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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 |
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