Education (Scotland) Act 2025

Chapter 1 Committees

Committees

10 (1) In addition to those established in accordance with paragraphs 11 to 13, Qualifications Scotland—

(a) may establish such further committees as it sees fit,

(b) may establish such sub-committees as it sees fit, other than in relation to the Accreditation Committee where the committee itself may establish such sub-committees as it sees fit.

(2) The membership of a committee or sub-committee may include persons who are not members of Qualifications Scotland.

(3) Qualifications Scotland may pay such remuneration and allowances (including expenses) as the Scottish Ministers determine to each member of a committee or sub-committee who is not a member of, or member of staff of, Qualifications Scotland.

(4) Subject to paragraph 13(3)(a), a committee or sub-committee must comply with any directions given to it by Qualifications Scotland.

(5) If Qualifications Scotland establishes a committee under sub-paragraph (1) with functions which primarily concern the governance of the staff of Qualifications Scotland, the convener of the committee must be a member appointed to satisfy paragraph 3(2)(c).

The Learner Interest Committee

11 (1) Qualifications Scotland must establish and maintain a committee to be known as the Learner Interest Committee.

(2) The function of the committee is to advise the members and staff of Qualifications Scotland in relation to the exercise of Qualifications Scotland’s functions from the perspective of persons undertaking a Qualifications Scotland qualification.

(3) The committee—

(a) may include one member of Qualifications Scotland who was appointed to satisfy paragraph 3(2)(a),

(b) other than any appointment made under paragraph (a), must consist of—

(i) children and young people (whether or not they have experience in relation to undertaking a Qualifications Scotland qualification), and

(ii) other persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification.

(4) The committee members appointed by virtue of sub-paragraph (3)(b) must not include persons who are members of, or members of staff of, Qualifications Scotland.

(5) In the event that a committee member is appointed by virtue of sub-paragraph (3)(a), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.

(6) A committee member appointed by virtue of sub-paragraph (3)(a) is not entitled to vote at any meeting of the committee.

(7) In appointing persons to the committee, Qualifications Scotland must—

(a) encourage equal opportunities and in particular the observance of the equal opportunity requirements,

(b) have regard to the desirability of the committee including persons who—

(i) have experience of being in the care system,

(ii) are from a socio-economically disadvantaged background, or

(iii) have educational support needs.

(8) Before appointing a person as a member of the committee, Qualifications Scotland must consult the Scottish Ministers.

(9) In the exercise of its functions, the committee must, in every case in which it appears to the committee appropriate to do so, consult—

(a) the Strategic Advisory Council,

(b) the Teacher and Practitioner Interest Committee,

(c) any other committee or sub-committee established by Qualifications Scotland,

(d) such other persons as the committee considers appropriate.

(10) Qualifications Scotland must convene a meeting of members of Qualifications Scotland and of the committee where—

(a) the committee reasonably requests a meeting, or

(b) Qualifications Scotland otherwise considers it appropriate to do so.

(11) For the purposes of sub-paragraph (3)(b)(i), “children and young people” means persons under the age of 18.

The Teacher and Practitioner Interest Committee

12 (1) Qualifications Scotland must establish and maintain a committee to be known as the Teacher and Practitioner Interest Committee.

(2) The function of the committee is to advise the members and staff of Qualifications Scotland in relation to the exercise of Qualifications Scotland’s functions from the perspective of persons providing teaching or training in respect of a Qualifications Scotland qualification.

(3) The committee—

(a) may include one member of Qualifications Scotland who was appointed to satisfy paragraph 3(2)(b),

(b) other than any appointment made under paragraph (a), must consist of—

(i) one or more persons who are undertaking, or who have recent experience of undertaking, training to be teachers in schools, and

(ii) persons who are providing teaching or training, or have recent experience of providing teaching or training, in respect of a Qualifications Scotland qualification.

(4) The committee members appointed by virtue of sub-paragraph (3)(b) must not include persons who are members of, or members of staff of, Qualifications Scotland.

(5) In the event that a committee member is appointed by virtue of sub-paragraph (3)(a), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.

(6) A committee member appointed by virtue of sub-paragraph (3)(a) is not entitled to vote at any meeting of the committee.

(7) In appointing persons to the committee, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(8) Before appointing a person as a member of the committee, Qualifications Scotland must consult the Scottish Ministers.

(9) In the exercise of its functions, the committee must, in every case in which it appears to the committee appropriate to do so, consult—

(a) the Strategic Advisory Council,

(b) the Learner Interest Committee,

(c) any other committee or sub-committee established by Qualifications Scotland,

(d) representatives from recognised trade unions which represent the interests of the persons mentioned in sub-paragraph (3)(b),

(e) such other persons as the committee considers appropriate.

(10) Qualifications Scotland must convene a meeting of members of Qualifications Scotland and of the committee where—

(a) the committee reasonably requests a meeting, or

(b) Qualifications Scotland otherwise considers it appropriate to do so.

The Accreditation Committee

13 (1) Qualifications Scotland must establish and maintain a committee to be known as the Accreditation Committee.

(2) The functions of the committee are to—

(a) carry out the function conferred by section 4(1),

(b) advise the Scottish Ministers on any matters relating to that function.

(3) In carrying out its functions, the committee (and any sub-committee of it)—

(a) is not subject to the direction or control of Qualifications Scotland, and

(b) must act independently of Qualifications Scotland (but this does not prevent the committee or any sub-committee of it and Qualifications Scotland from sharing information with each other).

(4) The committee is to consist of—

(a) the convener appointed under paragraph 2(1)(b), and

(b) individuals appointed by the convener as committee members, a majority of whom must not be members of Qualifications Scotland.

(5) Members of staff of Qualifications Scotland may not be appointed as members of the committee but they must be allowed to observe or participate in meetings of the committee at the discretion of the convener.

(6) The Scottish Ministers may assign to a person appointed as a member of Qualifications Scotland—

(a) the function of deputising for the convener,

(b) the function of convening the committee during any period when there is no convener.

(7) 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,

(d) is, when exercising the function, to be treated as being a member of the committee (if not otherwise such a member).