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Education (Scotland) Act 2025

The Accreditation Committee

186.Paragraph 13 requires Qualifications Scotland to establish an Accreditation Committee. The function of this Committee is to perform the function conferred on Qualifications Scotland by section 4(1) – that is, the function of accrediting qualifications which meet requirements specified and published by Qualifications Scotland, and of satisfying itself as to the suitability of establishments providing accredited qualifications. The committee is also to advise the Scottish Ministers on any matters relating to that function.

187.The committee (and its sub-committees) cannot be directed by Qualifications Scotland and must act independently of it, although the committee (and its sub-committees) and Qualifications Scotland may share information with each other.

188.The convener of the Accreditation Committee (who is appointed under paragraph 2(1)(b)) is to appoint the other members to the committee, the majority of whom must be people other than members of Qualifications Scotland. Members of staff of Qualifications Scotland cannot be appointed as members of the committee, but they must be allowed to observe or participate in committee meetings at the discretion of the convener.

189.This paragraph also allows a member of Qualifications Scotland to be appointed by the Scottish Ministers to deputise for the convener – which covers deputising for someone who is appointed as convener but is unable to act and also acting when there is a vacancy in that role. Any function of so deputising is assigned for such period as the Scottish Ministers specify when making the appointment and the appointment is subject to any other terms and conditions that are specified by Ministers. This role of deputising can be resigned without resulting in resignation as a member. If the deputy is not already a member of the committee in their own right, they are to be treated as a member of the committee when acting as the deputy. It should be noted that the deputy may not be the chief executive of Qualifications Scotland, as the deputy may only be someone who is appointed as a member of Qualifications Scotland and the chief executive is not an appointed member but rather becomes a member ex officio.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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