Student Awards Agency Scotland - Guidance document clarification: FOI release

Information requested

The document has no headers, dates, signatures, logos, version numbers, or any other indicators that it is an official SAAS policy document or internal guidance in force. It appears to be a compiled excerpt or created specifically for this FOI request. To clarify the document's status and authority, please confirm:

1. Under which specific statutory provision, regulation, or delegated authority this document/guidance was issued or authorised.

2. Whether this is the current, operative version of SAAS internal guidance for assessing tuition fee eligibility for accelerated/graduate-entry LLB courses.

3. The date this guidance was last updated or approved.

4. Whether this guidance forms part of the official decision-making framework used by SAAS assessors.

There are also some inconsistencies I would like addressed specifically:

5. The guidance applies a categorical exclusion for "graduate entry" courses. Under which provision of the 2022 Regulations is this exclusion authorised?

6. Where in the 2005 Act s.5(3)(b) or the 2022 Regulations is the exclusion for courses "designed for graduates only" set out?

7. Under which statutory provision can a first degree course be reclassified as a "second degree" for funding purposes?

8. You state under s.17(1) that you do not hold information on rejection reasons; this seems implausible. Please provide the course titles and institutions for the 37 rejected applications.

9. What is SAAS's definition of "first degree" for tuition fee eligibility purposes and how does it reflect the 2005 Act's broad "any first degree course" definition?

10. What specific courses are included in the 869 approved applications for tuition fee funding on graduate entry courses?

11. If rejection reasons are not documented, how does SAAS evidence "individual assessments" under the 2022 Regulations?

12. Regarding SFC funding arrangements, under which provision of the 2005 Act or 2022 Regulations permits amending the s.5(3)(b) definition of fundable higher education?

Response

1. Under which specific statutory provision, regulation, or delegated authority this document/guidance was issued or authorised.

The Student Support (Scotland) Regulations 2022 are made under the power contained in section 73(f) of the Education (Scotland) Act 1980. Ministers may make a determination in relation to allowances under regulation 3(2) of the 2022 Regulations and terms and conditions of funding are determined by way of policy guidance.

The guidance referred to forms part of the policy framework through which Ministers determine conditions of funding.

2. Whether this is the current, operative version of SAAS internal guidance for assessing tuition fee eligibility for accelerated/graduate-entry LLB courses.

Yes, the document provided is the current internal guidance used for assessing tuition fee eligibility for accelerated/graduate entry LLB courses.

3. The date this guidance was last updated or approved.

The last update to this guidance occurred on 2 December 2025.

4. Whether this guidance forms part of the official decision-making framework used by SAAS assessors.

Yes, this guidance forms part of the official decision-making framework used by SAAS assessors when determining eligibility.

There are also some inconsistencies I would like addressed specifically:

5. The guidance applies a categorical exclusion for "graduate entry" courses. Under which provision of the 2022 Regulations is this exclusion authorised?

Student support is provided under the Education (Scotland) Act 1980 and regulations made under it, including the Student Support (Scotland) Regulations 2022.

Regulation 3(2) of the 2022 Regulations provides that Scottish Ministers may determine different allowances and impose different terms and conditions in relation to allowances.

6. Where in the 2005 Act s.5(3)(b) or the 2022 Regulations is the exclusion for courses "designed for graduates only" set out?

Funding conditions for student support, including eligibility for graduate-entry courses, are determined by Ministers under the statutory powers referenced above and documented in operational guidance. No recorded information exists explicitly linking the statutory provisions to these exclusions. In terms of section 17(1) of FOISA, this is formal notice that SAAS does not hold the information requested.

7. Under which statutory provision can a first degree course be reclassified as a "second degree" for funding purposes?

The relevant legislation does not define the term “first degree course”. Ministers determine conditions of funding through policy guidance.

SAAS does not hold recorded information identifying a statutory provision that reclassifies a course as a “second degree.” Funding determinations are made under the powers contained in the 1980 Act and the 2022 Regulations, subject to conditions determined by Ministers.

In terms of section 17(1) of FOISA, this is formal notice that SAAS does not hold the information requested.

8. You state under s.17(1) that you do not hold information on rejection reasons; this seems implausible. Please provide the course titles and institutions for the 37 rejected applications.

The course titles for all rejected applications were Accelerated/Graduate Entry LLB programmes. The institutions associated with these rejected applications were:

• University of Edinburgh
• University of Glasgow
• Edinburgh Napier University
• University of Stirling
• University of Strathclyde
• University of Aberdeen
• University of Dundee.

9. What is SAAS's definition of "first degree" for tuition fee eligibility purposes and how does it reflect the 2005 Act's broad "any first degree course" definition?

SAAS does not hold a recorded definition of the term “first degree.”

As stated in your previous FOI response dated 29 January 2026, the term is used operationally within internal guidance to refer to whether an applicant has previously completed a degree-level qualification and the level at which that prior qualification was completed.

In terms of section 17(1) of FOISA, this is formal notice that SAAS does not hold the information requested.

10. What specific courses are included in the 869 approved applications for tuition fee funding on graduate entry courses?

There were not 869 approved tuition fee applications, and we apologise for any confusion arising from the earlier information referenced in your previous FOI response dated 29 January 2026.

After reviewing the previous response it has come to our attention that we have misinterpreted question 1 of your original FOI request and provided you with incorrect information. We are now undertaking an internal review of your initial request and will provide you with a response in due course. We apologise for the inconvenience this has caused.

If rejection reasons are not documented, how does SAAS evidence "individual assessments" under the 2022 Regulations?

This was addressed at Question 2 of your FOI response of 29 January 2026.

SAAS does not record rejection reasons in a reportable format, and no further recorded information is held.

In terms of section 17(1) of FOISA, this is formal notice that SAAS does not hold the information requested.

Regarding SFC funding arrangements, under which provision of the 2005 Act or 2022 Regulations permits amending the s.5(3)(b) definition of fundable higher education?

Section 5(3)(b) of the Further and Higher Education (Scotland) Act 2005 may be modified by the Scottish Ministers by order made under section 5(5) of the 2005 Act. SAAS is not aware of any order having been made under section 5(5).

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