Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Business and Regulatory Impact Assessment (BRIA)

Section 4: Additional implementation considerations

Enforcement and compliance

150. The Bill imposes new statutory duties on the SFC and some businesses through amendments to the 2005 Act. However, the Bill does not make provision for any penalties (such as fines or criminal offences). The SFC may also attach conditions of grant or contract to further support compliance with the terms of the legislation. Furthermore, the Bill gives the SFC the power to issue guidance to which businesses must have regard in the carrying out of their particular funded activities.

151. The SFC has the primary role in ensuring compliance. The Auditor General for Scotland also has a power to inspect the accounts and accounting records of any fundable body (under section 28 of the 2005 Act).

152. The principal requirement on businesses will be the provision of information to the SFC in respect of services which the SFC has funded them to deliver. Businesses are currently required to provide certain information to SDS under the terms of any contract for services between them and SDS.

153. Training for apprentices is provided by a range of providers and employers, big and small. Furthermore, there are variations in the proportion of any training providers’ business which comes from SDS at present, and the SFC in future. Finally, the scale of provision (e.g. size of contract) varies between training provider. The SFC, in exercising their functions, will have regard to the size and scale of any business and therefore what might reasonably be expected from them. The SFC will exercise a proportionate approach to information requests.

UK, EU and International Regulatory Alignment and Obligations

Internal Market and Intra-UK Trade

154. The Bill does not affect the internal market or trade within the UK.

International Trade Implications

155. The Bill has no impact on international trade. It does not: affect imports or exports of a specific goods or services; affect trade flows with other countries; impose technical requirements upon (imported) goods; nor include different requirements for domestic and foreign businesses. There are no relevant international standards.

EU Alignment consideration

156. The Bill has no impact on: the Scottish Government’s commitment to maintain and advance the high standards that Scotland shares with the EU; access to EU markets for people, goods, and services; or any implications for EU alignment associated with the United Kingdom Internal Market Act 2020 or Common Framework agreements.

Legal Aid

157. There are no implications for fulfilling individuals' right to access to justice through availability of legal aid and expenditure from the legal aid fund. The Bill has no bearing on people seeking legal assistance or being taken through the courts.

Digital impact

158. The Bill has no direct impact on the use of digital technologies nor does it affect the ability of public bodies or businesses to take account of changing digital technologies and markets.

Business forms

159. The Bill does not introduce any new forms for businesses to complete for monitoring or reporting.