6.This section establishes the body to be known as ‘Qualifications Scotland’. The body’s Gaelic name, ‘Teisteanasan Alba’, has equal legal status. As a body corporate, Qualifications Scotland has a legal personality separate from that of the people who comprise it.
7.This section also provides that Qualifications Scotland has the functions conferred on it under or by virtue of this Act and any other enactment, as well as introducing the schedule which makes further provision about the body’s composition and other matters. See paragraphs 152 to 199 of these Notes for commentary on schedule 1.
8.Section 2 sets out Qualifications Scotland’s functions relating to qualifications. These functions are:
devising qualifications (this includes the ability to develop different types of qualifications and awards – for example, school based qualifications such as National Qualifications and post-school qualifications such as Scottish Vocational Qualifications – and also includes the ability to devise and develop the subject-matters qualifications might cover),
approving establishments suitable for presenting people for qualifications which are either devised or awarded by it, having regard to the matters set out in section 3(b) in relation to the quality assurance function (this includes ensuring places like schools, colleges, training providers and employers have the right systems set up and meet quality standards to deliver qualifications for learners),
determining entitlement to the qualifications it devises or awards, and as part of this awarding and recording the qualifications (for example, this enables Qualifications Scotland to set entry requirements to study for a certain qualification, as well as determining whether an individual undertaking a qualification has met all the requirements and has done so to a certain level in order to be awarded the qualification or award),
keeping the qualifications it devises under review and revising them, having regard to the requirement in section 3(a) to make appropriate arrangements to satisfy itself as to the quality of the qualifications it devises,
making arrangements for, assisting in and carrying out the assessment of persons undertaking education and training (for example, arranging any examination processes for Qualifications Scotland qualifications, or providing services to other organisations to support the development or delivery of assessment for other qualifications and awards).
9.These functions of devising qualifications and reviewing/revising them include the power to devise a programme of learning, determine what is required to attain the qualification and determine how the qualification is to be assessed.
10.These functions may not be exercised in relation to degrees awarded by universities or other specified institutions.
11.Section 3 makes provision for Qualifications Scotland to satisfy itself as to the quality of the qualifications it devises, and the suitability of education and training establishments which have been approved for presenting people for qualifications devised or awarded by Qualifications Scotland. This latter function includes satisfying itself as to the quality of the procedures adopted by those establishments to assess standards of attainment (in particular for people with educational support needs (as defined in section 63(1))) and the quality of the internal arrangements for monitoring and controlling the effectiveness of those procedures.
12.Section 4 provides for Qualifications Scotland to have the function of accrediting qualifications which meet the requirements specified and published by it, and of satisfying itself as to the suitability of establishments providing accredited qualifications.
13.This function is to be carried out by the Accreditation Committee which must be established and maintained by Qualifications Scotland under paragraph 13 of schedule 1. For further information about the Accreditation Committee and the manner in which it will operate, see paragraphs 186 to 189 of these Notes.
14.This function is not to be exercised in relation to degrees.
15.Section 5 requires Qualifications Scotland to give the Scottish Ministers advice when they request it. The section also allows Qualifications Scotland to give Ministers such other advice as it thinks fit on any matter relating to its functions.
16.Section 6 allows Qualifications Scotland to provide services and act as agent for others. It requires Qualifications Scotland to work in collaboration with others in every case in which it appears to it appropriate to do so, in respect of any matter to which its functions relate. It also allows Qualifications Scotland to confer fellowships or other awards on those who it considers have made an outstanding contribution to the advancement of education or training.
17.Section 7 imposes several duties on Qualifications Scotland when exercising its functions:
Qualifications Scotland must promote and advance education and training (including training and education reflecting the current and future needs in relation to improving Scotland’s economy).
In every case in which it appears to it appropriate to do so, Qualifications Scotland must consult such persons with an interest as it considers appropriate. The relevant persons with an interest are defined in subsection (2) as being persons undertaking a Qualifications Scotland qualification, persons providing teaching or training in respect of such a qualification, and such other persons as Qualifications Scotland considers appropriate.
Qualifications Scotland must have regard to the needs and interests of persons using its services (for example, those seeking to attain its qualifications or education establishments presenting people for qualifications). This includes those who are receiving, or wish to receive, British Sign Language learner education or medium education, Gaelic learner education or medium education, or the teaching of British Sign Language or the Gaelic language in further education.
