(1)A body corporate to be known as Qualifications Scotland (in Gaelic, Teisteanasan Alba) is established.
(2)Qualifications Scotland has the functions conferred on it by or under this Act and any other enactment.
(3)Schedule 1 makes further provision about the status, membership, staffing, procedures and powers of Qualifications Scotland.
(1)Qualifications Scotland has the following functions—
(a)to devise qualifications (whether for itself or others to award),
(b)to approve education and training establishments as suitable for presenting persons for Qualifications Scotland qualifications,
(c)to determine a person’s entitlement to Qualifications Scotland qualifications and, where a person is so entitled, to award and record such a qualification,
(d)to keep under review and revise qualifications devised under paragraph (a), and
(e)to make arrangements for, assist in or carry out the assessment of persons undertaking education and training.
(2)The functions mentioned in paragraphs (a) and (d) of subsection (1) include the power to—
(a)devise a programme of learning to be used in connection with the qualification,
(b)determine what a person is required to do and the level of competence the person is required to demonstrate in order to attain the qualification,
(c)determine the means of assessing whether the person has done what is required or demonstrated the level of competence required.
(3)In exercising the function mentioned in paragraph (b) of subsection (1), Qualifications Scotland is to have regard to the matters mentioned in sub-paragraphs (i) to (iii) of section 3(b).
(4)Qualifications Scotland may not exercise any of its functions under this section in relation to a degree.
(5)For the purpose of subsection (4), “degree” means a degree which is awarded by a university or by an institution specified as competent to grant it by virtue of section 48 of the Further and Higher Education (Scotland) Act 1992.
Qualifications Scotland—
(a)must, in respect of qualifications devised under section 2(1)(a), make such arrangements as it considers appropriate to satisfy itself as to the quality of such qualifications,
(b)may, in respect of education and training establishments which have been approved under section 2(1)(b), make such arrangements as it considers appropriate to satisfy itself as to—
(i)the quality of the procedures adopted by such establishments for assessing the standards of attainment of persons undertaking Qualifications Scotland qualifications (and, in particular, such persons with educational support needs),
(ii)the quality of the internal arrangements adopted by such establishments for monitoring and controlling the effectiveness of such procedures, and
(iii)the overall suitability of such establishments for presenting persons for Qualifications Scotland qualifications.
(1)Qualifications Scotland has the function of—
(a)accrediting qualifications as meeting such requirements as are specified by it, and
(b)making such arrangements as it considers appropriate to satisfy itself as to the suitability of the establishments which provide, or are to provide, qualifications accredited under paragraph (a).
(2)Qualifications Scotland must publish the requirements specified by it in pursuance of subsection (1)(a).
(3)The function conferred by subsection (1) is to be carried out by the Accreditation Committee.
(4)Qualifications Scotland may not exercise any of its functions under this section in relation to a degree (within the meaning of section 2(5)).
(1)Qualifications Scotland must, on request, provide the Scottish Ministers with advice regarding any matter to which Qualifications Scotland’s functions relate.
(2)Qualifications Scotland may, at any other time, provide the Scottish Ministers with such advice as it thinks fit regarding any matter to which its functions relate.
(1)Qualifications Scotland may, whether within or outwith Scotland—
(a)provide services (including advice or assistance),
(b)act as agent for another person,
in respect of any matter to which its functions relate.
(2)Qualifications Scotland must work in collaboration with others (whether within or outwith Scotland), in every case in which it appears to Qualifications Scotland appropriate to do so, in respect of any matter to which its functions relate.
(3)Qualifications Scotland may confer fellowships or other awards on persons who, in the opinion of Qualifications Scotland, have made an outstanding contribution to the advancement of education or training.
(1)In the exercise of its functions, Qualifications Scotland must—
(a)promote and advance education and training, including education and training which reflects current and future needs in relation to improving Scotland’s economy,
(b)in every case in which it appears to Qualifications Scotland appropriate to do so, consult such persons with an interest (see subsection (2)) as Qualifications Scotland considers appropriate,
(c)have regard to the needs and interests of children, young people and other persons using its services, including those who are receiving, or wish to receive—
(i)British Sign Language learner education,
(ii)British Sign Language medium education,
(iii)Gaelic learner education,
(iv)Gaelic medium education, or
(v)the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,
(d)have regard to any advice provided to it by the Strategic Advisory Council (see section 9),
(e)have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership (a Scottish charity with the charity number SC037958), as it has effect for the time being,
(f)have regard to any representations made in writing to Qualifications Scotland about the exercise of its functions by—
(i)the Scottish Further and Higher Education Funding Council,
(ii)the Skills Development Scotland Co. Limited (company number SC202659),
(g)have regard to any developments in how persons undertake education and training that are relevant to the assessment of such persons,
(h)have regard to the economic, social and environmental priorities of the Scottish Ministers,
(i)have regard to the need to operate in a way which is transparent and accountable,
(j)so far as reasonably practicable, prioritise the provision of services in Scotland.
