27.Section 8 of this Act inserts a new section 9H into the 2005 Act.
28.This new section obliges the Scottish Ministers to impose a condition of funding that the Council must, when making a payment to a fundable post-16 education body under section 12(1)) of the 2005 Act, require that the fundable body takes reasonable steps to inform and consult the persons mentioned in section 9H(2) before implementing any decision that could significantly impact the body’s provision for learners, its levels of staffing or its financial sustainability. Those persons include recognised trade unions representing the fundable body’s employees, organisations representing the body’s students, and any external partners who may be impacted by the decision.
29.In addition, the funding condition must require that the fundable body must, where requested by the Council, submit a report to the Council on the consultation undertaken.
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 8: Duty to place conditions on funding: engagement with trade unions, students and external partners