Office of Public Sector Information

SCHEDULE 2[Section 19.] Further Provisions and Savings relating to the Winding Down Period

Vesting of existing bodies' foreign property in the Scottish Qualifications Authority

1 (1) It shall be the duty of each existing body and SQA to take, at such time during the existing body’s winding down period as SQA considers appropriate, all such steps as may be requisite to secure that the vesting in SQA, by virtue of section 17 of this Act or this paragraph, of any foreign property, right, liability or obligation is effective under the relevant foreign law.

(2) During their winding down period, until such vesting as is mentioned in sub-paragraph (1) above in SQA is effective in foreign law, it shall be the duty of each existing body to hold the property or right in question for the benefit of, or to discharge the liability on behalf of, SQA.

(3) Nothing in sub-paragraphs (1) and (2) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of such vesting as is so mentioned.

(4) Each existing body shall have all such powers as may be requisite for the performance of its duty under this paragraph, but—

(a) it shall be the duty of SQA during the existing body’s winding down period to act on its behalf (so far as possible) in performing the duty imposed on the existing body by this paragraph; and

(b) any foreign property, right, liability or obligation acquired or incurred by the existing body during that period shall immediately become the property, right, liability or obligation of SQA.

(5) References in this paragraph to any foreign property, right, liability or obligation are references to any property, right, liability or obligation as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outwith the United Kingdom.

Final reports and accounts of existing bodies etc.

2 (1) Notwithstanding the repeal by this Act of section 129 of the [1980 c. 44.] Education (Scotland) Act 1980, regulations 14 and 16 of the [S.I. 1981/1562.] Scottish Examination Board Regulations 1981 (duty to keep accounts and submit annual report to Secretary of State), shall continue to apply to the Scottish Examination Board in respect of—

(a) each financial year ending before the transfer date;

(b) such subsequent period ending with the SEB dissolution date (notwithstanding that period is longer than twelve months) as if the SEB dissolution date were the last day of the subsequent financial year.

(2) The Scottish Vocational Education Council shall be under a duty to continue to keep accounting records, to submit them for auditing purposes and to make a report to the Secretary of State in accordance with Articles 42 to 49 of its Articles of Association in respect of—

(a) each financial year ending before the transfer date;

(b) such subsequent period ending with the SCOTVEC dissolution date (notwithstanding that period is longer than twelve months) as if the SCOTVEC dissolution date were the last day of the subsequent financial year.

(3) In this paragraph “financial year”—

(a) in relation to the Scottish Examination Board, means the period of twelve months ending with 31st December;

(b) in relation to the Scottish Vocational Education Council, means the period of twelve months ending with 31st March.

SCHEDULE 3[Section 20.] Transitional Provisions for SQA

Continuity of exercise of functions

1 (1) Any relevant thing done by or in relation to the existing body before the dissolution date appointed in relation to that body by virtue of section 19(3) of this Act shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to SQA.

(2) Any relevant thing which, immediately before that date, is in the process of being done by or in relation to the existing body may continue to be done by or in relation to SQA.

(3) In this paragraph “relevant” in relation to anything done by or in relation to the existing body before that date means anything which, if it were to be done on or after that date, would be done by or in relation to SQA.

Payment of grants by Secretary of State

2 (1) The Secretary of State may make grants to SQA in respect of any expenditure incurred by it in pursuance of its functions under section 20 of this Act and this Schedule.

(2) Grants made under this paragraph may be made subject to such conditions as, with the consent of Treasury, the Secretary of State thinks appropriate and such conditions—

(a) may be imposed before, after or at the time the grant is made; and

(b) may relate to any time, whether before or after the payment of the grant.

(3) The terms and conditions on which the Secretary of State may make any grants under this paragraph may include in particular conditions—

(a) enabling him to require the repayment, in whole or in part, of sums paid by him if any other condition subject to which the sums were paid is not complied with; and

(b) requiring the payment of interest in respect of any period during which a sum due to him in accordance with any other condition remains unpaid.

(4) A condition imposed in pursuance of sub-paragraph (2) above shall not have effect as regards anything done, or omitted to have been done, before the date the condition was imposed.

Information

3 The existing bodies shall provide SQA with all information which SQA may reasonably require for the purpose of the exercise of its functions under this Schedule and section 20 of this Act.

Application of Part I

4 Sections 9, 10 and 12 of this Act shall have effect in relation to SQA during the transitional period.