Education (Scotland) Act 1996

Dissolution of the Scottish Examination Board and of the Scottish Vocational Education Council: the Winding Down Period

19 Dissolution of the Scottish Examination Board and of the Scottish Vocational Education Council

(1) The Scottish Examination Board and the Scottish Vocational Education Council shall continue in existence after the transfer date until the body in question is dissolved under subsection (3) below.

(2) The period of each of the existing body’s continued existence is, in relation to that body, referred to in this Part of this Act as its “winding down period”.

(3) The Secretary of State may by order, on a date so specified in the order—

(a) after consulting the Scottish Examination Board and SQA, dissolve the Scottish Examination Board (such date being referred to in this Part of this Act as the “SEB dissolution date”);

(b) after consulting the Scottish Vocational Education Council and SQA, dissolve the Scottish Vocational Education Council (such date being referred to in this Part of this Act as the “SCOTVEC dissolution date”),

as soon as he is satisfied that nothing further remains to be done by the Scottish Examination Board or, as the case may be, the Scottish Vocational Education Council (whether under this section or Schedule 2 to this Act or otherwise).

(4) The same date may be appointed as the SEB dissolution date and the SCOTVEC dissolution date.

(5) The Secretary of State may by order vary—

(a) the SEB dissolution date; and

(b) the SCOTVEC dissolution date;

at any time prior to the date in question.

(6) During the winding down period an existing body shall, subject to Schedule 2 to this Act, have such functions as are necessary or expedient—

(a) to facilitate the transfer of its property, rights, liabilities, obligations and staff to SQA in pursuance of sections 17 and 18 of this Act; and

(b) to facilitate or enable the effective carrying on by SQA of its functions after the transfer date.

(7) Subject to paragraph 1 of Schedule 2 to this Act, nothing in this section shall authorise an existing body to enter into a contract of employment with any person.

(8) Schedule 2 to this Act shall have effect in relation to the existing bodies and SQA during the winding down period.

(9) Any expenses incurred by an existing body in pursuance of this section or Schedule 2 to this Act shall be met by SQA.