Education (Scotland) Act 2025

Appointment of initial board members

5 (1) The person who is, immediately before the date on which this paragraph fully comes into force (the “member appointment date”), the chairing member of the Scottish Qualifications Authority is, on that date, taken to have been appointed as the chairing member of Qualifications Scotland under paragraph 2(1)(a) of schedule 1.

(2) The Scottish Ministers may by regulations provide that a person who is, immediately before the member appointment date, a member (other than the chairing member) of the Scottish Qualifications Authority, is to be taken to have been appointed as a member of Qualifications Scotland under paragraph 2(1) of schedule 1.

(3) Regulations under sub-paragraph (2) may provide that—

(a) a person mentioned in sub-paragraph (4) is to be treated for the purposes of schedule 1 as if the person were appointed as a member of Qualifications Scotland to satisfy paragraph 3(2)(b)(i) or (ii) of that schedule,

(b) where, before the member appointment date, such a person has ceased to be a person mentioned in that paragraph, the person is to be treated for the purposes of schedule 1 as if the person had ceased to be a person mentioned in that paragraph after being appointed as a member of Qualifications Scotland.

(4) A person referred to in sub-paragraph (3) is a person who—

(a) is to be taken to have been appointed as a member of Qualifications Scotland by virtue of regulations made under sub-paragraph (2), and

(b) was a person mentioned in paragraph 3(2)(b)(i) or (as the case may be) (ii) of schedule 1 when appointed as a member of the Scottish Qualifications Authority.

(5) A person who is a member of Qualifications Scotland by virtue of sub-paragraph (1) or (2) is referred to in this paragraph as an “initial member”.

(6) Except as may be agreed between the Scottish Ministers and an initial member, the terms of the member’s appointment are the same as the terms on which the member was appointed as a member of the Scottish Qualifications Authority so far as consistent with this Act.

(7) For the purposes of this paragraph, the “chairing member of the Scottish Qualifications Authority” is the chairman of the Scottish Qualifications Authority appointed under paragraph 8 of schedule 1 of the Education (Scotland) Act 1996.