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” 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 2013Consultation period 1 May -14 May Collation of responses, preparation of report on results of consultation and policy issues for consideration in preparing final SSI 15 May 2013 – 24 May 2013Preparation 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

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 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?