8.Section 2 sets out Qualifications Scotland’s functions relating to qualifications. These functions are:
devising qualifications (this includes the ability to develop different types of qualifications and awards – for example, school based qualifications such as National Qualifications and post-school qualifications such as Scottish Vocational Qualifications – and also includes the ability to devise and develop the subject-matters qualifications might cover),
approving establishments suitable for presenting people for qualifications which are either devised or awarded by it, having regard to the matters set out in section 3(b) in relation to the quality assurance function (this includes ensuring places like schools, colleges, training providers and employers have the right systems set up and meet quality standards to deliver qualifications for learners),
determining entitlement to the qualifications it devises or awards, and as part of this awarding and recording the qualifications (for example, this enables Qualifications Scotland to set entry requirements to study for a certain qualification, as well as determining whether an individual undertaking a qualification has met all the requirements and has done so to a certain level in order to be awarded the qualification or award),
keeping the qualifications it devises under review and revising them, having regard to the requirement in section 3(a) to make appropriate arrangements to satisfy itself as to the quality of the qualifications it devises,
making arrangements for, assisting in and carrying out the assessment of persons undertaking education and training (for example, arranging any examination processes for Qualifications Scotland qualifications, or providing services to other organisations to support the development or delivery of assessment for other qualifications and awards).
9.These functions of devising qualifications and reviewing/revising them include the power to devise a programme of learning, determine what is required to attain the qualification and determine how the qualification is to be assessed.
10.These functions may not be exercised in relation to degrees awarded by universities or other specified institutions.
11.Section 3 makes provision for Qualifications Scotland to satisfy itself as to the quality of the qualifications it devises, and the suitability of education and training establishments which have been approved for presenting people for qualifications devised or awarded by Qualifications Scotland. This latter function includes satisfying itself as to the quality of the procedures adopted by those establishments to assess standards of attainment (in particular for people with educational support needs (as defined in section 63(1))) and the quality of the internal arrangements for monitoring and controlling the effectiveness of those procedures.
12.Section 4 provides for Qualifications Scotland to have the function of accrediting qualifications which meet the requirements specified and published by it, and of satisfying itself as to the suitability of establishments providing accredited qualifications.
13.This function is to be carried out by the Accreditation Committee which must be established and maintained by Qualifications Scotland under paragraph 13 of schedule 1. For further information about the Accreditation Committee and the manner in which it will operate, see paragraphs 186 to 189 of these Notes.
14.This function is not to be exercised in relation to degrees.
15.Section 5 requires Qualifications Scotland to give the Scottish Ministers advice when they request it. The section also allows Qualifications Scotland to give Ministers such other advice as it thinks fit on any matter relating to its functions.
16.Section 6 allows Qualifications Scotland to provide services and act as agent for others. It requires Qualifications Scotland to work in collaboration with others in every case in which it appears to it appropriate to do so, in respect of any matter to which its functions relate. It also allows Qualifications Scotland to confer fellowships or other awards on those who it considers have made an outstanding contribution to the advancement of education or training.
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.
18.Section 8 requires Qualifications Scotland to consult the Strategic Advisory Council (which is to be established by the Scottish Ministers by regulations under section 9) in every case where it considers it appropriate to do so in the exercise of its functions. Qualifications Scotland must have regard to any guidance issued by the Scottish Ministers as to the fulfilment of this requirement. The Scottish Ministers must publish any such guidance they issue. Qualifications Scotland must publish its procedures (and any revisions made to those procedures) for fulfilling the consultation requirement and responding to any advice provided to it by the council.