Strategic Dialogue on Developing Strong and Effective
Students’ Associations in Scotland’s colleges
Introduction and Context
This paper introduces the
October 2013, placing students’
strategic dialogue, the reasoning
associations at the heart of the
behind it, and what it aims to
new regional college structure. It
achieve. It summarises the
is crucial, therefore, that colleges
importance of students’
and governing bodies work in
associations in the post-16
partnership with students’
education sector going forward,
associations to ensure that a
the current development status of
strong and genuine student voice
college students’ associations in
exists. This strategic dialogue is
Scotland, and their legal context.
aimed at making government
intentions a reality.
Introduction
The Scottish Government’s
Historically, colleges have not
reform of post-16 education has
always met the requirements of
brought massive changes to the
the Education Act 1994 in relation
structure and governance of
to their students’ associations.
colleges in Scotland and to the
The Post-16 Education (Scotland)
way they are funded. These
Act 2013 both simplifies and
changes include a renewed
increases the expectations on
emphasis on the value, role, and
college students’ associations,
responsibilities of college
making it a requirement that
students’ associations, with new
colleges have in place
legal duties arising from the Post
“arrangements for the purpose of
16 Education (Scotland) Act
seeking to ensure that the
2013.
interests of the body’s students
are represented by a students’
The provision for students’
association.” It is therefore
associations is contained in the
important to have a sector wide
Post 16 Education (Scotland) Act
strategic dialogue exploring how
2013 and came into force on 10
colleges and college students’
1
associations can develop to meet
should be strengthened and
their legal requirements and,
become appropriately funded,
most importantly, fulfil their
autonomous and sustainable.”
potential value in college
governance and the student
Scottish Ministers asked the
experience.
Scottish Funding Council to work
with NUS Scotland to take this
“Students associations are part of
recommendation forward. As a
the fabric of university and
result, a working group
college life, for socialising, for
comprising these organisations,
sports and for other activities. But
the Scottish Government and a
they also play a key role in
regional chair was established to
representing students in times of
lead this strategic dialogue.
difficulty, both academically and
personally. It is vital, therefore
The Post-16 Education Act states
that the students of all
that the interests of a body’s
institutions have an effective
students must be represented by
body to represent their interests,
a students’ association. The
support them and help them
purpose of a students’ association
integrate into further or higher
is therefore always the same: to
education.”
represent the voice of students
Cabinet Secretary for Education &
and hold the college to account.
Lifelong Learning, Michael
In order to perform this function
Russell, October 2013
effectively students’ associations
and colleges will have to develop
The Scottish Government
their own approaches, tailored to
accepted the recommendation in
their unique contexts.
Professor Griggs’ report on the
Review of Further Education
Strategic dialogue
Governance January 2012 that
The aim of this strategic dialogue
“Student participation and
is to gather thoughts and views
representation become a
on the future development of
commitment across the College
college students’ associations in
Sector. Student Associations
Scotland by engaging with a
diverse range of stakeholders,
2
particularly those who have
• identify areas for further
experienced the changes across
exploration
the colleges, and how they can be
supported to become strong and
The outcomes of the strategic
effective. There will be a series
dialogue will be used to shape a
of four events held across
framework for strong and
Scotland in order to gather the
effective college students’
views of a cross section of college
associations to be built into
staff and students. The strategic
relevant quality enhancement
dialogue will also include
frameworks where necessary.
discussions with key stakeholders
This dialogue will also invite
through established sector
thoughts on how students’
meetings and networks, and
association development can be
include students, Principals and
best embedded in the college
other college staff and Regional
sector.
Chairs.
Students’ associations, and
The aim of this strategic dialogue
student representation, play a
is not, therefore, to define a ‘one
role in all levels of the life and
size fits all’ model students’
work of the college – through
association. Instead, using the
supporting class reps to sitting on
Griggs review recommendation as
the College Board. They also have
its starting point, it will:
an increasing role to play in the
work of sector agencies, and the
• Identify the key characteristics
development of national policy. It
of strong and effective students’
is therefore essential to the
associations
success of this strategic dialogue
• Identify the key components
that we engage as diverse a
which enable these characteristics
range of stakeholders as possible,
to develop.
gathering their thoughts and
• Make suggestions to the sector
views on the future development
on the support that can be
of college students’ associations
provided to strengthen students’
in Scotland.
associations.
