2(1)Qualifications Scotland is to consist of—
(a)a member appointed by the Scottish Ministers to chair Qualifications Scotland (“the chairing member”),
(b)a member appointed by the Scottish Ministers to be the convener of the Accreditation Committee,
(c)the chief executive appointed under paragraph 8(1)(a),
(d)at least 8 but no more than 12 other members appointed by the Scottish Ministers, and
(e)any co-opted members appointed by Qualifications Scotland under paragraph 7.
(2)The Scottish Ministers may by regulations amend sub-paragraph (1)(d) by substituting a different number for any number for the time being specified there.
(3)Before making regulations under sub-paragraph (2), the Scottish Ministers must consult Qualifications Scotland.
3(1)The Scottish Ministers may appoint a person as a member of Qualifications Scotland only if they consider that the person has skills, knowledge and expertise relevant to the functions of Qualifications Scotland.
(2)The members of Qualifications Scotland must include—
(a)one or more persons who appear to the Scottish Ministers to have knowledge of the interests of persons undertaking a relevant qualification,
(b)5 or more persons who are (subject to sub-paragraph (3))—
(i)registered teachers providing relevant teaching or training in schools, or
(ii)college teaching staff providing relevant teaching or training,
(c)one or more persons who appear to the Scottish Ministers to have knowledge of the interests of the staff of Qualifications Scotland,
(d)one or more persons who appear to the Scottish Ministers to have knowledge of the skills relevant to business and industry.
(3)In appointing persons to satisfy sub-paragraph (2)(b), the Scottish Ministers must ensure that—
(a)the total number of persons appointed to satisfy that sub-paragraph amounts to more than one third of the total number of members of Qualifications Scotland, and
(b)any difference between the number of persons appointed to satisfy sub-paragraphs (i) and (ii) is no more than one.
(4)If a member appointed to satisfy sub-paragraph (2)(b)(i) or (ii) ceases to be a person mentioned in that sub-paragraph—
(a)the member is, for the duration of the member’s period of appointment, to be treated for the purposes of this paragraph as if the member continued to be a person mentioned in that sub-paragraph,
(b)the Scottish Ministers must have regard to the desirability of appointing as a member, as soon as reasonably practicable, a person who is mentioned in sub-paragraph (2)(b).
(5)Before inviting applications for appointment of a member whose appointment is intended to satisfy a paragraph of sub-paragraph (2), the Scottish Ministers must consult the following persons as to the knowledge and any other attributes that those seeking appointment in satisfaction of the relevant paragraph should possess—
(a)in the case of paragraph (a), such persons as the Scottish Ministers consider representative of persons undertaking a relevant qualification,
(b)in the case of paragraph (b)(i), such persons as the Scottish Ministers consider representative of the interests of registered teachers providing relevant teaching or training in schools,
(c)in the case of paragraph (b)(ii), such persons as the Scottish Ministers consider representative of the interests of college teaching staff providing relevant teaching or training,
(d)in the case of paragraph (c), such persons as the Scottish Ministers consider representative of the interests of staff of Qualifications Scotland,
(e)in the case of paragraph (d), such persons as the Scottish Ministers consider representative of the skills development sector.
(6)Before inviting applications for appointment of a member whose appointment is intended to satisfy sub-paragraph (2)(a), the Scottish Ministers must take such steps as they consider appropriate to encourage applications from those who are—
(a)16 or 17 years of age, or
(b)young adults.
(7)A person may not be appointed as a member of Qualifications Scotland if—
(a)the person is—
(i)a member of the Scottish Parliament,
(ii)a member of the House of Commons,
(iii)a member of the House of Lords,
(b)the person is disqualified—
(i)as a company director under the Company Directors Disqualification Act 1986,
(ii)as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,
(iii)under a disqualification provision analogous to either of those mentioned in sub-paragraph (i) or (ii) anywhere in the world.
(8)Sub-paragraph (7)(b) does not apply to a person who is disqualified as mentioned in that sub-paragraph only by—
(a)section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),
(b)section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts etc. from being charity trustees), or
(c)a provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.
