Draft Order laid before the Scottish Parliament under section 103(5)(a) and (b) of the Charities and Trustee Investment (Scotland) Act 2005 and section 22(3)(a) of the Post-16 Education (Scotland) Act 2013, for approval by resolution of the Scottish Parliament.
2015 No.
The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015
Made
Coming into force
The Scottish Ministers make the following order in exercise of the powers conferred by sections 7(5) and 19(8) and (9) of the Charities and Trustee Investment (Scotland) Act 20051, section 34(2) of, and paragraph 18(1) of schedule 2B to, the Further and Higher Education (Scotland) Act 20052 and section 22(1) of the Post-16 Education (Scotland) Act 20133 and all other powers enabling them to do so.
In accordance with paragraph 18(2) of schedule 2B to the Further and Higher Education (Scotland) Act 2005, the Scottish Ministers have consulted the Regional Board for Glasgow Colleges and such other persons as they considered appropriate.
In accordance with section 103(5)(a) and (b) of the Charities and Trustee Investment (Scotland) Act 20054 and section 22(3)(a) of the Post-16 Education (Scotland) Act 2013, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 and comes into force on 31st March 2015.
Modification of legislation2
The modifications specified in the Schedule have effect.
SCHEDULE
PART 1Modifications of Primary Legislation
Education (Scotland) Act 19801
In section 72 of the Education (Scotland) Act 1980 (expenses of secretary of state)5—
a
for subsection (4)(b) substitute—
b
is not a post-16 education body.
b
after subsection (4) insert—
5
In subsection (4)(b), “post-16 education body” shall be construed in accordance with the Further and Higher Education (Scotland) Act 20056.
Further and Higher Education (Scotland) Act 19922
1
The Further and Higher Education (Scotland) Act 19927 is amended in accordance with paragraphs (2) to (4).
2
3
In paragraph 3(4) of Schedule 2 (persons not eligible for appointment as chairing member of regional college)10—
a
insert “or” at the end of sub-sub-paragraph (c);
b
omit sub-sub-paragraph (e) (and the word “or” immediately preceding it).
4
In paragraph 5B(4) of Schedule 2 (removal of college board members)11, for “3A(2)(f)” substitute “3A(2)(a) or (f)”.
Further and Higher Education (Scotland) Act 20053
1
The Further and Higher Education (Scotland) Act 2005 is amended in accordance with paragraphs (2) to (4).
2
In section 23N(7)(a) (directions to assigned colleges)12, for “direct a college to transfer any” substitute “give directions in relation to the transfer of any”.
3
In the definition of “recognised” in section 35(1) (interpretation)13, after “1992” insert “, and “recognise” and “recognises” are to be construed accordingly”.
4
In paragraph 17(1)(b) of schedule 2B (accounts), for “31st March” substitute “31st July”.
Protection of Vulnerable Groups (Scotland) Act 20074
In section 97(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (general interpretation)14, in the definition of “organisation”, after paragraph (c)(ii), insert—
iia
a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act15,
Sexual Offences (Scotland) Act 20095
In section 44 of the Sexual Offences (Scotland) Act 2009 (interpretation of section 43)16, in the definition of “further or higher education institution”, after “2005 (asp 6)” insert “or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act”.
PART 2Modifications of Subordinate Legislation
Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 20036
In paragraph 1 of Part 2 of Schedule 2 to the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (specified institutions)17, for “Any fundable body within the meaning of section 6” substitute “Any post-16 education body within the meaning of section 35(1)”.
Additional Support for Learning (Appropriate Agencies) (Scotland) Order 20057
In article 2(a) of the Additional Support for Learning (Appropriate Agencies) (Scotland) Order 2005 (appropriate agencies)18, for “fundable bodies within the meaning of section 6 of, and schedule 2 to,” substitute “post-16 education bodies within the meaning of section 35(1) of”.
Charities Accounts (Scotland) Regulations 20068
In regulation 1(2) of the Charities Accounts (Scotland) Regulations 2006 (interpretation)19, in the definition of “further and higher education institution”, for “body listed in Schedule 2” substitute “post-16 education body within the meaning of section 35(1)”.
Protection of Charities Assets (Exemption) (Scotland) Order 20069
1
The Protection of Charities Assets (Exemption) (Scotland) Order 200620 is amended in accordance with paragraphs (2) to (4).
2
Paragraph (c) of article 2 (protection of assets) is omitted21.