3
There will also be the opportunity
involved in student engagement
to make a written response to the
have neither the legitimacy of an
consultation and we warmly
elected position, nor access to the
welcome contributions from
resources and information on
anyone who has an interest or
wider student views that a
investment in the future of
students’ association can provide.
Scottish college students’
associations. Please contact Kate
A strong, effective students’
Byford, NUS Scotland (email:
association is an autonomous
kate.byford@nus-scotland.org.uk)
voice within the college’s
for further information.
governance structures. The
legitimate representative body of
The importance of students’
the students, it is both separate
associations for colleges, and
to the colleges’ governance
in the post-16 education
structures and part of the college
reform
itself. It can therefore help the
college to develop robust,
As the legally recognised and
independent monitoring and
legitimate representative voice of
governance processes and work
the student body strong, effective
with them to enhance the student
students’ associations are key to
experience at a strategic level. In
college governance, quality, and
addition, it can represent
accountability structures.
individual or groups of students
effectively, giving them greater
They differ from other forms of
impact than they might achieve
student engagement because
alone.
they bring an independent,
collective voice to discussions and
Students’ Associations have a
decision making. Such a
number of activities they are
representative voice can also take
required to deliver by legislation,
an informed position on issues
or by sector agencies. These
and work through its democratic
requirements often also call for a
mandate from the student body
range of other activities to be
to achieve compromise. In
delivered, if the required activity
contrast, unelected students
is to be delivered effectively.
4
For example, as a result of
College students’ associations can
legislation students’ associations
also offer a range of added value
are required to nominate two
outside their representative role.
student board members for the
For example, they are often
college board. That is all that
young students first encounter
they are required to do. However,
with democracy and citizenship,
the value of the student board
they can contribute to other
members lies in their ability to
college strategic priorities such as
bring the student perspective to
equality and diversity, health and
board discussions and decisions.
wellbeing. And, they can offer a
If they are supported by a
range of extra-curricular activity
students’ association which can
and help develop a feeling of
engage a wide diversity of
community within the college,
students, can identify key issues
which has been shown to increase
and opinions, and brief the board
retention.
members on their findings then
the student members’ value to
More and more is being expected
the board increases dramatically.
of college students’ associations
by sector agencies and the
Students’ associations are also
government. For example, their
part of external quality reviews,
involvement in Education
and the negotiation of Outcome
Scotland college reviews, in
Agreements. They are asked to
Outcome Agreement
complete a ‘learner engagement
development, and in nominating
questionnaire’ as part of an
and supporting student board
Education Scotland external
members. They will only be able
review, and under the new quality
to fulfil these responsibilities
arrangements to be involved in
effectively if they have the right
the annual engagement visit.
resources and skills.
Students’ associations are
expected by the SFC to be
involved in the development and
review of college Outcome
Agreements.
5
The Student Engagement
Celebration Report. However,
Framework for Scotland1, in the
while college students’
section on Formal Mechanisms for
associations have also seen some
Governance and Quality, states
improvement, they are in
that:
comparison under-developed.
“Although the important feature
The Review of Further Education
of this element of engagement is
Governance in Scotland, found
the independent, collective
student representation “patchy
student voice, responsibility for
across Colleges with non-
making the association and the
autonomous and underfunded
representative structures work
associations a key problem.”2
needs to be shared across the
partnership.”
In 2011/12 NUS affiliated colleges
reported their block grant as
The Scottish education sector
follows:
treats our students as partners,
not consumers or customers. It is
87% received less than £10,000
therefore right that the sector
block grant. 67% received less
should empower students’
than £5000. 25% received no
associations, as legally
block grant at all. Four colleges
recognised representative bodies,
received between £20,000 and
to fulfil their role in that
£40,000, and one college
partnership.
received slightly more than
£60,000. Thirty-nine college
Current development status of
students’ associations reported
college students’ associations
their block grant to NUS.
