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: page 2


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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)
2001-02	Total	Full-time	Part-time	Total	Full-time	Part-time	Total	Full-time	Part-time
Total
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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