Qualifications Scotland must also have regard to any advice provided to it by the Strategic Advisory Council, which is to be established by the Scottish Ministers under section 9 (see paragraphs 19 to 21 of these Notes).
Qualifications Scotland must have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership. However, this requirement does not apply during any period in which the credit and qualifications framework mentioned there does not have affect. Subsection (3)(a) also provides the Scottish Ministers with the power to modify subsection (1)(e) through regulations to substitute in another credit and qualifications framework (as defined in subsection (5)). Any such regulations would be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Qualifications Scotland must have regard to any representations made in writing to it about the exercise of its functions by either the Scottish Further and Higher Education Funding Council or the Skills Development Scotland Co. Limited. The Scottish Ministers have the power (under subsection (3)(b)) to modify subsection (1)(f)(ii) through regulations to substitute another person or to change the reference where the person mentioned there changes name. Regulations changing the person would be subject to the negative procedure but regulations simply updating the text following a name change are subject to no procedure and are just laid before the Parliament.
Qualifications Scotland must also have regard to any developments in how people undertake education and training which are relevant to carrying out assessments, to the economic, social and environmental priorities of the Scottish Ministers, and to the need to operate in a way which is transparent and accountable.
Qualifications Scotland must also, so far as is reasonably practicable, prioritise the provision of services in Scotland. This does not prevent Qualifications Scotland from delivering services outwith Scotland, and simply requires that, where practicable, priority be given to services within Scotland.
18.Section 8 requires Qualifications Scotland to consult the Strategic Advisory Council (which is to be established by the Scottish Ministers by regulations under section 9) in every case where it considers it appropriate to do so in the exercise of its functions. Qualifications Scotland must have regard to any guidance issued by the Scottish Ministers as to the fulfilment of this requirement. The Scottish Ministers must publish any such guidance they issue. Qualifications Scotland must publish its procedures (and any revisions made to those procedures) for fulfilling the consultation requirement and responding to any advice provided to it by the council.
19.Section 9 requires the Scottish Ministers to establish a Strategic Advisory Council, by regulations (subject to the negative procedure – see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). The council will be established to consider matters relating to the functions and procedure of Qualifications Scotland and the qualifications devised or awarded by it, and to provide advice to Qualifications Scotland and the Scottish Ministers.
20.The regulations establishing the council may provide (among other things) for the appointment of its members, the terms of appointment of these people and other administrative and procedural matters relating to how the council is to operate.
21.The regulations must make provision for the appointment of co-conveners, one of whom is to be a member of Qualifications Scotland and one of whom is not to be such a member (though it would be possible for the regulations to make provision by virtue of subsection (2)(d) allowing the council to continue to function in the event of a temporary vacancy in these positions). The regulations are further required to make provision about the council’s membership, specifically that—
members of staff of Qualifications Scotland cannot be appointed to the council (though see also subsection (3)(f)(iii), as commented on at paragraph 22 below),
one or more of the council members must represent the interests of children and young people (regardless of whether they are undertaking a Qualifications Scotland qualification),
one or more members must represent the interests of parents of children and young people undertaking a Qualifications Scotland qualification,
members are to be appointed for a term not exceeding 4 years (with the potential of reappointment for one or more further terms, up to a total membership duration of 12 years). It should be noted that because the co-conveners are drawn from the ordinary membership (see subsection (3)(a)), these rules on the maximum duration would apply to the co-conveners just as they would apply to other members.
22.The regulations must also make provision requiring the council, in the exercise of its functions and in every case in which it appears to it appropriate to do so, to consult such of the persons and committees mentioned in subsection (4) as the council considers appropriate and to have regard to any consultation carried out by Qualifications Scotland. The regulations must further provide that the council must have regard to any guidance issued by the Scottish Ministers as to compliance with these requirements (which must be published by the Scottish Ministers), and that the council must allow members of staff of Qualifications Scotland to observe or participate in meetings of the council (at the discretion of the conveners).
23.Section 10 requires Qualifications Scotland to establish an Expert Group on Qualifications Standards. The purpose of this group is to advise Qualifications Scotland on the quality of qualifications devised by Qualifications Scotland (under the function conferred by section 2(1)(a)). The membership of this group cannot contain members of, or members of staff of, Qualifications Scotland.
24.Section 11 requires Qualifications Scotland to prepare and publish a learner charter within 6 months of this section coming into force. The charter must be prepared in collaboration with the Learner Interest Committee (as established by paragraph 11 of schedule 1) and such other invited persons as wish to participate.
