17 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(d)
F18 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(e)
F19 Words in Sch. 2 omitted (22.3.2007) by virtue of Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(f)
F20 Words in Sch. 2 omitted (10.12.2013) by virtue of The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(i)
F21 Words in Sch. 2 omitted (30.11.2007) by virtue of Fundable Bodies (Scotland) (No.2) Order 2007 (S.S.I. 2007/524) , arts. 1 , 2(c)
F22 Words in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(j)
F23 Words in Sch. 2 inserted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(k)
F24 Words in Sch. 2 omitted (10.12.2013) by virtue of The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(l)
F25 Words in Sch. 2 inserted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(m)
F26 Words in Sch. 2 inserted (1.8.2012) by The Fundable Bodies (Scotland) Order 2012 (S.S.I. 2012/216) , arts. 1 , 2(c)
F27...
F7...
[F28Edinburgh Napier University]
Glasgow Caledonian University
Glasgow School of Art
Heriot-Watt University
F29...
The Open University (so far as carrying on activities in or as regards Scotland)
[F30Queen Margaret University, Edinburgh]
F31...
[F32Royal Conservatoire of Scotland]
F33...
University of Aberdeen
University of Abertay Dundee
University of Dundee
University of Edinburgh
University of Glasgow
[F34University of the Highlands and Islands]
F35...
University of St. Andrews
University of Stirling
University of Strathclyde
[F36University of the West of Scotland]
Textual Amendments
F7 Words in Sch. 2 omitted (1.8.2012) by virtue of The Fundable Bodies (Scotland) Order 2012 (S.S.I. 2012/216) , arts. 1 , 2(d)
F27 Words in Sch. 2 omitted (30.11.2007) by virtue of Fundable Bodies (Scotland) (No.2) Order 2007 (S.S.I. 2007/524) , arts. 1 , 2(d)
F28 Words in Sch. 2 inserted (25.1.2009) by Fundable Bodies (Scotland) Order 2008 (S.S.I. 2008/412) , arts. 1(2) , 2(c)
F29 Sch. 2 entry omitted (25.1.2009) by virtue of Fundable Bodies (Scotland) Order 2008 (S.S.I. 2008/412) , arts. 1(2) , 2(d)
F30 Words in Sch. 2 substituted (22.3.2007) by Fundable Bodies (Scotland) Order 2007 (S.S.I. 2007/255) , arts. 1 , 2(h)
F31 Sch. 2 entry omitted (30.9.2006) by virtue of Fundable Bodies (Scotland) Order 2006 (S.S.I. 2006/480) , arts. 1 , 2(a) (with art. 3 )
F32 Words in Sch. 2 substituted (7.11.2011) by The Fundable Bodies (Royal Conservatoire of Scotland) Order 2011 (S.S.I. 2011/229) , arts. 1 , 2
F33 Words in Sch. 2 omitted (18.3.2011) by virtue of The Fundable Bodies (University of the Highlands and Islands) Order 2011 (S.S.I. 2011/227) , arts. 1 , 2(a)
F34 Words in Sch. 2 inserted (18.3.2011) by The Fundable Bodies (University of the Highlands and Islands) Order 2011 (S.S.I. 2011/227) , arts. 1 , 2(b)
F35 Words in Sch. 2 omitted (30.11.2007) by virtue of Fundable Bodies (Scotland) (No.2) Order 2007 (S.S.I. 2007/524) , arts. 1 , 2(e)
F36 Words in Sch. 2 inserted (30.11.2007) by Fundable Bodies (Scotland) (No.2) Order 2007 (S.S.I. 2007/524) , arts. 1 , 2(f)
Textual Amendments
F37 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 )
The Robert Gordon University, (as established by the Robert Gordon University (Establishment) (Scotland) Order 2006).]
[F38SRUC]
Textual Amendments
F38 Word in Sch. 2 substituted (10.12.2013) by The Fundable Bodies (Scotland) Order 2013 (S.S.I. 2013/319) , arts. 1 , 2(n)
(introduced by section 7B(1))
Textual Amendments
F39 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
Regional Board for Glasgow Colleges
Regional Board for Lanarkshire Colleges
University of the Highlands and Islands]
(introduced by section 32)
1 S 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.
Commencement Information
I20 Sch. 3 para. 1 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
2 SIn 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.
Commencement Information
I21 Sch. 3 para. 2 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
3 SIn the Sex Discrimination Act 1975, section 23B is repealed.
Commencement Information
I22 Sch. 3 para. 3 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
4 SIn 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.
Commencement Information
I23 Sch. 3 para. 4 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
5 S 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 ” .
Commencement Information
I24 Sch. 3 para. 5 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
6 (1)In the 1992 Act—S
(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.
Commencement Information
I25 Sch. 3 para. 6 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
7 SIn 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.
Commencement Information
I26 Sch. 3 para. 7 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
8 SIn the Public Finance and Accountability (Scotland) Act 2000, in paragraph 11 of schedule 4 (modification of enactments), sub-paragraphs (2) and (4) are repealed.
Commencement Information
I27 Sch. 3 para. 8 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
9 S 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.
Commencement Information
I28 Sch. 3 para. 9 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
F40 10 S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40 Sch. 3 para. 10 repealed (5.4.2008) by Graduate Endowment Abolition (Scotland) Act 2008 (asp 3) , ss. 1(2) , 7(1)
11 SIn the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities)—
(a)after paragraph 40 there is inserted—
“40AThe Scottish Further and Higher Education Funding Council.”; and
(b)paragraphs 41 and 43 are repealed.
Commencement Information
I29 Sch. 3 para. 11 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
12 SIn 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—
“85AThe Scottish Further and Higher Education Funding Council.”; and
(c)paragraphs 86 and 87 are repealed.
Commencement Information
I30 Sch. 3 para. 12 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
13 S 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.
Commencement Information
I31 Sch. 3 para. 13 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
14 S The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998 ( S.I. 1998/2667) is revoked.
Commencement Information
I32 Sch. 3 para. 14 in force at 3.10.2005 by S.S.I. 2005/419 , art. 2(1)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys