19.Section 9 requires the Scottish Ministers to establish a Strategic Advisory Council, by regulations (subject to the negative procedure – see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). The council will be established to consider matters relating to the functions and procedure of Qualifications Scotland and the qualifications devised or awarded by it, and to provide advice to Qualifications Scotland and the Scottish Ministers.
20.The regulations establishing the council may provide (among other things) for the appointment of its members, the terms of appointment of these people and other administrative and procedural matters relating to how the council is to operate.
21.The regulations must make provision for the appointment of co-conveners, one of whom is to be a member of Qualifications Scotland and one of whom is not to be such a member (though it would be possible for the regulations to make provision by virtue of subsection (2)(d) allowing the council to continue to function in the event of a temporary vacancy in these positions). The regulations are further required to make provision about the council’s membership, specifically that—
members of staff of Qualifications Scotland cannot be appointed to the council (though see also subsection (3)(f)(iii), as commented on at paragraph 22 below),
one or more of the council members must represent the interests of children and young people (regardless of whether they are undertaking a Qualifications Scotland qualification),
one or more members must represent the interests of parents of children and young people undertaking a Qualifications Scotland qualification,
members are to be appointed for a term not exceeding 4 years (with the potential of reappointment for one or more further terms, up to a total membership duration of 12 years). It should be noted that because the co-conveners are drawn from the ordinary membership (see subsection (3)(a)), these rules on the maximum duration would apply to the co-conveners just as they would apply to other members.
22.The regulations must also make provision requiring the council, in the exercise of its functions and in every case in which it appears to it appropriate to do so, to consult such of the persons and committees mentioned in subsection (4) as the council considers appropriate and to have regard to any consultation carried out by Qualifications Scotland. The regulations must further provide that the council must have regard to any guidance issued by the Scottish Ministers as to compliance with these requirements (which must be published by the Scottish Ministers), and that the council must allow members of staff of Qualifications Scotland to observe or participate in meetings of the council (at the discretion of the conveners).