25.The charter must set out what children, young people and adults undertaking a qualification devised or awarded by Qualifications Scotland should expect from Qualifications Scotland in the exercise of its functions. For example, these expectations could include: how and when Qualifications Scotland communicates with and involves learners; how Qualifications Scotland adapts processes to meet different learner needs or interests; or how it will remove barriers to accessing qualifications and awards for different learners. The learner charter may also include such other information as Qualifications Scotland considers appropriate. In the preparation of the charter, Qualifications Scotland must have regard to the desirability of the charter securing better or further effect of the rights of children.
26.The persons Qualifications Scotland invites to participate in the preparation of the learner charter must include children and young people undertaking a Qualifications Scotland qualification, parents of children and young people undertaking such a qualification, other persons undertaking such a qualification, other persons whom Qualifications Scotland believes represent the interests of persons undertaking such qualifications, persons undertaking such a qualification who use British Sign Language, persons who have educational support needs (as defined in section 63(1)), persons who have experience of being in the care system as children and young people, and persons who are from socio-economically disadvantaged backgrounds. When inviting people to participate in the preparation of the charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements. The preparation of the charter may take place before this section comes into force.
27.Prior to the finalisation of the charter, Qualifications Scotland must provide the Strategic Advisory Council (see paragraphs 19 to 21 of these Notes) and the Scottish Ministers with the opportunity to comment on the charter, and must have regard to any comments received from the council and Ministers in response.
28.Section 12 requires Qualifications Scotland to prepare and publish a teacher and practitioner charter within 6 months of this section coming into force. This charter must be prepared in collaboration with the Teacher and Practitioner Interest Committee (as established by paragraph 12 of schedule 1) and such other invited persons as wish to participate.
29.The charter must set out what persons providing teaching or training in respect of a qualification devised or awarded by Qualifications Scotland should expect from Qualifications Scotland in the exercise of its functions. For example, these expectations could include: how and when Qualifications Scotland communicates with and involves teachers and other practitioners; what Qualifications Scotland will do to act on teacher and other practitioners’ concerns with qualifications or assessments; or how teachers and other practitioners are better supported in delivering learning and teaching for Qualifications Scotland qualifications. The teacher and practitioner charter may also include such other information as Qualifications Scotland considers appropriate.
30.The persons Qualifications Scotland invites to participate in the preparation of the teacher and practitioner charter must include persons providing teaching or training for a Qualifications Scotland qualification, persons training to be a teacher, and persons whom Qualifications Scotland believes represent the interests of such persons. When inviting persons to participate in the preparation of the charter, Qualifications Scotland must encourage equal opportunities, and in particular the observance of the equal opportunity requirements. The preparation of the charter may take place before this section comes into force.
31.Prior to the finalisation of the charter, Qualifications Scotland must provide the Strategic Advisory Council (see paragraphs 19 to 21 of these Notes) and the Scottish Ministers with the opportunity to comment on the charter, and must have regard to any comments received from the council and Ministers in response.
32.Qualifications Scotland must review each of the charters within 5 years of their respective publication dates, and then within 5 years of each subsequent review relating to that charter. Qualifications Scotland may revise a charter following a review of that charter, and must publish any revised version as soon as reasonably practicable. As any revised charter will still be “the charter”, the rules about its content (as set out in sections 11 and 12 respectively) will apply automatically. The requirements for collaborative production of the charters which are set out in sections 11 and 12 apply to production of any revised charters.
33.Qualifications Scotland must, from time to time, consider whether to prepare and publish charters for persons using its services, other than those covered by the learner charter and the teacher and practitioner charter (provided for in sections 11 and 12 respectively).
34.Section 15 requires Qualifications Scotland, within 6 months of this section coming into force, to prepare are publish guidance on arrangements that can be made to assist people with educational support needs with undertaking Qualifications Scotland qualifications. The term “educational support needs” is defined in section 63(1). Qualifications Scotland may revise this guidance from time to time and, where it does so, it must publish the revised guidance.
35.Section 16 makes provision about Qualifications Scotland’s corporate plan. This must be prepared by Qualifications Scotland as soon as reasonably practicable after this section comes into force.
