74.This section of the Act inserts a new section 17A into the 2005 Act, giving the Council a power to issue guidance to fundable bodies and to persons in receipt of funding from the Council under the new powers set out in sections 12D and 12J (see sections 10 and 12 of the Act respectively). The guidance may in particular relate to the topics listed in subsection (2), including for example the needs and interests of current and prospective learners, and the financial sustainability of post-16 education bodies. Guidance about the form and manner of providing information must be consistent with any regulations made by the Scottish Ministers specifying the form and manner in which notifications of specified matters are to be made by post-16 education bodies to the Council under section 14B(1).
75.Under section 17A(4) a person must have regard to any guidance issued by the Council about activities in respect of which the person is in receipt of funding. Guidance which the Council considers it appropriate to issue under this section therefore places recipients under a statutory duty to have careful and proper regard to it.  This provision does not have any impact on other guidance that the Council may wish to issue on a non-statutory basis, in respect of which there remains an expectation that recipients would have careful and proper regard to it.
76.Section 17A(5) requires the Council to consult the funded bodies and persons, the Scottish Ministers, and other persons they consider appropriate, before issuing any guidance. Section 17A(6) gives the Council a discretion to publish any guidance as it considers appropriate.
77.Reporting by the Council
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 19: Guidance to fundable bodies