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Governance and financial management at Moray ... - Audit Scotland

Governance and financial management at Moray ... - Audit Scotland

2.7 Ministers may also,

2.7 Ministers may also, under Section 21 of the 1992 Act, give boards ofmanagement directions of a general or specific character with regard to thedischarge of their functions; and it is the duty of a board of management towhom any such directions are given to comply with the directions. UnderSection 24 of the 1992 Act, if it appears that the affairs of the board ofmanagement of any college of further education have been or are beingmismanaged, ministers may by order:■ remove all of the members of the board or any of them (other than theprincipal of the college) and■ subject to certain restrictions, appoint new members to the board in place ofthose so removed.Role of the Enterprise and Lifelong Learning Minister and theDepartment2.8 The Minister for Enterprise and Lifelong Learning and the Scottish ExecutiveEnterprise and Lifelong Learning Department (the Department)set the policyguidance according to which SFEFC and the colleges are expected to deliver anadequate and efficient provision of further education in Scotland. TheDepartment also sponsors SFEFC and monitors its performance against theterms of a management statement issued by the Department which sets a broadpolicy, management and financial framework for SFEFC operations, inparticular:■ the rules and guidelines relevant to the exercise of SFEFC’s powers, functionsand responsibilities■ the conditions under which public funds are paid to SFEFC■ how SFEFC will account for its performance.2.9 The head of the Department is the accountable officer for the vote from whichgrant-in-aid is paid, and is accountable to the Scottish Parliament for the issueof funds to SFEFC. The accountable officer is also responsible for ensuring thatthe financial and other management controls applied by the Department areappropriate and sufficient to safeguard public funds; that those applied bySFEFC in handling these funds conform with the requirements of propriety,good financial management and value for money; and that SFEFC observes theconditions of a financial memorandum issued by the Department in its use ofthe funds.Role of SFEFC2.10 The Scottish Further Education Funding Council (Establishment) (Scotland)Order 1998 (the Establishment Order) delegates to SFEFC the duties ofministers for securing adequate and efficient provision of further education inScotland. In doing so SFEFC may use the following powers:■to do all that is necessary or expedient to exercise the duty to secure adequateand efficient provision of further education in Scotland■those relating to the funding of further education defined in the1992 Act■to give consent to the board of management of an FE college to borrowmoney from any source, give any guarantee or indemnity or create any trustor security over or in respect of any of their property■under Section 18 of the 1992 Act to give consent to the disposal of certaintypes of property.12 Governance and financial management at Moray College

2.11 SFEFC is also required to comply with any directions of a general or specificcharacter with regard to the discharge of its functions given by ministers; tokeep proper accounts and prepare an annual account in accordance with thefinancial memorandum; to provide ministers with such information and advicein connection with the provision of further education as ministers may request;and to provide ministers with such information and advice as SFEFC may thinkfit.2.12 The chief executive of SFEFC is the designated accountable officer for SFEFC.The accountable officer is responsible to the Scottish Ministers and for ensuringthat the funds received by SFEFC are put to uses consistent with the purposefor which they were given and are used in compliance with any conditionsattached to their use. For these responsibilities the accountable officer isaccountable to the Scottish Parliament and is liable to be summoned before theAudit Committee in company with the Departmental accountable officer. TheSFEFC accountable officer may also be required to appear before otherparliamentary subject committees.Governance and financial management at Moray College 13

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