36.The corporate plan must set out the main objectives of Qualifications Scotland, the outcomes which will be used to assess whether those objectives have been achieved, a general description of its planned activities, and what it intends to do to meet the requirements set out in section 7 and the expectations set out in its charters. The charters which must be covered for this purpose will include the learner charter under section 11 and the teacher and practitioner charter under section 12, as well as any other charters produced (e.g. under section 14). The corporate plan may also include such other material as Qualifications Scotland considers appropriate. However, the corporate plan need not include details of objectives and activities which relate to the activities of the Accreditation Committee, because it is required to prepare its own corporate plan under section 24.
37.Before preparing a corporate plan, Qualifications Scotland is required to consult with a variety of persons on how Qualifications Scotland can, in the exercise of its functions, align with the economic, social and environmental priorities of the Scottish Ministers. The groups from which consultees must be sought are persons who are undertaking (or have recent experience of undertaking) a Qualifications Scotland qualification, persons who are providing teaching or training in respect of a Qualifications Scotland qualification, employers, and such other persons as Qualifications Scotland considers appropriate. When consulting, Qualifications Scotland is only required to consult with such persons in these groups as it considers appropriate.
38.Once a plan has been prepared, it must be put to a vote of the members of Qualifications Scotland. In order to be approved, a majority of those voting must cast their vote in favour of the plan. The plan must then be submitted to the Scottish Ministers. Ministers can approve the plan without any modifications, approve it with modifications (following consultation with Qualifications Scotland), or reject it. If it is rejected, the Scottish Ministers must publish their reasons for rejecting the plan, and Qualifications Scotland must submit a modified plan as soon as reasonably practicable. Any modified plan will be subject to the same approval requirements as the plan that was initially submitted. Furthermore, the same options for responding are available to the Scottish Ministers in respect of a modified plan.
39.As soon as reasonably practicable following approval of the corporate plan, Qualifications Scotland must publish it and the Scottish Ministers must lay a copy of it before the Scottish Parliament.
40.Once a corporate plan is approved, it remains in force until such time it is superseded by a new corporate plan. Qualifications Scotland can opt to prepare a new corporate plan at any time, or it can be compelled to do so by the Scottish Ministers. In each case, because a new corporate plan is still a corporate plan, its content must satisfy the requirements of subsection (3) and it must be published and laid before the Scottish Parliament under subsection (9). Further, by virtue of subsection (11), the same rules about approval apply as applied to the first corporate plan.
41.This section places an obligation on Qualifications Scotland to report after each financial year on its activities during that year. The phrase “financial year” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 as a year ending with 31 March. Qualifications Scotland must publish this report and share a copy with the Scottish Ministers as soon as reasonably practicable after the end of each financial year. Following receipt of this, the Scottish Ministers must lay a copy of the report before the Scottish Parliament.
42.The report must include a statement of what Qualifications Scotland has done during that year to meet the requirements set out in section 7 and the expectations set out in its charters. In the event that Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, the report must set out these failures, the reasons for such failures, and the steps that Qualifications Scotland has taken, or intends to take, to remedy those failures. The charters which must be covered for this purpose will include the learner charter under section 11 and the teacher and practitioner charter under section 12, as well as any other charters produced (e.g. under section 14). The report need not include details of activities carried out by the Accreditation Committee, because it is required to report separately under section 25. Otherwise, the content and form of the report is a matter for Qualifications Scotland.
43.This section requires Qualifications Scotland to prepare and publish a report after each financial year (see paragraph 41 of these Notes for a definition of financial year) on the arrangements it has made in accordance with the requirements of section 3(a) (see paragraph 11 of these Notes), being those necessary to satisfy itself as to the quality of the qualifications it devises under the function conferred by section 2(1)(a). In particular, this report must set out the arrangements that were in place during the relevant financial year, and detail how Qualifications Scotland complied with those arrangements during that year. Otherwise, the content and form of the report is a matter for Qualifications Scotland. In particular, the report can be combined with another report (such as the annual report under section 17).
44.When preparing the report, Qualifications Scotland must consult the Learner Interest Committee and the Teacher and Practitioner Interest Committee. Qualifications Scotland must send a copy of the published report to the Scottish Ministers, and in turn the Scottish Ministers must lay a copy of the report before the Scottish Parliament.
