Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Strategic Environment Assessment (SEA) Pre-Screening Notification

Tertiary Education and Training (Funding and Governance) (Scotland) Bill Strategic Environment Assessment (SEA) Pre-screening Notification

Responsible Authority:

Scottish Ministers

Title of the plan:

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

What prompted the plan:

Legislation

Plan subject:

Education

Brief summary of the plan:

The Tertiary Education and Training (Funding and Governance) (Scotland) Bill is an essential component of reforming the post-school education and skills public body landscape. The purpose of the Bill is to make provisions for the Scottish Funding Council (SFC) to take full responsibility for the delivery of National Training Programmes (NTPs), apprenticeships and work-based learning. The Bill will also make consequential changes and other improvements to the SFC’s functions and governance arrangements.

The provisions within the Bill aim to simplify the post-school education funding landscape by conferring new responsibilities for the funding and administration of NTPs, apprenticeships and work-based learning by the SFC, which already secures the provision of further and higher education through funding. This will facilitate different, more transparent ways of funding apprenticeships and other work-based learning and training, so that the system is easier for learners to navigate. This will also help to ensure people have access to the skills and training that employers need.

This Strategic Environment Assessment Pre-Screening assesses only the impact of the provisions included within the Bill and not the policy evolution and development which it enables, particularly around apprenticeship delivery. Further impact assessments will be conducted as these policies are developed.

Brief summary of the likely environmental consequences:

There are two potential areas where the Bill could have an impact: firstly, in the way that policies and programmes are delivered; and secondly, on the environmental impact of the operation of the public bodies themselves.

Firstly, the Bill will enable changes to the way apprenticeships are delivered. The Bill will confer new functions for the funding and administration of NTPs, apprenticeships and work-based learning on the SFC. The Bill will establish, for the first time, a statutory framework for apprenticeships in Scotland and this is anticipated to facilitate different, more transparent ways of funding apprenticeships. This may, for example, result in more or different apprenticeships that have a focus on achieving net zero ambitions. Otherwise, provisions within the Bill are not expected to result in any significant environmental impacts.

Secondly, as the Bill makes provision which enables the SFC to take on functions which previously rested with a different body – Skills Development Scotland Ltd (SDS) – this means that the SFC will become a larger organisation with possible consequences for its organisational carbon footprint.

The SFC plays a key role in supporting the delivery of the SG’s target to reduce carbon emissions to net zero by 2045. The SFC published its Net Zero & Sustainability Framework for Action in November 2022 and its corresponding Net Zero Delivery Plan, which outlines priorities and timescales, was finalised in December 2023. The SFC provides annual updates on progress and actions to the SFC Board. The SFC, as an organisation, aims to be net zero by 2045.

There was a public consultation from 25 June to 20 September 2024 on proposals for legislation to change what public bodies do in the post-school system in order to simplify responsibilities for apprenticeships (and student support^[1]). Responses to that consultation have been independently analysed. An Outline Business Case appraising the proposals set out in the consultation paper has been completed. The report on the consultation and the Outline Business Case were published on 22 January 2025.

The Bill does not affect the SFC’s commitment or actions to achieving its net zero ambitions as an NDPB, supporting institutions and other providers in achieving their own net zero targets, undertaking key research and innovation into sustainability and net zero, and supporting the wider Scottish economy by supporting the development of future green skills.

Therefore, our assessment is that the introduction of the Bill has minimal environmental impact.

To date there has been no evidence from the Outline Business Case, consultation responses or engagement with stakeholders to change the assessment of the environmental impact of the Bill. Therefore, our opinion is that a full SEA is not required.

Brief summary of how environmental principles have been considered:

We have considered the guiding principles during the preparation of this Strategic Environmental pre-screening assessment.

Due to the minimal environmental effects of the Bill, we consider that the guiding principles are not relevant to this Bill.

Contact details:

Bill Team
Lifelong Learning and Skills Directorate

TETBill@gov.scot

Date of opinion: 20 January 2025