(9)The Scottish Ministers must, when appointing members of Qualifications Scotland, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.
(10)In this paragraph—
“relevant qualification” means—
a Qualifications Scotland qualification, or
a qualification accredited by Qualifications Scotland,
“relevant teaching or training” means teaching or training provided to a person in respect of a relevant qualification being undertaken by the person,
“schools” is to be construed in accordance with section 135(1) of the Education (Scotland) Act 1980.
(11)For the purpose of this paragraph, it is immaterial that—
(a)anything done by way of consultation as mentioned in sub-paragraph (5) was done, or
(b)any steps mentioned in sub-paragraph (6) were taken,
before the Bill for this Act was passed or after that but before this paragraph comes into force.
4(1)A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.
(2)The Scottish Ministers may reappoint as a member a person who is, or has been, a member of Qualifications Scotland.
(3)The Scottish Ministers may assign to one of the members—
(a)the function of deputising for the chairing member,
(b)the function of chairing Qualifications Scotland during any period when there is no chairing member.
(4)A member to whom such a function is assigned—
(a)is assigned the function for such period as the Scottish Ministers specify in the assignment,
(b)may resign the assignment by informing the Scottish Ministers in writing to that effect,
(c)is assigned it, and ceases to be assigned it, in accordance with such terms and conditions as the Scottish Ministers determine.
(5)The Scottish Ministers may, subject to any provision made by this Act, determine other terms and conditions of membership.
5(1)A person’s appointment as a member of Qualifications Scotland ends if—
(a)the person resigns by giving written notice to the Scottish Ministers,
(b)during the person’s period of appointment, the person becomes ineligible to be appointed as a member under paragraph 3(7), or
(c)the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.
(2)The Scottish Ministers may remove a member of Qualifications Scotland by virtue of sub-paragraph (1)(c) only if—
(a)the member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),
(b)the member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months,
(c)the member—
(i)was appointed to satisfy paragraph 3(2)(b)(i) or (ii), and
(ii)has ceased to be a person mentioned in that paragraph, or
(d)the Scottish Ministers consider that the member is—
(i)unable to perform the functions of a member, or
(ii)unsuitable to continue as a member.
6Qualifications Scotland may pay each member such remuneration and allowances (including expenses), if any, as the Scottish Ministers determine.
7(1)Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.
(2)Qualifications Scotland may make an appointment under sub-paragraph (1) only—
(a)with the consent of the Scottish Ministers, and
(b)if Qualifications Scotland considers the appointment to be necessary to ensure that its members (taken as a whole) have the knowledge, skills and experience relevant to its functions.
(3)Qualifications Scotland may have no more than two co-opted members at any time.
(4)A co-opted member—
(a)may take part in proceedings of Qualifications Scotland to the extent that Qualifications Scotland determines, but
(b)may not vote in any such proceedings.
(5)A co-opted member—
(a)is appointed for such period not exceeding 2 years as Qualifications Scotland determines,
(b)may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.
(6)Sub-paragraph (2) applies to a re-appointment made under sub-paragraph (5)(b) as it applies to an appointment made under sub-paragraph (1).
(7)A person may not be appointed (or re-appointed) as a co-opted member if the person may not be appointed as a member under paragraph 3(7).
(8)A person’s appointment as a co-opted member ends if—
(a)the person resigns by giving written notice to Qualifications Scotland,
(b)during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under sub-paragraph (7), or
(c)Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.
(9)Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of sub-paragraph (8)(c) only if—
(a)the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),
(b)the co-opted member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months, or
(c)Qualifications Scotland considers or, as the case may be, the Scottish Ministers consider that the co-opted member is—
(i)unable to perform the functions of a co-opted member, or
(ii)unsuitable to continue as a co-opted member.
(10)Other than as provided in this paragraph, a co-opted member of Qualifications Scotland is appointed on such terms and conditions (including as to remuneration and allowances) as Qualifications Scotland, with the consent of the Scottish Ministers, determines.
(11)A reference in paragraphs 3 to 6 to a member or the members of Qualifications Scotland does not include a reference to a co-opted member.