Merger of Funding Councils

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A CHANGING LANDSCAPE FOR TERTIARY EDUCATION AND RESEARCH IN SCOTLAND

A Consultation Paper on the Merger of The Scottish Further Education Funding Council
and The Scottish Higher Education Funding Council

ANNEX A

Conditions for achieving and maintaining STEP status

It will be a condition of classification of being a STEP that the provider:

  • Should demonstrate good corporate governance, involving staff and students, and appoint a non executive governing body.
    • The governing body of a STEP will have a duty to provide "suitable and efficient", tertiary education. This does not imply that every STEP has a duty to provide the whole range of tertiary education.
    • Governing bodies will be required to provide information to local authorities on recorded children.
  • Identifies and publishes the name of an individual who will be personally responsible for safeguarding the public funds received through the new body, and for ensuring propriety and regularity in the handling of those public funds.
  • Makes their accounts available for scrutiny by the Auditor General for Scotland, and publish their Annual Accounts within such time as Scottish Ministers may direct.
  • Provides the new body with a plan, on a frequency to be determined by the new body, to cover at least the next three academic years. The plan shall contain a statement, as regards each academic year to which the plan relates, of:
    • the number of persons the Board estimates will be students of the STEP
    • the programmes of learning of further and / or higher education (within the definition of the Act) which the Board proposes to provide or secure the provision of
    • its programme of research - where appropriate - and mechanisms for knowledge transfer
    • the capital expenditure and estates plans proposed by the Board and how these would be funded
    • their current income and expenditure and their estimate of future income and expenditure
    • such other matters with regard to funded activity or assets as determined by Scottish Ministers or the new body, and
    • any other matters which the STEP deems appropriate to allow Ministers or the new body to understand fully its plan.
  • Demonstrates they have robust processes in place for ensuring continuous quality assurance and enhancement of activities funded by the new body.
  • Puts in place and publishes arrangements for the consideration of student complaints and identifies the Public Services Ombudsman as the final arbiter of complaints about provision funded by the new body.

ANNEX B

Specified Tertiary Education Providers (STEPS)

Incorporated colleges

Aberdeen College of Further Education
Angus College of Further Education
Anniesland College
Ayr College
Banff and Buchan College of Further Education
The Barony College
Borders College
Cardonald College
Central College of Commerce
Clackmannan College of Further Education
Clydebank College
Coatbridge College
Cumbernauld College
Dumfries and Galloway College
Dundee College
Edinburgh's Telford College
Elmwood College
Falkirk College of Further and Higher Education
Fife College of Further and Higher Education
Glasgow College of Building and Printing
Glasgow College of Food Technology
Glasgow College of Nautical Science
Glenrothes College
Inverness College
James Watt College of Further and Higher Education
Jewel and Esk Valley College
John Wheatley College
Kilmarnock College
Langside College
Lauder College
Lews Castle College
Moray College
Motherwell College
North Glasgow College
The North Highland College
Oatridge Agricultural College
Perth College
Reid Kerr College
South Lanarkshire College
Stevenson College Edinburgh
Stow College
West Lothian College

Non-incorporated colleges

Orkney College
Shetland College of Further Education
Newbattle Abbey College
Sabhal Mór Ostaig

Higher education institutions

Bell College of Technology
Edinburgh College of Art
Glasgow Caledonian University
Glasgow School of Art
Napier University
Queen Margaret University College
The Robert Gordon University
Royal Scottish Academy of Music and Drama
UHI Millennium Institute
University of Abertay, Dundee
University of Paisley

Ancient and chartered universities

University of Aberdeen
University of Dundee
University of Edinburgh
University of Glasgow
Heriot-Watt University
University of St Andrews
Stirling University
Strathclyde University
The Open University (so far as carrying on activities in or as regards Scotland)

ANNEX C
FACTUAL INFORMATION

The following statistics and web site links will provide useful background to the paper.