Over the past ten years there has
This meant, in effect, that in a
been great strides in student
number of colleges there was no
engagement in colleges, as
students’ associations, and in
described in the sparqs College
many students’ association
activity was minimal.
Student Engagement Framework
for Scotland – accessed 20th
February 2014
1
Review of Further Education
Governance in Scotland p19
2
6
and committees also varies, and
Students’ association autonomy
it is difficult to get an accurate
presented a similar picture,
picture as both associations and
although harder to quantify, with
colleges are currently in a period
the majority of students’
of transition.
associations possessing too little
autonomy to function effectively
The next couple of years will be
as a representative body.
crucial for students’ associations,
and colleges. While there have
Where college students’
been achievements in all regions
associations have made
these are not yet embedded, and
substantial achievements this has
the challenge will be to sustain
often been the work of an
and build upon them.
exceptional student officer – and
therefore has not been
As outlined earlier in this paper,
sustainable.
expectations on college students’
associations have increased as a
Over the past one and a half
result of post-16 reform.
years many students’ associations
have merged, meaning that many
Over the past year and a half, as
students’ associations now are
part of regionalisation, many
newly established. The majority
students’ associations have
of mergers are now technically
received substantial investment.
complete but almost all, like their
The merger transformation fund
colleges, are still developing their
made available ring-fenced
final structures, processes, and
funding for students’ association
cultures. The aim of all students’
development, subsidising many of
associations has been not just to
their achievements over the past
merge but to create stronger
year, and the SFC funded
organisations, capable of more
Partnerships for Change project
effective student representation.
has offered dedicated
consultation and support to
The integration of the students’
students’ associations.
associations’ representative
Partnerships for Change comes to
structures into colleges’ boards
an end in summer 2014, as does
7
the transformation funding for the
and how we can balance ensuring
majority of regions.
they have the professional
support they need to develop and
For those regions, and for the
be accountable while ensuring
non-merging or federating
that they are student led. As the
regions who have not received
transformation fund comes to an
transformation funds, students’
end the question of what
association development is still an
‘appropriately funded’ means, and
ongoing process.
what level of resource students’
associations need in order to fulfil
This dialogue needs to look at
their representative purpose
what all partners can do to enable
needs to be explored. And to
students’ associations to better
ensure that our efforts aren’t lost,
meet the requirement of the
we need to answer what
Post-16 Education (Scotland) Act
‘sustainability’ means for
2013 that colleges have in place
students’ associations.
“arrangements for the purpose of
seeking to ensure that the
Finally as a sector, we need to
interests of the body’s students
discuss and agree our vision for
are represented by a students’
‘strong’, effective students’
association.
associations.
However, we also need to know
where it is we want to get to.
There is a need for a strategic,
sector wide vision for college
students’ associations to guide
and support their development.
This Strategic Dialogue aims to
begin the process of developing
that vision.
Key to this Strategic Dialogue is
the question of what ‘autonomy’
means for students’ associations,
8
Post-16 Education (Scotland) Act
Appendix A: Legal Context
2013
In contrast, the Post-16 Education
Further and Higher Education
Act takes a quality enhancement
(Scotland) Act 1992
approach to students’ associations
The 1992 Further and Higher
with just one simple statement which
Education (Scotland) Act places a
nevertheless raises expectations
duty on College Boards of
above the 1994 Act.
Management to ensure that there is
a students’ association/union within
The Post-16 Education (Scotland) Act
the college.
2013 has created a legal requirement
for government funded colleges to
The majority of colleges in Scotland
have in place “arrangements for the
now have a students’ association in
purpose of seeking to ensure that the
place.
interests of the body’s students are
represented by a students’
Education Act 1994
association.” The Cabinet Secretary
The 1994 Education Act further
for Education and Lifelong Learning,
defines what a students’ association
when introducing this provision, said
is and places further duties on the
that “under the reform process,
Board of Management to ensure that
benefit for all learners should be at
the organisation is run in a free, fair
the heart of everything that we do.
and proper manner. The Act takes a
Autonomous, sustainable and
‘quality assurance’ approach to
appropriately funded student
students’ associations, setting out a
associations will help us to achieve
list of requirements that the
that.”
association has to fulfil. These can be
found in Appendix B.
