Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Fairer Scotland Duty (FSD) Summary

Summary of assessment findings

The available evidence was considered during the development of the provisions in the Bill. As a result of this assessment, provisions regarding the SFC’s consideration of the needs and interests of learners were included. The approach taken in the Bill is to make the essential changes in respect of the expanded remit of the SFC. The other matters raised by stakeholders will be considered administratively, for example as the approach to SFC Council (Board) appointments is refreshed as part of the transition. Otherwise, no other changes to the Bill provisions were considered necessary, as the assessment of the available evidence suggests that there will be no impact on those who experience poverty or disadvantage.

There will be further consultation 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.

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 review the impact of their new or revised policies and approaches to ensure they help to reduce inequalities. 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 these functions has impacted on addressing inequalities.

In addition to this legislation, there is ongoing work to reform the post-school education and skills system. Through this wider reform programme, there will be scope to identify opportunities to improve equality of access and outcomes for tertiary education and training.

Sign off

Adam Reid
Deputy Director

17 January 2025