31 October 2007

Dear Sir/Madam

CONSULTATION ON THE SCOTTISH AGRICULTURAL COLLEGE BEING ADDED TO THE LIST OF BODIES WHICH MAY BE FUNDED BY THE SCOTTISH FUNDING COUNCIL AND BEING DESIGNATED AS A HIGHER EDUCATION INSTITUTION

We are inviting written responses, by 23 January 2008, to the attached consultation paper which invites views on the Scottish Agricultural College (SAC) becoming a body which may be funded by the Scottish Funding Council ('a fundable body') and designated as a higher education institution (HEI).

Please send your comments and completed Respondent Information Form (attached at Annex A) by Wednesday 23 January 2008, to:

Elaine Provan

Scottish Government

Lifelong Learning Directorate

Higher Education and Learner Support Division

Europa Building

450 Argyle Street

Glasgow G2 4LG

or by e-mail to:HELS@scotland.gsi.gov.uk

If you have any queries please contact Elaine Provan on 0141 242 0245.

We would be grateful if you could clearly indicate in your response which questions or parts of the consultation paper you are responding to as this will aid our analysis of the responses received.

This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at http://www.scotland.gov.uk/consultations. You can find out where your nearest public internet access point is by calling Freephone 0800 77 1234.

The Scottish Government now has an email alert system for consultations (SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces Scottish Government distribution lists, and is designed to allow stakeholders to keep up to date with all Scottish Government consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form (attached at Annex A) as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public (see the attached Respondent Information Form at Annex A), these will be made available to the public in the Scottish Government Library and on the Scottish Government consultation web pages at: http://www.scotland.gov.uk/Consultations/Current by 12 February 2008. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the SG Library on 0131 244 4565. Responses can be copied and sent to you, but a charge may be made for this service.

What happens next ?

Following the closing date, all responses will be analysed and considered. This along with advice from the Scottish Funding Council and the Quality Assurance Agency for Higher Education will help inform Ministers in making their decision on the Scottish Agricultural College becoming a fundable body and a designated HEI. We aim to issue a report on this consultation process by 8 April 2008. If Ministers decide to make the SAC a fundable body and a designated HEI, it is proposed that these would come into effect from 1 August 2008.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to:

Elaine Provan

Scottish Government

Lifelong Learning Directorate

Higher Education and Learner Support Division

Europa Building

450 Argyle Street

Glasgow G2 4LG

e-mail: HELS@scotland.gsi.gov.uk

Stephen Kerr

Deputy Director

Lifelong Learning Directorate

ANNEX A

RESPONDENT INFORMATION FORM: CONSULTATION ON THE SCOTTISH AGRICULTURAL COLLEGE BEING ADDED TO THE LIST OF BODIES WHICH MAY BE FUNDED BY THE SCOTTISH FUNDING COUNCIL AND DESIGNATED AS A HIGHER EDUCATION INSTITUTION

Please complete the details below and return it with your response. This will help ensure we handle your response appropriately. Thank you for your help.

Name:

Postal Address:

1. Are you responding: (please tick one box)

(a) as an individual ÿ go to Q2a/b and then Q4

(b) on behalf of a group/organisation ÿ go to Q3 and then Q4

INDIVIDUALS:

2a. Do you agree to your response being made available to the public (in Scottish Government library and/or on the Scottish Government website)?

Yes (go to 2b below) ÿ

No, not at all ÿ We will treat your response as confidential

2b. Where confidentiality is not requested, we will make your response available to the public on the following basis ( please tick one of the following boxes)

Yes, make my response, name and address all available ÿ

Yes, make my response available, but not my name or address ÿ

Yes, make my response and name available, but not my address ÿ

ON BEHALF OF GROUPS OR ORGANISATIONS:

3 The name and address of your organisation will be made available to the public (in the Scottish Government library and/or on the Scottish Government website). Are you also content for your response to be made available?

Yes ÿ

No ÿ We will treat your response as confidential

SHARING RESPONSES/FUTURE ENGAGEMENT

4 We will share your response internally with other Scottish Government policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for the Scottish Government to contact you again in the future in relation to this consultation response?

Yes ÿ

No ÿ

ANNEX B

THE SCOTTISH GOVERNMENT CONSULTATION PROCESS

Consultation is an essential and important aspect of Scottish Government working methods. Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation. However, in general, Scottish Government consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

The Scottish Government encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.

Typically Scottish Government consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Government web site enabling a wider audience to access the paper and submit their responses [1]. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Government library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).

All Scottish Government consultation papers and related publications (eg, analysis of response reports) can be accessed from the Consultations section of the Scottish Government website, at: http://www.scotland.gov.uk/consultations.