Colleges are expected to ensure that
students’ associations are fulfilling
However, colleges and students’
their purpose and representing their
associations sometimes fell short of
student body.
meeting all the requirements
9
Further and Higher Education (Scotland) Act 1992
Establishment of students' associations
Schedule 5 Paragraph 9 (1) Where, at the beginning of the transitional period,
there is no students' association established for the students of the college, the
college council shall, as soon as is practicable after that date (after consultation
with such persons as appear to them to be representative of students of the
college), make a scheme for the establishment of a students' association for
students of the college.
(2) The primary function of a students' association of a college established under
this paragraph shall be to represent the interests of students of such college.
(3) A scheme made under sub-paragraph (1) above shall include provision as to—
(a) the date on which the scheme is to come into effect, being a date not later
than the day immediately before the first transfer date; and
(b) the initial composition and constitution of the students' association.
The 1992 Act also states that the student member of the Board of Management
must be:
Nominated by the students’ association of the college from among the students of
the college
10
Appendix B
Education Act 1994
Part II Students’ Unions
20 Meaning of “students’ union”.
(1)In this Part a “students’ union” means—
(a)an association of the generality of students at an establishment to which this
Part applies whose principal purposes include promoting the general interests of
its members as students; or
(b)a representative body (whether an association or not) whose principal
purposes include representing the generality of students at an establishment to
which this Part applies in academic, disciplinary or other matters relating to the
government of the establishment.
(2)References in this Part to a students’ union include an association or body
which would fall within subsection (1) if for the references to the generality of
students at the establishment there were substituted a reference to—
(a)the generality of undergraduate students, or graduate students, at the
establishment; or
(b)the generality of students at a particular hall of residence of the establishment.
(3)References in this Part to a students’ union include an association or body
which consists wholly or mainly of—
(a)constituent or affiliated associations or bodies which are themselves students’
unions within subsection (1) or (2), or
(b)representatives of such constituent or affiliated associations,
and which fulfils the functions of a students’ union within subsection (1) or (2) in
relation to students at an establishment to which this Part applies.
(4)An association or body may be a students’ union within the meaning of this
Part in relation to more than one establishment but not in relation to
establishments generally in the United Kingdom or a part of the United Kingdom.
(5)References in this section to an association of the generality of students, or of
any description of students, include—
(a)any association which the generality of students, or of students of that
description, may join, whether or not it has in membership a majority of them,
and
(b)any association which would fall within paragraph (a) if the references there to
students were confined to full-time students;
11
and references to a representative body whose principal purposes include
representing the generality of students, or of any description of students, shall be
similarly construed.
21 Establishments to which Part II applies.
(1)The establishments in England and Wales to which this Part applies are—
(a)any university receiving financial support under section 65 of the M1Further
and Higher Education Act 1992;
(b)any institution conducted by a higher education corporation or further
education corporation within the meaning of that Act;
(c)any institution designated under section 129 of the M2Education Reform Act
1988 as eligible to receive support from funds administered by a higher education
funding council;
(d)any institution designated under section 28 of the M3Further and Higher
Education Act 1992 as eligible to receive support from funds administered by a
further education funding council;
(e)any institution substantially dependent on financial support under section 6(5)
of that Act (certain institutions providing facilities for part-time, or adult, further
education);
(f)any institution designated, or of a description designated, by order of the
Secretary of State;
(g)any college, school or hall in an establishment within any of the above
paragraphs.
(2)The establishments in Scotland to which this Part applies are—
(a)any institution within the higher education sector for the purposes of section
56(2) of the M4Further and Higher Education (Scotland) Act 1992;
(b)any college of further education (within the meaning of section 36(1) of that
Act), the board of management of which, or in respect of which an appropriate
person, is in receipt of a grant, loan or other payment as mentioned in section
4(1) of that Act;
(c)any
central
institution
within
the
meaning
of
section
135(1)
of
the
M5Education (Scotland) Act 1980;
(d)any institution designated, or of a description designated, by order of the
Secretary of State.