(2)For the purposes of subsection (1)(b), persons with an interest are—
(a)persons undertaking a Qualifications Scotland qualification,
(b)persons providing teaching or training in respect of a Qualifications Scotland qualification,
(c)such other persons as Qualifications Scotland considers appropriate.
(3)The Scottish Ministers may by regulations modify—
(a)subsection (1)(e) so as to substitute another credit and qualifications framework for the credit and qualifications framework for the time being mentioned there,
(b)subsection (1)(f)(ii)—
(i)so as to substitute another person for the person for the time being mentioned there, or
(ii)where the person changes its name, by modifying the reference to the person to reflect that change of name.
(4)Subsection (1)(e) does not apply during any period in which the credit and qualifications framework for the time being mentioned there does not have effect.
(5)In this section, “credit and qualifications framework” means a system for comparing qualifications in Scotland by reference to the level of skills and experience required to obtain such qualifications.
(1)Qualifications Scotland must, in the exercise of its functions, consult the Strategic Advisory Council in every case in which it appears to Qualifications Scotland appropriate to do so.
(2)Qualifications Scotland must have regard to any guidance issued by the Scottish Ministers as to the fulfilment of the requirement imposed by subsection (1).
(3)The Scottish Ministers must publish any guidance issued as mentioned in subsection (2).
(4)Qualifications Scotland must publish its procedures for—
(a)fulfilling the requirement imposed by subsection (1),
(b)providing responses to any advice provided to it by the council.
(5)If Qualifications Scotland revises the procedures published under subsection (4), it must publish the procedures as revised.
(1)The Scottish Ministers must by regulations establish an advisory council (referred to in this Act as the Strategic Advisory Council) for the purposes of—
(a)considering matters relating to—
(i)Qualifications Scotland qualifications,
(ii)the functions, and procedure, of Qualifications Scotland, and
(b)providing advice in relation to those matters to Qualifications Scotland or the Scottish Ministers (in response to a request from the person to whom the advice is to be given or on its own initiative).
(2)Regulations under subsection (1) may, in particular, make provision for or in connection with—
(a)the appointment of persons as members of the Strategic Advisory Council (including the number, or limits on the number, of persons who may be appointed, the skills, knowledge and expertise such persons are to have, and any other conditions of appointment),
(b)the tenure of office of the conveners and other members (including the circumstances in which they are to cease to hold office or may be removed or suspended from office),
(c)the appointment and constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the council),
(d)the procedure of the council (including the validation of proceedings in the event of vacancies or defects in appointment),
(e)allowing a representative of the Scottish Ministers to observe or participate at meetings of the council,
(f)the manner in which the council is to provide advice (including the manner in which, and persons to whom, it is to provide copies of advice),
(g)the provision by Qualifications Scotland of any information that the council reasonably requests for the purpose of performing its functions,
(h)the provision by Qualifications Scotland of responses to any advice provided to it by the council (including the manner in which, and persons to whom, it is to provide copies of such responses), and
(i)the payment by Qualifications Scotland to the conveners and other members of the council of such allowances and expenses, if any, as the Scottish Ministers determine.
(3)Provision made by the regulations must include the following—
(a)that two members of the council are to be appointed as conveners, one (but only one) of whom must also be a member of Qualifications Scotland,
(b)that members of staff of Qualifications Scotland may not be appointed as members of the council,
(c)that one or more members appointed to the council must represent the interests of children and young people,
(d)that one or more members appointed to the council must represent the interests of parents and carers of children and young people undertaking a Qualifications Scotland qualification,
(e)that members of the council—
(i)are to be appointed for a period not exceeding 4 years (“a term”),
(ii)may be reappointed for one or more further terms, but may not serve more than 12 years in total as a member,
(f)that the council must—
(i)in the exercise of its functions, in every case in which it appears to the council appropriate to do so—
(A)consult such of the persons and committees mentioned in subsection (4) as the council considers appropriate,
(B)have regard to any consultation carried out by Qualifications Scotland,
(ii)have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph (i),
(iii)allow members of staff of Qualifications Scotland to observe or participate in meetings of the council at the discretion of the conveners.
