Section 7 – Duties when exercising functions
17.Section 7 imposes several duties on Qualifications Scotland when exercising its functions:
Qualifications Scotland must promote and advance education and training (including training and education reflecting the current and future needs in relation to improving Scotland’s economy).
In every case in which it appears to it appropriate to do so, Qualifications Scotland must consult such persons with an interest as it considers appropriate. The relevant persons with an interest are defined in subsection (2) as being persons undertaking a Qualifications Scotland qualification, persons providing teaching or training in respect of such a qualification, and such other persons as Qualifications Scotland considers appropriate.
Qualifications Scotland must have regard to the needs and interests of persons using its services (for example, those seeking to attain its qualifications or education establishments presenting people for qualifications). This includes those who are receiving, or wish to receive, British Sign Language learner education or medium education, Gaelic learner education or medium education, or the teaching of British Sign Language or the Gaelic language in further education.
Qualifications Scotland must also have regard to any advice provided to it by the Strategic Advisory Council, which is to be established by the Scottish Ministers under section 9 (see paragraphs 19 to 21 of these Notes).
Qualifications Scotland must have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership. However, this requirement does not apply during any period in which the credit and qualifications framework mentioned there does not have affect. Subsection (3)(a) also provides the Scottish Ministers with the power to modify subsection (1)(e) through regulations to substitute in another credit and qualifications framework (as defined in subsection (5)). Any such regulations would be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Qualifications Scotland must have regard to any representations made in writing to it about the exercise of its functions by either the Scottish Further and Higher Education Funding Council or the Skills Development Scotland Co. Limited. The Scottish Ministers have the power (under subsection (3)(b)) to modify subsection (1)(f)(ii) through regulations to substitute another person or to change the reference where the person mentioned there changes name. Regulations changing the person would be subject to the negative procedure but regulations simply updating the text following a name change are subject to no procedure and are just laid before the Parliament.
Qualifications Scotland must also have regard to any developments in how people undertake education and training which are relevant to carrying out assessments, to the economic, social and environmental priorities of the Scottish Ministers, and to the need to operate in a way which is transparent and accountable.
Qualifications Scotland must also, so far as is reasonably practicable, prioritise the provision of services in Scotland. This does not prevent Qualifications Scotland from delivering services outwith Scotland, and simply requires that, where practicable, priority be given to services within Scotland.
