Education (Scotland) Act 2025

Part 4 Procedure

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).

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).