Education (Scotland) Act 2025

Accountability of Qualifications Scotland

16 Corporate plan of Qualifications Scotland

(1) Qualifications Scotland must submit a corporate plan to the Scottish Ministers as soon as reasonably practicable after the day on which this section comes into force.

(2) Before the corporate plan is submitted to the Scottish Ministers, it must be approved by a vote of the members of Qualifications Scotland, in which a majority of those voting cast their vote in favour of it.

(3) A corporate plan under this section—

(a) must set out—

(i) the main objectives of Qualifications Scotland,

(ii) the outcomes by reference to which the achievement of those objectives will be assessed,

(iii) a general description of the main activities which Qualifications Scotland plans to undertake,

(iv) what Qualifications Scotland intends to do to satisfy—

(A) the requirements of section 7,

(B) the expectations set out in its charters,

(b) may include such other material as Qualifications Scotland considers appropriate.

(4) Despite subsection (3)(a), a corporate plan need not include details of objectives or activities which relate to the function conferred by section 4(1) (but see section 24).

(5) Before preparing a corporate plan Qualifications Scotland must consult—

(a) such persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,

(b) such persons who are providing teaching or training in respect of a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,

(c) such employers as Qualifications Scotland considers appropriate,

(d) such other persons as Qualifications Scotland considers appropriate,

on how Qualifications Scotland can, in the exercise of its functions, align with the economic, social and environmental priorities of the Scottish Ministers.

(6) The Scottish Ministers must—

(a) approve the corporate plan,

(b) approve the corporate plan with any modifications they consider appropriate, or

(c) reject the corporate plan.

(7) Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Qualifications Scotland before doing so.

(8) Where the Scottish Ministers reject the corporate plan—

(a) the Scottish Ministers must publish their reasons for rejecting the plan, and

(b) Qualifications Scotland must, as soon as reasonably practicable, modify the corporate plan and resubmit it to the Scottish Ministers.

(9) As soon as reasonably practicable after a corporate plan is approved by the Scottish Ministers—

(a) Qualifications Scotland must publish it, and

(b) the Scottish Ministers must lay a copy of it before the Scottish Parliament.

(10) Qualifications Scotland—

(a) may submit a new corporate plan to the Scottish Ministers at any time, and

(b) must do so when so required by the Scottish Ministers.

(11) Subsections (2) and (6) to (8) apply to a new corporate plan, and to a modified corporate plan submitted under subsection (8)(b), as they apply to the corporate plan submitted under subsection (1).

17 Annual report of Qualifications Scotland

(1) Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on its activities during that year, and

(b) send a copy of the report to the Scottish Ministers.

(2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

(3) A report under subsection (1) must include a statement of what Qualifications Scotland has done during that year to satisfy—

(a) the requirements of section 7,

(b) the expectations set out in its charters.

(4) Where Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, a report under subsection (1) must set out—

(a) any failures,

(b) the reasons for those failures,

(c) the steps that Qualifications Scotland has taken, or intends to take, to remedy those failures.

(5) Despite subsection (1)(a), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see section 25).

(6) It is otherwise for Qualifications Scotland to determine the form and content of each report.

18 Annual quality assurance compliance report of Qualifications Scotland

(1) Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on the operation during that year of its arrangements, made in accordance with section 3(a), for satisfying itself as to the quality of qualifications devised under section 2(1)(a), and

(b) send a copy of the report to the Scottish Ministers.

(2) The Scottish Ministers must lay a copy of a report under subsection (1) before the Scottish Parliament.

(3) A report under subsection (1) must set out—

(a) the arrangements that were in place during the financial year, and

(b) how Qualifications Scotland complied with those arrangements during that year.

(4) It is otherwise for Qualifications Scotland to determine the form and content of each report and, in particular, the report may be part of another document.

(5) In preparing a report under subsection (1), Qualifications Scotland must consult—

(a) the Learner Interest Committee,

(b) the Teacher and Practitioner Interest Committee.

19 Reports of advice to Qualifications Scotland from certain committees

(1) Qualifications Scotland must prepare and publish reports setting out a summary of—

(a) the advice provided to it by—

(i) the Learner Interest Committee,

(ii) the Teacher and Practitioner Interest Committee,

(iii) the Accreditation Committee,

(b) Qualifications Scotland’s response to such advice.

(2) Qualifications Scotland must publish a report under subsection (1) within the period of 12 months beginning with—

(a) in the case of the first report, the day on which this section comes into force,

(b) in the case of subsequent reports, the day on which the last report was published under subsection (1).

20 Accounts and audit of Qualifications Scotland

(1) Qualifications Scotland must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(c) send a copy of the statement to the Scottish Ministers.

(2) The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Qualifications Scotland, send it to the Auditor General for Scotland for auditing.

21 Scottish Ministers’ power to direct Qualifications Scotland

(1) Qualifications Scotland must comply with any direction issued to it by the Scottish Ministers.

(2) A direction issued by the Scottish Ministers to Qualifications Scotland—

(a) may be general or relate to a particular function or matter,

(b) may vary or revoke an earlier direction under this section,

(c) must—

(i) be in writing, and

(ii) be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to Qualifications Scotland.

(3) Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult Qualifications Scotland about it.

22 Guidance by the Scottish Ministers to Qualifications Scotland

(1) In addition to having regard to any guidance issued as mentioned in section 8(2) or 9(3)(f)(ii), Qualifications Scotland must also have regard to any other guidance issued by the Scottish Ministers in respect of the exercise of Qualifications Scotland’s functions.

(2) The Scottish Ministers must publish any guidance issued as mentioned in subsection (1).

23 Provision of information by Qualifications Scotland

Qualifications Scotland must provide the Scottish Ministers with such information as the Scottish Ministers reasonably request relating to the carrying out or proposed carrying out of Qualifications Scotland’s functions.