3
For Part 2 of the Schedule22 substitute—
PART 2Further Education Colleges
Newbattle Abbey College
Sabhal Mòr Ostaig
The Board of Management of Ayrshire College
The Board of Management of Borders College
The Board of Management of City of Glasgow College
The Board of Management of Dumfries and Galloway College
The Board of Management of Dundee and Angus College
The Board of Management of Edinburgh College
The Board of Management of Fife College
The Board of Management of Forth Valley College of Further and Higher Education
The Board of Management of Glasgow Clyde College
The Board of Management of Glasgow Kelvin College
The Board of Management of Inverness College
The Board of Management of Lews Castle College
The Board of Management of Moray College
The Board of Management of New College Lanarkshire
The Board of Management of North East Scotland College
The Board of Management of Perth College
The Board of Management of South Lanarkshire College
The Board of Management of The North Highland College
The Board of Management of West College Scotland
The Board of Management of West Lothian College
West Highland College UHI
4
In Part 3 of the Schedule (higher education institutions)—
a
in the first and second columns, omit the entry for “Edinburgh College of Art” and its governing body;
b
in the first column, for “Royal Scottish Academy of Music and Drama” substitute “Royal Conservatoire of Scotland”;
c
after the entry for “Royal Scottish Academy of Music and Drama”, insert “SRUC” in the first column and “Board of Directors” in the second column;
d
in the first and second columns, omit the entry for “UHI Millennium Institute” and its governing body;
e
after the entry for “University of Glasgow”, insert “University of the Highlands and Islands” in the first column and “Board of Governors” in the second column.
Student Fees (Specification) (Scotland) Order 200610
In article 1(2)(b), (c), (ca)(i), (ea) and (f), 2(2), (3) and (4) and 4(2) of the Student Fees (Specification) (Scotland) Order 200623, for “fundable” wherever it appears substitute “post-16 education”.
Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 200711
In regulation 2(a) of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007 (prescribed requirements)24, for “body specified in schedule 2” substitute “post-16 education body within the meaning of section 35(1)”.
Education (Fees and Awards) (Scotland) Regulations 200712
For regulation 3(a) of the Education (Fees and Awards) (Scotland) Regulations 2007 (providers of courses)25, substitute—
a
a post-16 education body within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005 which provides fundable higher education in terms of section 5(3) of that Act;
Land Managers Skills Development Grants (Scotland) Regulations 200813
In regulation 5(e)(ii) of the Land Managers Skills Development Grants (Scotland) Regulations 2008 (eligible bodies)26, after “2005” insert “or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act”.
The Charity Test (Specified Bodies) (Scotland) Order 200814
For the Schedule in the Charity Test (Specified Bodies) (Scotland) Order 200827 substitute—
SCHEDULESPECIFIED BODIES
The Board of Management of Ayrshire College
The Board of Management of Borders College
The Board of Management of City of Glasgow College
The Board of Management of Dumfries and Galloway College
The Board of Management of Dundee and Angus College
The Board of Management of Edinburgh College
The Board of Management of Fife College
The Board of Management of Forth Valley College of Further and Higher Education
The Board of Management of Glasgow Clyde College
The Board of Management of Glasgow Kelvin College
The Board of Management of Inverness College
The Board of Management of Lews Castle College
The Board of Management of Moray College
The Board of Management of New College Lanarkshire
The Board of Management of North East Scotland College
The Board of Management of Perth College
The Board of Management of South Lanarkshire College
The Board of Management of The North Highland College
The Board of Management of West College Scotland
The Board of Management of West Lothian College
Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 201015
In paragraph 6(c) of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 2010 (contact details for referring bodies)28, after “2005,” insert “a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,”.
Public Services Reform (General Teaching Council for Scotland) Order 201116
In article 3 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (interpretation)29, in the definition of “further education institution”, after “2005” insert “or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,”.
Education (Fees) (Scotland) Regulations 201117
1
Regulation 2(1) of the Education (Fees) (Scotland) Regulations 2011 (interpretation)30 is amended in accordance with paragraphs (2) to (4).
2
In the definitions of “excluded medical student”, “new deferred student” and “post 2011/12 student”, for “fundable” wherever it appears substitute “post-16 education”.
3
The definition of “fundable body” is omitted.
4
After the definition of “parent” insert—
“post-16 education body” means a post-16 education body within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005 which provides fundable higher education in terms of section 5(3) of that Act;
Student Fees (Specification) (Scotland) Order 201118
In articles 2(d) and 3(2) of the Student Fees (Specification) (Scotland) Order 2011 (specification of fees)31, for “fundable” substitute “post-16 education”.
Scottish Police Authority (Provision of Goods and Services) Order 201319
1
Paragraphs 1.(g), 2.(g) and 4.(f) of column 2 (types of person) of the table in Schedule 1 to the Scottish Police Authority (Provision of Goods and Services) Order 201332 are amended in accordance with paragraph (2).
2
In each entry beginning “The board of management” and in each entry beginning “The governing body”—
a
for “fundable” substitute “post-16 education”;
b
for “6(2)” substitute “35(1)”.
Food Safety (Sampling and Qualifications) (Scotland) Regulations 201320
In paragraph 5 of Part 2 of Schedule 2 to the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 (qualifications of food examiners)33, for “fundable body within the meaning” substitute “post-16 education body within the meaning of section 35(1)”.
PART 3Transitional Modification Of Primary Legislation
21
The reference in paragraph 17(1)(b) of schedule 2B to the Further and Higher Education (Scotland) Act 2005 Act to “each yearly period ending on 31st July” is to be read, in relation to 31st July 2015, as a reference to “the period beginning on 1st May 2014 and ending on 31st July 2015”34.
(This note is not part of the Order)