19.Section 9A of the 2005 Act gives the Scottish Ministers a discretion, when making payments to the Council, to impose a condition that the Council must, when funding a higher education institution, require the institution to comply with any principles of governance which appear to the Council to constitute good practice. Section 5(2) of this Act supplements this by providing that good practice for these purposes includes, in particular, having regard to the need to operate in a way which is transparent and accountable.
20.Section 9B of the 2005 Act makes equivalent provision in relation to colleges of further education. Section 5(3) of this Act supplements this in the same way by providing that good practice for these purposes includes, in particular, having regard to the need to operate in a way which is transparent and accountable.
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 5: Duty to place conditions on funding: transparency