(3)For the purposes of subsection (1)(e) an institution is substantially dependent
on financial support under section 6(5) of the M6Further and Higher Education
Act 1992 in any year in which such support amounts to 25 per cent. or more of
its income.
12
For this purpose “year” means an accounting year of the institution, and “income”
means receipts of any description, including capital receipts.
(4)In subsection (1)(g) “college” includes any institution in the nature of a
college.
(5)References in this Part to the governing body of an establishment are to the
executive governing body which has responsibility for the conduct of affairs of the
establishment and the management and administration of its revenue and
property.
22 Requirements to be observed in relation to students’ unions.
(1)The governing body of every establishment to which this Part applies shall
take such steps as are reasonably practicable to secure that any students’ union
for students at the establishment operates in a fair and democratic manner and is
accountable for its finances.
(2)The governing body shall in particular take such steps as are reasonably
practicable to secure that the following requirements are observed by or in
relation to any students’ union for students at the establishment—
(a)the union should have a written constitution;
(b)the provisions of the constitution should be subject to the approval of the
governing body and to review by that body at intervals of not more than five
years;
(c)a student should have the right—
(i)not to be a member of the union, or
(ii)in the case of a representative body which is not an association, to signify that
he does not wish to be represented by it,
and students who exercise that right should not be unfairly disadvantaged, with
regard to the provision of services or otherwise, by reason of their having done
so;
(d)appointment to major union offices should be by election in a secret ballot in
which all members are entitled to vote;
(e)the governing body should satisfy themselves that the elections are fairly and
properly conducted;
(f)a person should not hold sabbatical union office, or paid elected union office,
for more than two years in total at the establishment;
(g)the financial affairs of the union should be properly conducted and appropriate
arrangements should exist for the approval of the union’s budget, and the
monitoring of its expenditure, by the governing body;
13
(h)financial reports of the union should be published annually or more frequently,
and should be made available to the governing body and to all students, and each
such report should contain, in particular—
(i)a list of the external organisations to which the union has made donations in
the period to which the report relates, and
(ii)details of those donations;
(i)the procedure for allocating resources to groups or clubs should be fair and
should be set down in writing and freely accessible to all students;
(j)if the union decides to affiliate to an external organisation, it should publish
notice of its decision stating—
(i)the name of the organisation, and
(ii)details of any subscription or similar fee paid or proposed to be paid, and of
any donation made or proposed to be made, to the organisation,
and any such notice should be made available to the governing body and to all
students;
(k)where the union is affiliated to any external organisations, a report should be
published annually or more frequently containing—
(i)a list of the external organisations to which the union is currently affiliated, and
(ii)details of subscriptions or similar fees paid, or donations made, to such
organisations in the past year (or since the last report),
and such reports should be made available to the governing body and to all
students;
(l)there
should
be
procedures
for
the
review
of
affiliations
to
external
organisations under which—
(i)the current list of affiliations is submitted for approval by members annually or
more frequently, and
(ii)at such intervals of not more than a year as the governing body may
determine, a requisition may be made by such proportion of members (not
exceeding 5 per cent.) as the governing body may determine, that the question
of continued affiliation to any particular organisation be decided upon by a secret
ballot in which all members are entitled to vote;
(m)there should be a complaints procedure available to all students or groups of
students who—
(i)are dissatisfied in their dealings with the union, or
(ii)claim to be unfairly disadvantaged by reason of their having exercised the
right referred to in paragraph (c)(i) or (ii) above,
which should include provision for an independent person appointed by the
governing body to investigate and report on complaints;
14
(n)complaints should be dealt with promptly and fairly and where a complaint is
upheld there should be an effective remedy.
(3)The governing body of every establishment to which this Part applies shall for
the purposes of this section prepare and issue, and when necessary revise, a
code of practice as to the manner in which the requirements set out above are to
be carried into effect in relation to any students’ union for students at the
establishment, setting out in relation to each of the requirements details of the
arrangements made to secure its observance.