Number of enrolments and students in FE and HE in Scotland 2001-02

2001-02

Total

HEIs (students)

FECs (enrolments)

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

890,751

215,560

675,191

375,874

142,751

233,123

514,877

72,809

442,068

Further education

618,124

45,240

572,884

167,336

41

167,295

450,788

45,199

405,589

Vocational

390,078

45,061

345,017

234

41

193

389,844

45,020

344,824

Non-vocational

60,944

179

60,765

0

0

0

60,944

179

60,765

Non-credit bearing

167,102

0

167,102

167,102

0

167,102

0

0

0

Higher Education

272,627

170,320

102,307

208,538

142,710

65,828

64,089

27,610

36,479

Postgraduate

52,465

20,126

32,339

52,000

20,108

31,892

465

18

447

First Degree

120,010

106,985

13,025

118,922

106,794

12,128

1,088

191

897

Other HE

100,152

43,209

56,943

37,616

15,808

21,808

62,536

27,401

35,135

Source: Higher Education Statistics Agency, Scottish Further Education Funding Council

More statistical data on HE and FE can be found in the Scottish Executive's Standard Tables on Further and Higher Education: www.scotland.gov.uk/stats/bulletins/00270-00.asp

Statistical information on FECs is available from SFEFC at: www.sfefc.ac.uk/infact

The Executive publishes various statistics on lifelong learning. These are available on the Executive's website at:
www.scotland.gov.uk/about/ASD/ELL-EAS6/00017875/page830054467.aspx

Important Bodies

Association of Scottish Colleges www.ascol.org.uk
HM Inspectorate of Education www.hmie.gov.uk
Quality Assurance Agency for Higher Education www.qaa.ac.uk
Scottish Credit and Qualifications Framework www.scqf.org.uk
Scottish Further Education Funding Council www.sfefc.ac.uk
Scottish Higher Education Funding Council www.shefc.ac.uk
Universities Scotland www.universities-scotland.ac.uk

ANNEX D
Key SOURCES OF INFORMATION

Scottish Executive Policy Documents:

A Partnership for a Better Scotland:
www.scotland.gov.uk/library5/government/pfbs-00.asp

Life Through Learning; Learning Through Life
www.scotland.gov.uk/library5/lifelong

A Framework for Higher Education in Scotland: www.scotland.gov.uk/library5/lifelong/herp2-00.asp

The Competitiveness of Higher Education in Scotland:
www.scotland.gov.uk/library5/lifelong/che3m-00.asp

All HE Review Papers:
www.scotland.gov.uk/who/elld/hereview.asp

A Smart, Successful Scotland:
www.scotland.gov.uk/library3/enterprise/sss-00.asp

Measuring Progress towards A Smart, Successful Scotland:
www.scotland.gov.uk/library5/government/sss03-00.asp

Social Justice .....a Scotland where EVERYONE matters:
www.scotland.gov.uk/library2/doc07/sjmd-00.htm

Social Justice .....a Scotland where EVERYONE matters: Indicators of progress:
www.scotland.gov.uk/library5/social/emsjt-00.asp

Scottish Parliament:

Report of Enterprise and Lifelong Learning Committee Inquiry into Lifelong Learning
www.scottish.parliament.uk/S1/official_report/cttee/enter-02/elr02-09-01.htm

Legislation:

Further and Higher Education (Scotland) Act 1992:
www.hmso.gov.uk/acts/acts1992/Ukpga_19920037_en_1.htm

The Scottish Further Education Funding Council (Establishment) (Scotland) Order 1998
SI 2887: www.legislation.hmso.gov.uk/si/si1998/19982887.htm

Public Finance and Accountability (Scotland) Act 2000:
www.hmso.gov.uk/legislation/scotland/acts2000/20000001.htm

Funding Councils:

www.sfc.ac.uk

Joint Corporate Plan

www.shefc.ac.uk/publications/corp_plan/2003-06/sfc_joint_corporate_plan_2003-06.pdf

