65.This section of the Act amends section 15 of the 2005 Act, which gives a power to the Council to arrange studies designed to improve economy, efficiency and effectiveness in the management or operations of any fundable body, and places a corresponding obligation on such bodies to share information and documents with the person carrying out a study.
66.New subsection (3) of section 15, as inserted by the Act, provides that a study may include consideration of the extent to which the needs and interests of the students are being met.
67.New subsection (4) provides that a study may include consideration of the extent to which the needs and interests of staff are being met by a fundable body, including in relation to fair work principles of employment. See also section 20(11) of the 2005 Act, as inserted by this Act, under which the Scottish Ministers may give directions to the Council setting out the definition of “fair work principles” for these purposes.
68.New subsection (5) gives the Council a power to issue recommendations to a fundable body following a study carried out under this section. As per new subsection (6), the Council has a discretion to publish any such recommendations as it considers appropriate. The Council must consult the fundable body before publishing any recommendations.
69.Monitoring of financial sustainability of post-16 education bodies
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 17: Recommendations to fundable bodies