Tertiary Education and Training (Funding and Governance) (Scotland) Bill

As introduced, this Bill changes the way that funding is provided for post-school education and skills training.

This is a Government bill

The Bill was introduced on 5 February 2025 and is at Stage 1

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

Part 1 of the Bill focuses on funding for:

Scottish apprenticeships
work-based learning
training for employment

The Bill states that the Scottish Further and Higher Education Funding Council (SFC) would need to ensure that Scottish apprenticeships and work-based learning are available.

The Bill also states that Scottish Ministers would need to provide support for the delivery of Scottish apprenticeships and work-based learning.

Additionally, the Bill allows Ministers to make grants to the SFC for:

programmes that would provide people with training for employment
Scottish apprenticeships
work-based learning

The Bill explains how the SFC can use those grants.

The Bill also provides details about how the SFC interacts with the bodies it funds, including:

requiring bodies that receive funding to give the SFC certain information,
allowing Ministers to make regulations requiring post-16 education bodies to tell the SFC about certain matters,
allowing the SFC to make recommendations and issue guidance, and
requiring the SFC to monitor the financial sustainability of post-16 education bodies.

The SFC would need to:

think about the interests of current and potential learners
how to support the use of research
how the activity it funds can address skills needs and economic, social and cultural issues

Part 2 of the Bill makes changes to the governance of the SFC including:

the reappointment of members
what skills and experience should be reflected on the Council
the use of co-opted members
the requirement for a new apprenticeship committee to be created

Part 3 of the Bill clarifies the process for providing student support to Scottish students studying at private institutions in the UK, putting it on a clearer statutory footing.

Why the Bill was created

The Scottish Government introduced the Bill to simplify the funding landscape for post-school education and training.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

The Bill was introduced on 5 February 2025

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Education, Children and Young People Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (open)

The Committee has opened a call for views and would like to hear what Scotland’s colleges, universities, unions, training providers, employers and students make of the changes set out in the Bill.

Share your views on the Tertiary Education and Training (Funding and Governance) (Scotland) Bill

The call for views will be open until Friday 11 April 2025.

Stage 1 report by the lead committee

The lead committee will publish a Stage 1 Report before the debate on the general principles of the Bill.

Work by other committees

If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.

Finance and Public Administration Committee

Scrutiny of the Financial Memorandum

Introduced: the Bill and its documents

Overview

Why the Bill was created

Bill as Introduced

Accompanying Documents

Accompanying Documents (print versions)