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:

· indicate the need for policy development or review

· inform the development of a particular policy

· help decisions to be made between alternative policy proposals

· be used to finalise legislation before it is implemented

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

ANNEX C

LIST OF CONSULTEES

All Chambers of Commerce in Scotland

All Local Enterprise Companies in Scotland

All Scottish Further Education Colleges

All Scottish Higher Education Institutions

All Scottish Local Authorities

All Scottish MEPs

Association of Head Teachers in Scotland

Association of Managers of Student Services in Higher Education (AMOSSHE)

Association of Scottish Colleges

Association of Scottish Chambers of The Biotechnology and Biological Sciences Research Council (BBSRC)

British Veterinary Association (BVA)

British Society for Animal Science (BSAS)

Commerce

Careers Development and Work

Careers Scotland

CBI Scotland

Centre for Studies in Enterprise,

Coalition of Higher Education Students in Scotland (CHESS)

Commission for Racial Equality

Communities Scotland

Copyright Libraries

Convention of Scottish Local Authorities (COSLA)

DEFRA

Disability Rights Commission

Education Institute of Scotland (EIS)

Education, Lifelong Learning and Culture Committee

Equality Network

Equal Opportunities Commission

Federation of Small Businesses

Futureskills Scotland

Head Teachers Association of Scotland

Highlands and Islands Enterprise

HM Inspectorate of Education

Institute of Chartered Accountants for Scotland

Institute of Directors

Lantra (Sector Skills Council)

Lead Scotland

Learndirect Scotland

Learning and Teaching Scotland

Linking Education and Disability Scotland

Macaulay Land Use Research Institute

Moredun Research Institute

National Association of Schoolmasters Union of Women Teachers in Scotland

(NASUWT)

NFUS

NHS Education for Scotland

NUS Scotland

Professional Association of Teachers

Prospect Scotland

Quality Assurance Agency Scotland

Quality Meat Scotland (QMS)

Roslin Institute

Rowett Research Institute

Royal Botanic Garden Edinburgh Royal Highland Education Trust (RHET)

Royal Highland Education Trust (RHET)

Royal Society of Edinburgh (RSE)

Scottish Agricultural College

Scottish Civic Forum

Scottish Council for Development and Industry

Scottish Council for National Training Organisations

Scottish Council for Research Education

Scottish Council for Voluntary Organisations

Scottish Crop Research Institute

Scottish Environmental Protection Agency (SEPA)

Scottish Enterprise

Scottish Further and Higher Education Funding Council

Scottish Inter Faith Council

Scottish National Heritage (SNH)

Scottish Parliament's Information Centre

Scottish Qualifications Authority

Scottish Refugee Council

Scottish Secondary Teachers' Association

Scottish Youth Parliament

Sector Skills Alliance Scotland

SKILL: National Bureau for Students with Disabilities

Scottish Association of Young Farmers Clubs (SAYFC)

Scottish Rural Property and Business Association (SRPBA)

Soil Association

STUC

Student Awards Agency for Scotland

Student Loans Company

Student Representative Council at SAC

UNISON

Universities Scotland

University and College Union

Volunteer Development Scotland

Young Enterprise Scotland

CONSULTATION ON THE SCOTTISH AGRICULTURAL COLLEGE BEING ADDED TO THE LIST OF BODIES WHICH MAY BE FUNDED BY THE SCOTTISH FUNDING COUNCIL AND DESIGNATED AS A HIGHER EDUCATION INSTITUTION

CONSULTATION PAPER

1. The Scottish Ministers wish to have your views on the Scottish Agricultural College (SAC) becoming a body which may be funded by the Scottish Funding Council (SFC), "a fundable body", and being designated as a Higher Education Institution (HEI).

Addition as a fundable body

2. The power to add an institution to schedule 2 of the Further and Higher Education (Scotland) Act 2005, which lists those bodies that may be funded by the Scottish Funding Council, rests with Scottish Ministers. This is effected by means of an Order under section 7 (1) of the 2005 Act which requires that the Scottish Funding Council has to propose or approve the addition of a new fundable body before any Order is made. The SFC approved the addition of the SAC on 23 October 2007. Details of the criteria which the Council has to consider in relation to such an approval and the evidence used by the SFC in its consideration of the SAC are provided at Appendix 1.

