227.This Chapter of schedule 4 amends relevant public bodies legislation so as to encompass Qualifications Scotland.
228.Paragraph 1 adds Qualifications Scotland to the list of devolved public bodies in schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“
have a code of conduct for its members, whose compliance with the code will be policed by the Standards Commission for Scotland (see sections 3 and 9 of the 2000 Act), and
maintain a public register of its members’ interests (see section 7 of the 2000 Act).
229.Paragraph 2 adds Qualifications Scotland to the list of authorities in schedule 2 of the Scottish Public Services Ombudsman Act 2002 (“
make the exercise of administrative functions by Qualifications Scotland amenable to investigation by the ombudsman (see section 5 of the 2002 Act),
oblige Qualifications Scotland to have its own complaints handling procedure that complies with the statement of principles published by the ombudsman under section 16A of the 2002 Act,
permit Qualifications Scotland to be made subject to the further requirement to have a complaints handling procedure that complies with a model complaints handling procedure prepared by the ombudsman (see sections 16B and 16C of the 2002 Act).
230.Paragraph 3 adds Qualifications Scotland to the list of Scottish public authorities in schedule 1 of the Freedom of Information (Scotland) Act 2002 (“
231.Being a public authority within the meaning of the FOI (S) Act also makes Qualifications Scotland a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
232.In addition, it means that Qualifications Scotland falls within the definition of a “public body” under section 44 of the Climate Change (Scotland) Act 2009. This means that it must act in a way calculated to contribute to the delivery of climate change targets and any climate change adaptation programme and in the way that it considers is most sustainable. It can also have further duties, including reporting duties, imposed upon it.
233.Further, as a public authority within the meaning of the FOI (S) Act, Qualifications Scotland is a “public authority” or “
234.Paragraph 4 adds Qualifications Scotland to the list of specified authorities in schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“
235.Paragraph 5(2) adds Qualifications Scotland to the list of bodies in schedule 5 of the Public Services Reform (Scotland) Act 2010 (“
modify, confer, abolish, transfer or provide for the delegation of any function of a public body,
amend the constitution of a public body.
236.Paragraph 5(3) adds Qualifications Scotland to the list of bodies in schedule 8 of the 2010 Act. This means that Qualifications Scotland will be subject to the duties to report after each financial year on:
expenditure (see section 31 of the 2010 Act), and
the steps it has taken to promote and increase sustainable growth and improve its efficiency, effectiveness and economy (see section 32 of the 2010 Act).
237.Paragraph 6 makes Qualifications Scotland subject to the duties created by the Public Records (Scotland) Act 2011 to produce, implement and keep under review a records management plan.
238.Paragraph 7 makes Qualifications Scotland subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014 regarding their procurement activities and some specific measures aimed at promoting good, transparent and consistent practice in procurement.
239.Paragraph 8 adds Qualifications Scotland to the list of bodies in schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (“
240.addition, the 2018 Act requires that steps be taken to encourage women to apply to be members of Qualifications Scotland (see section 5 of the 2018 Act), and further steps to be taken to promote gender balance in the membership if the 50% target has not been reached by particular dates (see section 6 of the 2018 Act).
241.Paragraph 9 adds Qualifications Scotland to the list of relevant authorities in the schedule of the Islands (Scotland) Act 2018. This means that Qualifications Scotland must have regard to island communities in carrying out its functions (see section 7(1) of the Islands (Scotland) Act 2018).
242.Paragraph 10 replaces reference to the Scottish Qualifications Authority in the Further and Higher Education (Scotland) Act 1992 with reference to Qualifications Scotland. This will have the effect of bringing qualifications awarded by Qualifications Scotland within the definition of “further education” in section 1 of that Act, and including any qualification known as the Qualifications Scotland national certificate in the list of courses which set the standard above which education is treated as “higher education”.
243.Paragraph 11 repeals the bulk of the Education (Scotland) Act 1996, which amongst other matters established the Scottish Qualifications Authority. The provisions which are repealed all relate to the Authority’s establishment.
244.Paragraph 12 repeals the Scottish Qualifications Authority Act 2002, which made provision for the membership and procedures of the Scottish Qualifications Authority and established a committee to consider and advise on qualifications awarded by it. The functions of the Authority will now be undertaken by Qualifications Scotland and the Accreditation Committee.
245.Paragraph 13 modifies the Further and Higher Education (Scotland) Act 2005 to replace references to the Scottish Qualifications Authority with references to Qualifications Scotland. This ensures that references to things which were previously done by the Scottish Qualifications Authority will continue to apply when those things are done by Qualifications Scotland.
246.Paragraph 14 modifies the Children and Young People (Scotland) Act 2014 so that Qualifications Scotland assumes the duty to publish a report of what steps it has taken to secure better or further effect of the rights and obligations set out in Part 1 of the United Nations Convention on the Rights of the Child and specified parts of the protocols to it, in place of the Scottish Qualifications Authority.
247.Paragraph 15 modifies the Coronavirus (Recovery and Reform) (Scotland) Act 2022 to replace references to the Scottish Qualifications Authority approving education and training establishments with references to Qualifications Scotland doing so.