(4)The governing body of every establishment to which this Part applies shall as
regards any students’ union for students at the establishment bring to the
attention of all students, at least once a year—
(a)the code of practice currently in force under subsection (3),
(b)any restrictions imposed on the activities of the union by the law relating to
charities, and
(c)where the establishment is one to which section 43 of the M7Education (No.2)
Act 1986 applies (freedom of speech in universities and colleges), the provisions
of that section, and of any code of practice issued under it, relevant to the
activities or conduct of the union.
(5)The governing body of every establishment to which this Part applies shall
bring to the attention of all students, at least once a year, and shall include in any
information which is generally made available to persons considering whether to
become students at the establishment—
(a)information as to the right referred to in subsection (2)(c)(i) and (ii), and
(b)details of any arrangements it has made for services of a kind which a
students’ union at the establishment provides for its members to be provided for
students who are not members of the union.
(6)In subsections (2), (4) and (5) the expression “all students” shall be construed
as follows—
(a)in relation to an association or body which is a students’ union by virtue of
section 20(1), the reference is to all students at the establishment;
(b)in relation to an association or body which is a students’ union by virtue of
section 20(2), the reference is to all undergraduate, or all graduate, students at
the establishment or to all students at the hall of residence in question, as the
case may be;
(c)in relation to an association or body which is a students’ union by virtue of
section 20(3), the reference is to all the students who by virtue of section 20(1)
or (2) are comprehended by that expression in relation to its constituent or
affiliated associations or bodies.
15
(7)In this section the expression “members”, in relation to a representative body
which is not an association, means those whom it is the purpose of the union to
represent, excluding any student who has exercised the right referred to in
subsection (2)(c)(ii).
(8)In subsection (2)(j) to (l) the references to affiliation to an external
organisation, in relation to a students’ union for students at an establishment,
include any form of membership of, or formal association with, an organisation
whose purposes are not confined to purposes connected with that establishment.
(9)Subsection (2)(d) and (l)(ii) (elections and affiliations: requirements to hold
secret ballot of all members) do not apply in the case of an open or distance
learning establishment, that is, an establishment where the students, or the great
majority of them, are provided with materials for private study and are not
required to attend the establishment to any significant extent or at all.
16
Appendix C
Post 16 Education (Scotland) Act 2013
5 Regional colleges
(3)A regional college must, where it considers it appropriate to do so in the
exercise of its functions, consult— .
(b)its students’ association;
(5)A regional college must, so far as is consistent with the proper exercise of its
functions, seek to secure the collaboration with the regional college of the
following persons— .
(b)the regional college’s students’ association;
6 Colleges: boards of management
“3(1)The board of a regional college is to consist of no fewer than 15 nor more
than 18 members. .
(2)The board is to be comprised of— .
(e)two persons appointed by being nominated by the students’ association of the
college from among the students of the college;
3A(1)The board of a college which is not a regional college is to consist of no
fewer than 13 nor more than 18 members. .
(2)The board is to be comprised of— .
(e)two persons appointed by being nominated by the students’ association of the
college from among the students of the college; and
“7C Assignation of colleges.
(1)The Scottish Ministers may by order assign colleges of further education to a
regional strategic body
(6)Before making an order under this section, the Scottish Ministers must
consult— .
(d)the students’ associations of the colleges to which the order relates;
23MRegional strategic bodies: consultation and collaboration.
(1)A regional strategic body must, where it considers it appropriate to do so in
the exercise of its functions, consult— .
(c)the students’ association of any of its colleges;
17
(3)A regional strategic body must, so far as is consistent with the proper exercise
of its functions, seek to secure the collaboration with the body of any or all of the
following persons— .
(c)the students’ associations of its colleges;
(2)A regional strategic body may give such directions to its colleges, or to any of
them, as it considers appropriate. .
(4)Before giving directions under this section, a regional strategic body must
consult— .
(c)the students’ association of every such college.
(1)A regional strategic body may require any of its colleges to transfer such of its
staff, property, rights, liabilities or obligations as may be specified in the
requirement— .
(a)to another of its colleges; or .
(b)to the regional strategic body.
(3)Before making a requirement under subsection (1), the regional strategic body
must consult— .
(c)the students’ association of every such college.
Regional Boards: constitution
Membership
3(1)The board is to consist of no fewer than 15 members. .
