34.This section of the Act inserts two new sections into the 2005 Act, relating to the funding of NTPs.
35.New section 12C(1) gives the Scottish Ministers a power to make grants to the Council for the purpose of securing the delivery of programmes of training for employment, subject to such terms and conditions as Ministers consider it appropriate to impose. Section 12C(3) sets out a non-exhaustive list of what such terms and conditions may require – including requiring that the Council itself impose a specified condition when making a payment to another person under its new power to administer funds in section 12D. Section 12C(4) requires Ministers to publish terms and conditions imposed under subsection (2), together with the reasons for considering them appropriate to impose – or, if Ministers consider that such publication would not be appropriate, to publish instead a statement of their reasons for that decision.
36.New section 12D(1) places responsibility on the Council for administering all grants made to it under section 12C for the purpose of securing the delivery of programmes of training for employment, and section 12D(2) gives the Council a corresponding power to make grants, loans or other payments to any person to deliver training programmes. Such funding may be subject to such terms and conditions as the Council considers it appropriate to impose, which may, in particular, include terms and conditions relating to the repayment of funding, including interest; but such funding must be subject to any terms and conditions imposed by Ministers when making grants to the Council by virtue of new section 12C.
37.Section 3(2) of the Act adjusts the existing duty of the Council in the 2005 Act to administer funds received so that it does not apply to these new functions.
38.Scottish apprenticeships
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 10: Funding for national training programmes