3. If the SAC becomes a fundable body under the 2005 Act the accountability arrangements which the SFC apply to other HEIs in Scotland will also apply to the SAC. These include ensuring that institutions deliver the quantity, quality and relevance of further and higher education sought by Scottish Ministers; achieve best value from public funds, and manage their financial and other resources in a sustainable way. The Scottish Government Rural and Environment Research and Analysis Directorate (SGRERAD) currently funds SAC's three functions of research, education and advisory services. It is proposed that following the addition of the SAC as a fundable body that funding for the SAC's education division will transfer to the SFC with a corresponding transfer of funds from SGRERAD. SGRERAD will continue to fund research and advisory services.

Designation as a Higher Education Institution

4. The power to designate a higher education institution lies with Scottish Ministers under section 44 of the Further and Higher Education (Scotland) Act 1992. The SAC is the last remaining Central Institution in Scotland and designation would bring it fully into the existing group of designated HEIs, enabling it to market itself as an HEI which is consistent in terms of its provision being almost entirely HE. The designation is effected by means of an Order under section 44. In making such a designation Scottish Ministers draw on the advice from the Quality Assurance Agency for Higher Education (QAA). The QAA has undertaken a designation audit of the SAC and indicated that the SAC meets the criteria for designation. Further details of the criteria and a summary of the QAA Designation Audit are provided at Appendix 2.

Issues for consideration

5. Before making the relevant Orders to add the SAC as a fundable body and designate it as a higher education institution Ministers would welcome views from anyone with an interest in further and higher education.

Please feel free to comment in any way, although Ministers would particularly find it helpful to have your views on the following questions:

· What is your view on SAC being added to the list of fundable bodies / being designated as an HEI?

· What is your view on the addition of another fundable body / designation of an additional HEI in Scotland?

· What impact would SAC being added to the list of fundable bodies / being designated as an HEI have on other higher and further education institutions?

· What impact would the SAC being added to the list of fundable bodies / being designated as an HEI have on students of SAC ?

Responses

Please send your comments and completed Respondent Information Form (attached at Annex A), by Wednesday 23 January 2008, to:

Elaine Provan

Scottish Government

Lifelong Learning Directorate

Higher Education and Learner Support Division

Europa Building

450 Argyle Street

Glasgow G2 4LG

or by e-mail to: HELS@scotland.gsi.gov.uk

The Scottish Agricultural College

SAC originated in the form of three regional agricultural colleges, at Glasgow (1899), Edinburgh (1901) and Aberdeen (1904), but was established on its present basis in 1990. SAC's educational activities are principally based at its campuses at Aberdeen, Ayr and Edinburgh. Aberdeen and Ayr are rural campuses: the Craibstone Estate is about five miles from the centre of Aberdeen, and the Auchincruive Estate about 3 miles from Ayr. The Edinburgh Campus is based on the Science Campus of the University of Edinburgh, with facilities also on the Bush Estate some seven miles away. In addition to the three campuses, there are five research farms, eight veterinary centres and 23 local farm business services offices.

SAC supports the development of the land-based industries and communities through its specialist research and development resources, its education and training provision and its expert advisory and consultancy services. Its work is wide ranging but there is a particular emphasis on agriculture and related sciences, rural business development and management, food chain quality and safety, and rural resource and environmental management.

Using its Scotland-wide network, SAC provides a mechanism for the transfer of knowledge and ideas which emerge from its own research and development activities and from other expert sources. SAC's work is directed in line with its vision,

'to be a focus in Scotland for innovation and the transfer of knowledge
to the land-based industries'.

SAC is an established part of the higher education community in Scotland, with undergraduate, taught postgraduate and research postgraduate provision. At undergraduate level, SAC has a particular interest in bridging the FE:HE continuum for education serving the land-based industries and communities. SAC's education programmes are principally focussed on vocational higher national and degree courses to meet the needs of the land-based industries and communities. The programmes are currently validated by SQA and the universities of Aberdeen, Edinburgh, Glasgow and The Robert Gordon University and quality assured by the Quality Assurance Agency for Higher Education.

Table 1 SAC Student Higher Education Numbers by programme Area 2006/07

Table 2 SAC Student Higher Education Numbers by Level of programme 2006/07

NB The above figures exclude student numbers on Training courses provided by SAC.

APPENDIX 1

SCOTTISH FUNDING COUNCIL- ASSESSMENT OF SCOTTISH AGRICULTURAL COLLEGE AGAINST FUNDABLE BODY CRITERIA

Section 7 (2) of the Further and Higher Education (Scotland) Act 2005 lists the criteria which the Council must consider in relation to approving additions to the list of fundable bodies. As part of the SFC's consideration of the addition of the SAC as a fundable body, the SAC was required to provide a self-assessment against the criteria. The criteria are listed in the table below, with reference to SAC's self-assessment or other evidence, as appropriate.

