Education (Scotland) Act 2025

Chapter 2 Administration of Qualifications Scotland and its committees

Regulation of procedure

14 (1) In each financial year, at least one meeting of Qualifications Scotland is to be open to the public.

(2) But during consideration of any matter which Qualifications Scotland is satisfied should be dealt with on a confidential basis, those entitled to attend as members of the public may be temporarily excluded.

(3) Qualifications Scotland must take reasonable steps to promote attendance at its public meetings by members of the public.

(4) The power to give directions with which compliance is required under paragraph 10(4) includes the power for Qualifications Scotland to direct its committees or sub-committees—

(a) to open at least one of their meetings each financial year to the public, and

(b) to take reasonable steps to promote attendance at their respective public meetings by such persons as Qualifications Scotland considers appropriate.

(5) At any meeting of the Accreditation Committee, a quorum is established only if the majority of members present at the meeting are not members, or members of staff, of Qualifications Scotland.

(6) The Scottish Ministers may by regulations make such further provision as they see fit in relation to the procedure (including quorum) of Qualifications Scotland and that of any of its committees or sub-committees.

(7) Subject to this paragraph and any regulations made under it, Qualifications Scotland may regulate its own procedure (including quorum) and that of any of its committees or sub-committees other than—

(a) the Accreditation Committee,

(b) any sub-committee of the Accreditation Committee.

(8) Subject to this paragraph and any regulations made under it, the Accreditation Committee may regulate its own procedure (including quorum) and that of any of its sub-committees.

Authority to perform functions

15 (1) Qualifications Scotland may authorise—

(a) any of its members,

(b) any committee or sub-committee established by it,

(c) any member of its staff,

(d) subject to the consent of the Scottish Ministers, any other person,

to perform such of its functions (and to such extent) as it may determine.

(2) But Qualifications Scotland may not authorise another person to perform any of the following functions—

(a) approving its corporate plan for submission to the Scottish Ministers under section 16,

(b) approving its annual report prepared under section 17,

(c) approving its accounts for submission to the Scottish Ministers under section 20,

(d) the functions of the Accreditation Committee.

(3) The Accreditation Committee may authorise—

(a) any of its members,

(b) any sub-committee established by it,

(c) any member of staff of Qualifications Scotland,

to perform such of its functions (and to such extent) as it may determine.

(4) But the Accreditation Committee may not authorise another person to perform any of the following functions—

(a) approving the corporate plan prepared under section 24,

(b) approving the annual report prepared under section 25.

(5) The giving of authority under this paragraph to perform a function does not—

(a) affect Qualifications Scotland’s or (as the case may be) the Accreditation Committee’s responsibility for the performance of the function, or

(b) prevent Qualifications Scotland or (as the case may be) the Accreditation Committee from performing the function itself.

Member consultation requirement

16 (1) In the exercise of Qualifications Scotland’s functions, the members appointed to satisfy paragraph 3(2)(c) must, in every case in which Qualifications Scotland considers it appropriate to do so, consult such persons with an interest as Qualifications Scotland considers appropriate.

(2) For the purposes of sub-paragraph (1), persons with an interest are—

(a) persons who are members of staff of Qualifications Scotland,

(b) representatives from recognised trade unions which represent the interests of the persons mentioned in paragraph (a),

(c) other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraph (a).

(3) In sub-paragraph (2)(b), “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 and “recognised”, in relation to a trade union, is to be construed in accordance with section 178(3) of that Act.

Validity of things done

17 The validity of anything done by Qualifications Scotland or its committees or sub-committees is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member or the chief executive,

(c) a person’s membership ending by virtue of paragraph 5(1)(b).