45.Section 19 places an obligation on Qualifications Scotland to prepare and publish reports setting out a summary of any advice provided to it by its mandatory committees (i.e. the Learner Interest Committee, the Teacher and Practitioner Interest Committee and the Accreditation Committee). These reports must also set out a summary of Qualifications Scotland’s response to such advice. Qualifications Scotland is required to publish the first of these reports within the period of 12 months beginning with the day on which this section comes into force. Subsequent reports must be published within 12 months of the day on which the last report was published.
46.This section requires Qualifications Scotland to keep accounts, and to prepare a statement of accounts for each financial year and send a copy to the Scottish Ministers. The Scottish Ministers must then submit the statement to the Auditor General for Scotland for audit.
47.As Qualifications Scotland’s accounts are required, by statute, to be sent to the Auditor General for Scotland for auditing, sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 then apply. Amongst other things, those sections provide for the accounts, and the auditor’s report on them, to be laid before the Scottish Parliament and published (see section 22(5) of that Act). In addition, the principal accountable officer for the Scottish Administration can designate someone to be the body’s accountable officer (see section 15(3) of that Act), and the Auditor General for Scotland can look into whether the body has been using its resources appropriately (see section 23 of that Act).
>48.This section requires Qualifications Scotland to comply with any direction issued to it by the Scottish Ministers. This could, for example, relate to the exercising of Qualifications Scotland’s core functions or it could relate to a more administrative matter such as how the body is to keep its accounting records.
49.Directions given by the Scottish Ministers to Qualifications Scotland must be in writing and published as soon as reasonably practicable after being given. A direction may be varied or revoked by a subsequent direction. There is, however, an obligation on the Scottish Ministers to consult Qualifications Scotland before issuing a direction, unless that direction is merely revoking an earlier direction.
50.In general, Qualifications Scotland will be able to respond to a direction issued by the Scottish Ministers by, where appropriate, passing on a corresponding direction to its committees and the committee must then comply with it under paragraph 10(4) of schedule 1. However, under paragraph 13(3)(a) of schedule 1, this does not include its Accreditation Committee. There is therefore a separate power for the Scottish Ministers to direct the Accreditation Committee (see section 26).
51.This section requires Qualifications Scotland to have regard to any guidance issued by the Scottish Ministers in respect of the exercise of Qualifications Scotland’s functions. This obligation is in addition to Qualifications Scotland having regard to any guidance issued by the Scottish Ministers to it under section 8(2) (see paragraph 18 of these Notes) and to its Strategic Advisory Council under section 9(3)(f)(ii) (see paragraph 21 of these Notes). Where any guidance as mentioned in this section is issued, the Scottish Ministers must publish it. There are equivalent publication requirements for the additional guidance mentioned in section 8 (see section 8(3)) and section 9 (see section 9(5)).
52.This section requires Qualifications Scotland to provide the Scottish Ministers with such information as they reasonably request relating to the exercise of Qualifications Scotland’s functions. This allows Ministers to be provided with information they require without needing to issue a direction in order to obtain it.
53.Section 24 requires the Accreditation Committee of Qualifications Scotland (established by paragraph 13 of schedule 1) to prepare and publish its own corporate plan, separate from that prepared by Qualifications Scotland, as soon as reasonably practicable after this section comes into force.
54.The corporate plan must set out how the committee intends to exercise the accreditation function under section 4 as well as its function of providing advice to Ministers (see paragraph 13(2) of schedule 1), for which it is responsible, and may include such other material as it considers appropriate. The committee may prepare a new corporate plan at any time and must publish any such new plan. The provision regarding the content of the plan also applies automatically to any new plan.
55.This section places an obligation on the Accreditation Committee to report after each financial year on its activities during that year, separate from the report prepared by Qualifications Scotland. As noted above, the phrase “financial year” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 as a year ending with 31 March. The committee must publish this report and share a copy with the Scottish Ministers as soon as reasonably practicable after the end of each financial year. Following receipt of this, the Scottish Ministers must lay a copy of the report before the Scottish Parliament. The form and content of the report is to be decided by the committee.
56.This section requires the Accreditation Committee to comply with any direction issued to it by the Scottish Ministers. This could, for example, relate to the exercising of the committee’s functions or it could relate to a more administrative matter such as how the body is to keep its records. While the Scottish Ministers will therefore be able to direct the Accreditation Committee under this section, Qualifications Scotland itself will not be able to do so (see paragraph 13(3)(a) of schedule 1).
57.Directions given by the Scottish Ministers to the committee must be in writing and published as soon as reasonably practicable after being given. A direction may be varied or revoked by a subsequent direction. There is, however, an obligation on the Scottish Ministers to consult the committee before issuing a direction, unless that direction is merely revoking an earlier direction.
