The Requirements for Community Learning and
Development (Scotland) Regulations, 2013
Consultation on a draft Scottish
Statutory Instrument (SSI)
The Requirements for Community Learning and
Development (Scotland) Regulations, 2013
• Background and context
• Legislation and the SSI
• Key issues for discussion and comment
BACKGROUND AND CONTEXT
The existing statutory basis for CLD
• Education (Scotland) Act 1980
“Local authorities provide community education as part
of the exercise of their duty under section 1 of the
Education (Scotland) Act 1980 to secure the adequate
and efficient provision of further education.”
(Scottish Office Education and Industry Department Circular 4.99)
• Local Government in Scotland Act 2003, human
rights legislation, equalities legislation
The current policy context
Public service reform
“Prevention, performance, people, partnership”
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•
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Community empowerment legislation
Review of Community Planning
Post-16 education
CLD Strategic Guidance
CfE, social policy frameworks, GIRFEC
Why Legislation?
• Limitations of current statutory basis for CLD
• Expectations arising from public service reform
• “CLD to be delivered as a consistent, central element
of public services in Scotland”
(CLD Strategic Guidance, June 2012)
• Provide the legislative basis for setting priorities to
reflect this
• Support the auditing of needs, strengths and
opportunities with learners and communities
What is an SSI?
• Scottish Statutory Instruments (SSIs) are subordinate
legislation.
• Once an Act is in place SSIs fill in the detail of how it will
operate.
• Subordinate legislation is normally made under powers
granted by primary legislation (statute).
• It usually takes the form of regulations or orders
From the draft to legislation
Up to 1 May 2013
1 May -14 May
Consultation period
Collation of responses, preparation of report
on results of consultation and policy issues
for consideration in preparing final SSI
15 May 2013 – 24 May 2013
Preparation of final SSI
Week beginning 27 May 2013
SSI signed by Minister for Children and Young
People and laid in Parliament
1 September 2013 onwards
SSI in force
LEGISLATION AND THE SSI
Education Scotland Act, 1980
• Under section 1 of the 1980 Act, education authorities have a duty to
secure adequate and efficient provision of further education
• In the Act, further education includes—
– voluntary part-time and full-time courses of instruction for persons over school age;
– social, cultural and recreative activities and physical education and training, either as
voluntary organised activities designed to promote the educational development of
persons taking part therein or as part of a course of instruction
• Under section 2, the Scottish Government has power to prescribe the
standards and requirements which education authorities have to meet in
discharging their functions under section 1 of this Act
http://www.legislation.gov.uk/ukpga/1980/44/contents
CLD, the 1980 Act and the SSI
• “Local authorities provide community education as part of the exercise of
their duty under section 1 of the Education (Scotland) Act 1980 to secure
the adequate and efficient provision of further education.”
(Scottish Office Education and Industry Department Circular 4.99)
• “The Scottish Ministers make the following Regulations in exercise of the
powers conferred by section 2 of the Education (Scotland) Act 1980 and all
other powers enabling them to do so.”
(The Requirements for Community Learning and Development
[Scotland] Regulations 2013 - DRAFT)
The SSI
• Definitions (Section 1)
• How CLD provision is to be secured (Section 2)
• Consultation on how CLD provision is to be secured
(Section 3)
• Requirement to publish 3-year plan (Section 4 [1])
• What the plan will be required to specify (Section
4[2])
• Consultation before publication of the plan (Section
4 [3])
KEY ISSUES FOR DISCUSSION AND
COMMENT
What the SSI is seeking to achieve
• To strengthen the legislative basis for CLD
• To support the achievement of policy goals:
– Communities across Scotland - but particularly those who
are disadvantaged - have access to the CLD support they
need.
– Communities across Scotland are enabled to express their
needs for CLD provision.
– CPPs, local authorities and providers of public services
more generally respond appropriately to the expectations
set by the CLD Strategic Guidance
Questions for Comment
1. How well do you think the draft SSI will help
to strengthen the legislative basis for CLD?
2. Are there aspects of the draft SSI that you
think could be improved?
If yes
– What are they?
– What is the nature of the change you think
should be made?
www.educationscotland.gov.uk