ANNEX E

SCOTTISH CREDIT AND QUALIFICATIONS FRAMEWORK

SCQF Level

SQA National Units, Courses and Group Awards

Higher Education

Scottish Vocational Qualifications

12

Doctorate

11

Masters

SVQ 5

10

Honours Degree Graduate Diploma

9

Ordinary Degree Graduate Certificate

8

Higher National Diploma/ Diploma in Higher Education

SVQ 4

7

Advanced Higher

Higher National Certificate/ Certificate in Higher Education

6

Higher

SVQ 3

5

Intermediate 2 / Credit Standard Grade

SVQ 2

4

Intermediate 1 / General Standard Grade

SVQ 1

3

Access 3 / Foundation Standard Grade

2

Access 2

1

Access 1

ANNEX F

GLOSSARY OF ACRONYMS

1992 Act

The Further and Higher Education (Scotland) Act 1992

2002 Act

Scottish Public Services Ombudsman Act 2002

ASC

Association of Scottish Colleges

ELLC

Enterprise and Lifelong Learning Committee

FE

Further Education

FEC

Further Education College

FHE

Further and Higher Education

FTE

Full-time Equivalents

HE

Higher Education

HEI

Higher Education Institution

HMIE

Her Majesty's Inspectorate of Education

HNC/D

Higher National Certificate/Diploma

LTL;LTL

Life Through Learning; Learning Through Life

QAA

Quality Assurance Agency for Higher Education

SCQF

Scottish Credit and Qualifications Framework

SFEFC

Scottish Further Education Funding Council

SHEFC

Scottish Higher Education Funding Council

SI

Statutory Instrument

SSS

A Smart, Successful Scotland

SUMs

Student Units of Measurement

UHIMI

UHI Millennium Institute

US

Universities Scotland

ANNEX G

LIST OF CONSULTEES

Association of Scottish Colleges
AUT
CBI
Coalition of Higher Education Students in Scotland
Communities Scotland
COSLA
EIS
Federation of Small Businesses
46 Further Education Colleges
Her Majesty's Inspectorate of Education
20 Higher Education Institutions
Highlands and Islands Enterprise
NUS (Scotland)
Office of Science and Technology
Scottish Public Services Ombudsman
QAA Scotland
Royal Society of Edinburgh
Scottish Agricultural College
Scottish Enterprise
Scottish Further Education Funding Council
Scottish Higher Education Funding Council
Scottish Parliament Enterprise and Culture Committee
Scottish Qualifications Authority
Scottish Science Advisory Council
Scottish University for Industry
STUC
UK Funding Bodies
Universities Scotland

ANNEX H

Key to draft Bill provisions

Part 1 - Provision of tertiary education etc

Section

Title

Comment

1992 Act

1

Duty to sector provision of tertiary education and research

This provision currently exists in the 1992 Act for FE only. This extends the duty to all tertiary education and research

1

2

Tertiary Education

This provides a definition of Tertiary Education and is based on amalgamating the current definitions from the 1992 Act. The definition will be used for the purposes of this Act only, the 1992 definitions will remain intact

The definition also refers to 'over school age' and 'not in school. This is currently the subject of the School/College review and may change

6,38

3

Persons with Learning Difficulties

This provision currently exists in the 1992 Act for FE only. This extends it to all tertiary education.

2

4

Funding of the Council

This section relates to the funding Scottish Ministers can make to the new body. It largely replicates section 42 of the existing Act. Subsection 13 previously existed for HE, and has been extended to all Colleges

42

5

Funding of the Council - additional grants

This section has been added to regularise the current position where additional grants are made for specific purpose, for example additional money for medical training.

6

Directions to Council

This allows Scottish Ministers to issue directions of a general or specific nature to the new body. These directions cannot relate to an individual STEP

21, 54

7

Directions where mismanagement

This extends a provision from the 1992 Act which related to Colleges to all STEPs

24

8

Delegation of functions under section 1(1)

Delegates the adequate and efficient duty to the new body. Gives the new body rights - from the 1992 Act

7

(5)

Part 2

Funding of tertiary education etc.

Scottish Tertiary Education Funding Council

9

Scottish Tertiary Education Funding Council

Creates the new body. At this stage the name Scottish Tertiary Education Funding Council is being used

7

10

Dissolution of other funding bodies

Dissolves SFEFC, SHEFC and the joint body - Scottish Funding Councils for Further and Higher Education

11

Administration of funds

Sections 11 and 12 are adapted from section 40 of the original act and set out how the Council can allocate its funds

40

12

Funding of specified tertiary education providers

As Above

13

Funding: requirement to hold meeting

This is a new section which will give the Council a power to require the holding of an extraordinary meeting of a STEP's governing body to discuss matters relating to the financial support it may receive.