APPENDIX 2

QAA Scotland

Quality Assurance Agency for Higher Education

Scottish AgriculturalCollege : HEI designation audit

Introduction

1 This is a report of an audit of the Scottish Agricultural College (the College) for the purpose of designation of the College as a higher education institution (HEI).

2 In March 2006, the then Scottish Executive's Enterprise, Transport and Lifelong Learning Department (SEETLLD), now the Lifelong Learning Directorate of the Scottish Government, formally requested the Scottish Funding Council (SFC) to consider the addition of the College to the schedule of fundable bodies (schedule 2 of the Further and Higher Education (Scotland) Act 2005).

3 In October 2006, the College applied to the First Minister to be designated as a higher education institution (HEI) under the Further and Higher Education (Scotland) Act, 1992. Under the Act, Scottish Ministers can designate as an HEI any institution providing higher education. HEI designation is granted by Ministers on the basis of a designation audit based on a set of criteria set out by the Scottish Government under four main headings as follows:

· governance and management

· quality assurance

· administrative systems, and

· academic staffing.

4 SEETLLD commissioned QAA Scotland to advise it on the College's application for designation as an HEI. This report summarises the findings of the designation audit for each of the four main headings identified above.

Overall finding of the designation audit

5 The audit found that the College satisfies all the criteria in relation to quality set out by the Scottish Government for the designation of an institution as an HEI.

The designation audit process

6 The College has recently engaged in QAA review activity, at both the institutional and the subject level:

• Enhancement-led institutional review (ELIR) (May 2005)
• Academic (subject) review of Earth, Environmental Sciences and Environmental Studies (May 2004)
• Academic (subject) review of Hospitality, Leisure, Sport and Tourism (July 2003)
• Academic (subject) review of Agriculture, Forestry, Agricultural and Food Sciences, and Biosciences (June 2004).

7 Many of the criteria to be satisfied for HEI designation have been addressed as part of these reviews, in particular in the report of the 2005 ELIR. Given the College's history of delivery of higher education, and the broadly successful outcomes of recent QAA reviews, it was agreed with SEETLLD to take a 'streamlined' approach to the designation audit, in which the outcomes of these recent review activities would be used, as appropriate, in considering the extent to which the criteria for HEI designation are satisfied.

8 The College was asked to prepare an Analytical Account describing, analysing and commenting upon the effectiveness of the procedures through which it believes it is able to satisfy the criteria for designation as an HEI. A team of experienced academic reviewers was appointed to conduct the designation audit. The team considered the institution's Analytical Account in conjunction with the reports identified in paragraph 6 above, and the documented follow-up to those reports. The team visited the College from 30 May to 1 June 2007, and met senior managers, academic staff and students of the College.

9 The audit team comprised Dr Alan Davidson, Dr Andrew Eadie and Ms Ann Kettle (auditors), and Dr Jonathan Teppett (audit secretary). The designation audit was coordinated on behalf of QAA Scotland by Dr David Buckingham, Assistant Director, Chief Executive's Group.

Section 1: Governance and management: findings

10 An institution applying for designation as an HEI is required, under the criterion relating to governance and management, to demonstrate that its governance, management, financial control and quality assurance arrangements are sufficient to manage existing operations and respond to development and change. The evidence requirements under this heading relate to academic and financial planning; governance and management systems; academic leadership; development, implementation and communication of policies and systems; understanding and application of mission and associated policies and systems; management of responsibilities vested in it by validating bodies; monitoring of operational policies and systems; stability of governance, financial control and quality assurance arrangements and organisational structure

11 The College is governed by a Board of Directors whose policies and procedures are kept under review in accordance with good practice in corporate governance. An Education and Training Committee has recently been added to the Board's complement of committees. In 2003 a matrix management system was replaced by three financially distinct divisions relating to the College's three main functions: Education and Training, Research and Development, and Consultancy Services. Appropriate arrangements are in place for resource allocation to, and between, the three divisions. Restructuring has resulted in increased clarity of function and responsibility in governance and management systems, and there is demonstrable strength of academic leadership within the Education and Training Division. Following consultation with staff and other stakeholders, strategic and operational plans are produced at institutional and divisional level and, within the Education and Training Division, at teaching group level.

12 There have been recent improvements in the communication of policies and systems to staff and students and, following the 2005 ELIR, in opportunities for student engagement in strategic management issues. The College continues to manage effectively and efficiently the responsibilities vested in it by its four validating bodies. Operational policies and systems are regularly monitored, and identified changes, such as those recommended in the ELIR report, are carried out successfully. Significant developments since 2002, such as the restructuring into divisions and the implementation of a business transformation plan to consolidate space and dispose of excess estate, give confidence that the College's arrangements for governance, financial control and quality assurance and its organisational structure are robust, and that the College is in a stable state and capable of responding to changes in its environment.

