Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Equality Impact Assessment (EQIA) Record

Equality Impact Assessment (EQIA) Record for the Tertiary Education and Training (Funding and Governance) Bill


Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups? No
Is the policy directly or indirectly discriminatory under the Equality Act 2010[6]? No
If the policy is indirectly discriminatory, how is it justified under the relevant legislation? N/A
If not justified, what mitigating action will be undertaken? N/A

Describing how Equality Impact analysis has shaped the policy making process

As a result of the assessment of the available evidence, provisions regarding the SFC’s consideration of the needs and interests of learners were included. Administrative changes to the requirements in relation to the skills and experience of SFC Board members will be considered as part of the transition. Otherwise, no other changes to the Bill provisions were considered necessary, as there is no evidence so far to suggest that there will be impact on any individual with a protected characteristic.

Monitoring and Review

There will be further consultation and stakeholder engagement on the development of subordinate legislation and on the detail of implementation, subject to the will of the Scottish Parliament and the decisions of a future Scottish Administration. This will provide further opportunities to assess the impacts on those with protected characteristics and any unintended consequences.

The Scottish Ministers will be responsible for setting the policies in respect of NTP-related activities and will have the power to fund the SFC to provide one or more NTP. The Bill gives the Scottish Ministers powers to attach conditions on how the SFC uses the grant funding provided. Regarding apprenticeships, the Scottish Ministers would set out the policy objectives for these when allocating grant funding. Additionally, the Scottish Ministers will have power to make further provision about what activities constitute work-based learning, and the requirements of work-based learning, in regulations.

Once the Bill has completed its Parliamentary passage and the provision is implemented, it will be for the SFC to conduct their own reviews on the impacts of the policies they develop and implement in relation to protected characteristics. It will be for Scottish Ministers to scrutinise the performance of the SFC in relation to how they have delivered their expanded functions, and therefore how the delivery of the these functions has impacted on protected characteristics.

Contact

Email: TETBill@gov.scot

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