03 - Scotland - Specific legislative framework

The Further and Higher Education (Scotland) Act 1992 made fundamental changes in the organisation of post-school education in Scotland.

Further education colleges (now usually called simply colleges), which had previously been the responsibility of the education authorities, became "incorporated" (i.e., self-governing) under the general supervision of the then Scottish Office Education Department (and later that of the Scottish Government Lifelong Learning Directorate (SGLLD)).

The 1992 Act also created a separate Scottish Higher Education Funding Council (SHEFC). This action removed the dividing line which existed between the former Central Institutions and the universities in respect of their funding mechanisms and created a distinctly Scottish body able to take major decisions affecting the future of higher education in Scotland. As indicated  five of the former Central Institutions met the criteria laid down for university status. In addition, Queen Margaret College, another former Central Institution, became Queen Margaret University College in 1998. Bell College, Hamilton, and the University of the Highlands and Islands (UHI) Millennium Institute became higher education institutions in 2001.

From 1 July 1999, under powers provided in the 1992 Act, a Scottish Further Education Funding Council (SFEFC) came into operation, replacing the former FE Funding Unit of the then Scottish Office Education and Industry Department (later the Scottish Government Lifelong Learning Directorate (SGLLD).

The Further and Higher Education (Scotland) Act 2005 dissolved SFEFC and SHEFC and created a new Scottish Funding Council (SFC). The 2005 Act repealed the sections of the 1992 one which referred to the old Councils. Merging the two Funding Councils allows a more strategic overview of both the FE and HE sectors, increasing transparency and allowing more coherent decision-making which will benefit learners, institutions and the Scottish economy. SFC is responsible for funding Scotland’s Colleges and Universities. The Act also extends the powers of the Scottish Public Services Ombudsman to the actions of FE and HE institutions.

In 1999 the then Scottish Executive decided to separate pre-school and school education from post-school education, training and industry. This move recognised the growing importance of lifelong learning to the economic well-being of Scotland. The Scottish Government Lifelong Learning Directorate (SGLLD) is now responsible for this post-school area.

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Date: 2009
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