13 In the opinion of the audit team, the College has produced evidence to satisfy the specified criterion relating to governance and management.

Section 2: Quality Assurance: findings

14 An institution applying for designation as an HEI is required, under the criteria relating to quality assurance, to demonstrate that it has clear and consistently applied mechanisms for establishing its academic objectives and outcomes; that it seeks to ensure that its programmes of study consistently meet stated objectives and outcomes; that programme performance is carefully and regularly monitored; that the effectiveness of the institution's learning and teaching infrastructure is carefully monitored; that the academic and related support requirements of students studying off-site are taken into account; that standards of students' achievements are maintained at recognised higher education levels, and assessment and learning strategies are appropriately linked; and that effective action is taken to address weaknesses, promote strengths and demonstrate accountability.

15 Much of the evidence relating to this section was covered in the report of the 2005 ELIR of the College. The findings of the ELIR were that 'there can be broad confidence in the College's current, and likely future, management of the quality of its provision and the academic standards of the awards it offers on behalf of its validating institutions'. The ELIR report noted that 'The College has validation agreements with four separate bodies. The effective and efficient management of these arrangements is a particular strength of the College'.

16 In the period since 2005 the College has made considerable and successful efforts to act on the suggestions for improvement that are contained within the ELIR report. An example of the steps taken to act on recommendations of the ELIR report is in relation to postgraduate research provision, where the College has strengthened its institutional-level management of the quality of learning opportunities available to postgraduate students.

17 The one area where action on a recommendation of the ELIR report does not appear to have been completed is in the development of the College's proposed system of internal review at the subject level. The audit team did not, however, consider this to be a serious omission because the review processes currently in place are robust and, in their overall effect, essentially cover the expectations of the Scottish Quality Enhancement Framework and, in particular, the SFC guidance in respect of internal review at the subject level. The team would, however, encourage the College to continue working to consolidate its various internal review processes in order to demonstrate overtly that its current practice for internal subject-level review is in line with current norms in the Scottish higher education sector.

18 In the opinion of the audit team, the College has produced evidence to satisfy the specified criteria relating to quality assurance.

Section 3: Administrative systems: findings

19 An institution applying for designation as an HEI is required, under the criterion relating to administrative systems, to demonstrate that its administrative systems are sufficient to manage its operations now and in the foreseeable future. This criterion considers a range of aspects associated with the quality of the student experience and the professional development of administrative staff. The aspect associated with the quality of the student experience includes systems to administer student progression, performance and achievement; library and computing services and support; support services for students; equality of opportunity; and complaints mechanisms.

20 Much of the evidence relating to this section is found within the report of the 2005 ELIR. The report of the Investors in People (IiP) review in 2006 also considered development for staff, including administrative staff. As a result of this review, the College gained full IiP recognition. The audit team considered evidence in the ELIR and IiP reports, together with evidence relating to recent operations and activities.

21 In the opinion of the audit team, the College has produced evidence to satisfy the specified criterion relating to administrative systems.

Section 4: Academic staffing: findings

22 An institution applying for designation as an HEI is required, under the criteria relating to academic staffing, to demonstrate that the qualities and competencies of staff are appropriate for an HEI; that academic staff have opportunities to engage with the pedagogic development of their discipline; and that staff maintain high professional standards. The evidence requirements under this heading include reference to the qualifications and teaching experience of academic staff; the professional development of staff; staff appraisal; feedback from students, employers and other stakeholders; and the effectiveness of action taken on feedback, monitoring and review.

23 The College provided information on the qualifications, experience and activities of staff; this confirmed that they are appropriate for a higher education institution. The 2005 ELIR included a focus on the effectiveness of the College's approach to promoting an effective learning experience for students. This provided, in conjunction with the report of the 2006 IiP review, evidence of staff development activities and their effectiveness. The audit team noted that the College has recently expanded its support for academic staff development by the appointment of a staff development manager within the Education and Training Division, with a role that includes promoting staff engagement with the Scottish Quality Enhancement Themes.

24 The College's systems for collecting and using feedback and for engaging with external reviews were also points of focus within the 2005 ELIR. The ELIR found these systems to be effective, and the effectiveness of staff appraisal systems was addressed within the 2006 report of the IiP review.

25 In the opinion of the designation audit team, the College has produced evidence to satisfy the specified criteria relating to academic staffing.

QAA Scotland September 2007

[1]http://www.scotland.gov.uk/consultations