60.Section 15 of the Act inserts a new section 12L into the 2005 Act. This places a duty on the Council, along with any fundable body that receives funding from the Council under section 12(1), 12D(2) or 12J(2) of the 2005 Act, to take steps to adopt a proactive approach to the publication of data which is considered appropriate for disclosure in the public domain. This duty is defined as including the routine identification and publication of appropriate information without the need for specific requests.
61.Subsection (2) of new section 12L qualifies the duty in subsection (1), providing that it only applies in respect of data which relates to the activities for which the body receives payment under section 12(1), 12D(2) or 12J(2) of the 2005 Act (as the case may be).
62.Notifications to the Council by post-16 education bodies
Commentary on Provisions Part 2 – Functions of the Scottish Further and Higher Education Funding Council Section 15: Requirement to promote proactive publication