(2)The board is to be comprised of— .
(e)two persons appointed in accordance with paragraph 4; and
4(1)The students’ associations of the board’s colleges are each entitled to
nominate students for appointment in pursuance of paragraph 3(2)(e). .
(2)Where only two students are so nominated, those students are to be so
appointed. .
(3)Members are otherwise to be so appointed by being elected by the students of
all the board’s colleges from among the students so nominated. .
(4)Sub-paragraphs (1) to (3) do not apply where only two colleges are assigned
to the board and, in such a case, the students’ association of each college is to
appoint one member from among the students of their respective colleges. .
Election of staff and student members
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5(1)An election to appoint members in pursuance of paragraph 3(2)(c) or (d) or
4(3) is to be conducted in accordance with rules made by the board. .
(2)Before making, varying or replacing election rules, the board must consult— .
(a)its colleges; .
(b)in the case of rules about elections in pursuance of paragraph 3(2)(c), the
representatives of any trade union which any of its colleges recognise as being, or
which otherwise appears to the board to be, representative of the teaching staff
of its colleges; .
(c)in the case of rules about elections to be held in pursuance of paragraph
3(2)(d), the representatives of any trade union which any of its colleges
recognise as being, or which otherwise appears to the board to be, representative
of the non-teaching staff of its colleges; and .
(d)in the case of rules about elections in pursuance of paragraph 4(3), the
students’ associations of each of its colleges.
(7)A member appointed in pursuance of paragraph 3(2)(e) is to vacate office if
the member ceases to be a student of one of the board’s colleges before the
member’s period of appointment ends.
“14AReview of fundable further and higher education.
(1)The Council may, with the consent of the Scottish Ministers, review the extent
to which fundable further education or fundable higher education is being
provided by post-16 education bodies in a coherent manner.
(4)When conducting a review, the Council must consult— .
(d)the students’ association of any post-16 education body to which the review
relates; and .
(e)any body which appears to be the Council to be representative of the interests
of students of post-16 education bodies generally.
Schedule: Modification of Enactments
Further and Higher Education (Scotland) Act 2005 (asp 6)
(5)In section 7— .
(a)in subsection (2)— .
(i)after paragraph (f) insert— .
“(fa)arrangements for the purpose of seeking to ensure that the interests of the
body’s students are represented by a students’ association;”
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Appendix D: Ministerial and NUS Scotland endorsements
The provision for students’ associations within the Post-16 Education (Scotland)
Act came into force on 10 October 2013.
The Cabinet Secretary for Education & Lifelong Learning
“Students associations are part of the fabric of university and college life, for
socialising, for sports and for other activities. But they also play a key role in
representing students in times of difficulty, both academically and personally. It is
vital, therefore that the students of all institutions have an effective body to
represent their interests, support them and help them integrate into further or
higher education.
“Today is the first day in the history of Scottish education that the law has
recognised the need for colleges and universities to have such a body. We are
making good on our promise to put learners at the centre and the Post 16
Education (Scotland) Act also delivers much greater democratic accountability in
college governance and enhances the already prominent role of the sector in
widening access to people in our poorest communities.”
“Putting in statute key parts of the regionalisation and reform agenda will give
colleges in particular a key role in supporting young people into jobs, helping
employers create the right opportunities, and therefore aiding economic growth.”
Gordon Maloney, President of NUS Scotland
“The requirement in the Post-16 Act that colleges need to have a students’
association is an extremely welcome one. Students’ associations can only be
effective in representing students’ views when they are able to operate as a
critical friend to their college, raise the issues faced by students that colleges
need to address and be listened to seriously.
“For far too long student input into how colleges are run has been missing. The
Griggs Report into college governance clearly highlighted the benefits of strong,
autonomous, sustainable and appropriately funded students’ association for the
sector as a whole. This should be a message to colleges to make that a reality.
“During the process of regionalisation, it’s vital that the students not only have a
voice into any proposed changes to how colleges operate but that this voice is
heard. This is only truly possible with active associations that having the funding
and freedom to provide the support student representatives need, whether in the
classroom or in the boardroom. ”
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