58.This section enables the Scottish Ministers to give financial support, of various kinds, to Qualifications Scotland. Conditions may be attached if desired, including the requirement for interest to be paid.
59.This section sets out the powers Qualifications Scotland has in respect of its funding and resources and the limitations on these powers.
60.In particular, Qualifications Scotland can charge for providing a service, though this is subject to the satisfaction of any criteria set by the Scottish Ministers. In addition, the Scottish Ministers may set an upper limit in terms of the value of a contract, beyond which Ministerial authorisation is required to enter into a contract.
61.This section provides that Qualifications Scotland may do anything necessary or expedient for, or otherwise conducive to, the performance of its functions. This will in practical terms be subject to any constraints found elsewhere in legislation (for example, section 28(2) of the Act sets some limits upon the powers which Qualifications Scotland has).
62.This section applies when Qualifications Scotland is publishing a document under this Part of the Act. It requires Qualifications Scotland to have regard to the importance of communicating in an inclusive way that best meets the needs of children and young people, persons with educational support needs (as defined in section 63(1)), users of British Sign Language, users of Gaelic, users of Scots and other users of Qualifications Scotland’s services. For example, this section would require Qualifications Scotland to consider publishing the learner charter in an accessible format (including for users of British Sign Language) and translating it into Gaelic and Scots.
63.This section requires the Scottish Ministers to appoint a person to undertake a review of the effectiveness of the arrangements Qualifications Scotland has made in accordance with the requirements of section 3(a) (see paragraph 11 of these Notes), being those necessary to satisfy itself as to the quality of the qualifications that Qualifications Scotland devises (as per the function conferred on it by section 2(1)(a)). This appointment must be made as soon as reasonably practicable and, in any event, no later than 3 months after this section comes into force. A member, or member of staff of, Qualifications Scotland cannot be appointed to this position.
64.Following the review, the person appointed must prepare a report of the review and submit the report to the Scottish Ministers. The Scottish Ministers must then give a copy of the report to Qualifications Scotland, lay a copy of the report before the Scottish Parliament, and publish the report.
65.This section requires the Scottish Ministers (or another person the Scottish Ministers delegate their reporting function under this section to) to undertake a review of the operation of the accreditation provisions. The accreditation provisions are defined in subsection (5) as being sections 4, 24, 25, paragraph 13 of schedule 1, and paragraphs 10, 14 and 15 of schedule 1 insofar as they relate to the Accreditation Committee. This review must be undertaken as soon as reasonably practicable after the end of the 2 year period which starts the day the accreditation provisions come into force (or the day the last of those provisions comes into force).
66.When undertaking this review, the Scottish Ministers (or the delegated person) must consult Qualifications Scotland and such other persons as the Scottish Ministers (or delegated person) consider appropriate.
67.Following the review, the Scottish Ministers (or delegated person) must prepare a report of that review. Regardless of whether the report’s preparation was delegated or not, the Scottish Ministers are then required to publish the report, and lay a copy of the report before the Scottish Parliament. The report prepared must, in particular, set out an assessment of the scope of Qualifications Scotland’s accreditation function (being the function conferred on Qualifications Scotland by section 4(1)), an assessment of whether that function should remain a function of Qualifications Scotland, and detail what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review. In the event that the production of the report is delegated to an external person, this will essentially require that person to seek information about Ministers’ intentions from the Scottish Ministers and include that response in the delegated person’s report.
68.When setting out an assessment of the steps (if any) the Scottish Ministers intend to take as a result of the review, Ministers must confirm whether they intend to bring forward legislation in relation to the accreditation provisions. As defined in subsection (5), this legislation could take the form of a draft Scottish statutory instrument under Part 2 of the Public Services Reform (Scotland) Act 2010, or a Bill.
69.If the Scottish Ministers report that they intend to bring forward such legislation, they must bring forward the legislation within 1 year of publication of the report or, if they do not do so then they must, as soon as reasonably practicable after that 1 year period, lay a statement before the Scottish Parliament setting out whether or not they still intend to bring forward such legislation. If the Scottish Ministers still intend to bring forward legislation, then the statement must set out their timescales for bringing forward the legislation. On the other hand, if the Scottish Ministers no longer intend to bring forward such legislation, then the statement must set out their reasons for that decision.