14

Efficiency studies

Adapted from section 51 of the '92 Act which give Council the power to carry out or commission efficiency studies.

51

15

Quality of tertiary education

Extends existing duty to assess quality in HEIs to cover colleges as well. This duty will also now encompass enhancement.

39

16

Advisory functions of the Council

Duty on Council to provide advice to Ministers as they require. Adapted from existing provisions in sections 8 and 43 of the 1992 Act.

8, 43

17

Skills needs

New section, reflecting the Partnership Agreement commitment, which tasks the Council to have regard for the future skills needs of Scotland.

18

Consultation and collaboration

Sets out the key bodies which the Council must work and share information with. It also puts a duty on these bodies to provide information to the Council. Expands on what is contained in section 50 of the 1992 Act.

50

19

Equal opportunities

New section which make explicit reference to equal opportunities legislation.

20

General powers

This section outlines other powers given to the Council in relation to property, contracts borrowing money etc. This is adapted from what is in schedules 1 and 7 of the 1992 Act.

S1, S7.

Specified tertiary education providers

21

Specified tertiary education providers

Reference to Schedule 1 in the new Act which outlines the institutions who will become STEPs

22

Specified tertiary education providers: further provision

New section. Provides an outline of the kind of conditions an institution must meet to become a STEP and to retain STEP status.

23

Duty to provide tertiary education

New section. Duty on the governing body of any STEP to provide a suitable range of efficient provision having regards to local needs and the needs of learners. Based on current requirement on College Board of Managements

12

24

Development plans

Requirement for STEPS to provide a development plan to the Council each year. Based on section 22 of 1992 Act.

22

25

Inspection of accounts of specified tertiary education providers

Adapted version of provision in section 53 of 1992 Act.

53

26

Merger evaluation

New section which gives Ministers power, through the Council, to require the governing body of any STEP to evaluate the feasibility and advantages of a merger with any other STEP, and report back to the Council with findings.

27

Change of name by certain institutions

Amends section 3(4) of the 1992 Act so that colleges only need Ministerial consent to change name, bringing them into line with post 92 HEIs.

3(4)

28

Information about recorded children

Duty for STEPs to provide information to local authorities as required under the 1980 Act. Adapted from section 23 of 1992 Act.

23

Part 3 - General

29

Amendment of enactments

Ref to schedule 3

30

Ancillary provision

Gives Ministers powers to amend this Act in future if required.

31

Orders and regulations

Give Ministers the power to make orders or regulations under the Act.

32

Interpretation

Sets out definitions etc. as used in the Act.

33

Short title and commencement

Details of name and when this legislation will come into force.

Schedule 1

-The Scottish Tertiary Education Funding Council

This schedule sets outs the statutory requirements on the Council - For example, around the membership of the Council, terms and conditions for the chief executive and other staff, Committees, Accounts etc. These are in the main carried over from the schedules in the 1992 Act, although the requirement to have a statutory research committee is new, as is the requirement to lay a report before Parliament.

Schedule 2

Specified tertiary education providers

List of all current HEIs and Colleges currently funded by SHEFC and SFEFC who will become STEPs.

Schedule 3

Amendment of enactments

Provides a list of consequential amendments which will be required to other legislation as a result of this Act.

ANNEX I

Sections of the 1992 Act left in force

6

Further education to which section 1 applies.

13

Subsequent transfers of colleges

14

Transfer of colleges of further education not under local authority management.

15

Transfer of staff.

16

Transfer of property etc. to boards of management

17

Surpluses and deficits.

18

Disposal of certain property.

19

Educational endowments.

20

Variation of trust deeds.

38

Meaning of higher education.

45

Power of Privy Council in relation to designated institutions.

48

Power to award degrees etc.

49

Change of name by institutions.

52

Exercise of powers of Privy Council.

53

Inspection of accounts.

55

Amendment of section 7 of the Teaching Council (Scotland) Act 1965.

Schedule 2

Constitution and proceedings of boards of management

Page updated: Thursday, May 25, 2006