(4)The persons and committees referred to in subsection (3)(f)(i)(A) are—
(a)Qualifications Scotland,
(b)the Learner Interest Committee,
(c)the Teacher and Practitioner Interest Committee,
(d)any other committee or sub-committee established by Qualifications Scotland,
(e)such other persons as the Strategic Advisory Council considers appropriate.
(5)The Scottish Ministers must publish any guidance issued as mentioned in subsection (3)(f)(ii).
(1)Qualifications Scotland must establish a group, to be known as the Expert Group on Qualifications Standards, for the purposes of advising Qualifications Scotland on the quality of qualifications devised under section 2(1)(a).
(2)Members of, and members of staff of, Qualifications Scotland may not be appointed as members of the group.
(1)Qualifications Scotland must—
(a)prepare a learner charter in collaboration with—
(i)the Learner Interest Committee, and
(ii)such invited persons as wish to participate,
(b)publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force.
(2)The learner charter—
(a)must set out what children, young people and adults undertaking a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,
(b)may include such other information as Qualifications Scotland considers appropriate.
(3)In preparing the learner charter, Qualifications Scotland must have regard to the desirability of the charter seeking to secure better or further effect of the rights of children.
(4)The persons invited by Qualifications Scotland to participate in the preparation of the learner charter must include—
(a)children and young people undertaking a Qualifications Scotland qualification,
(b)other persons undertaking a Qualifications Scotland qualification,
(c)parents and carers of the persons mentioned in paragraph (a),
(d)other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b),
(e)persons undertaking a Qualifications Scotland qualification who use British Sign Language,
(f)persons undertaking a Qualifications Scotland qualification who have educational support needs,
(g)persons undertaking a Qualifications Scotland qualification who have experience of being in the care system as children or young people,
(h)persons from socio-economically disadvantaged backgrounds.
(5)In inviting persons to participate in the preparation of the learner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.
(6)Qualifications Scotland must, prior to finalisation of the learner charter—
(a)give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and
(b)have regard to the comments (if any) received from the council and Ministers in response.
(7)For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.
(1)Qualifications Scotland must—
(a)prepare a teacher and practitioner charter in collaboration with—
(i)the Teacher and Practitioner Interest Committee, and
(ii)such invited persons as wish to participate,
(b)publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force.
(2)The teacher and practitioner charter—
(a)must set out what persons providing teaching or training in respect of a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,
(b)may include such other information as Qualifications Scotland considers appropriate.
(3)The persons invited by Qualifications Scotland to participate in the preparation of the teacher and practitioner charter must include—
(a)persons providing teaching or training in respect of a Qualifications Scotland qualification,
(b)persons training to be a teacher,
(c)persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b).
(4)In inviting persons to participate in the preparation of the teacher and practitioner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.
(5)Qualifications Scotland must, prior to finalisation of the teacher and practitioner charter—
(a)give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and
(b)have regard to the comments (if any) received from the council and Ministers in response.
(6)For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.
(1)Qualifications Scotland must review—
(a)the learner charter, and
(b)the teacher and practitioner charter,
in accordance with this section.
(2)Each charter must be reviewed—
(a)within 5 years of its publication under section 11(1) or (as the case may be) 12(1), and
(b)thereafter, within 5 years of the charter last being reviewed.
(3)Following the review of a charter, Qualifications Scotland may revise the charter as it considers appropriate.
(4)Section 11(1)(a) and (4) to (6) or (as the case may be) section 12(1)(a) and (3) to (5) applies to the revision of a charter as it applies to its preparation.
(5)As soon as reasonably practicable after revising a charter, Qualifications Scotland must publish the charter as revised.
Qualifications Scotland must, from time to time, consider whether to prepare and publish charters setting out what persons using its services (other than those mentioned in sections 11(2)(a) and 12(2)(a)) should expect from it in the exercise of its functions.
(1)Qualifications Scotland—
(a)must prepare and publish guidance on arrangements that can be made to assist people with educational support needs to undertake a Qualifications Scotland qualification,
(b)may revise the guidance from time to time and, where it does so, must publish the guidance as revised.
(2)Guidance must be published under subsection (1) before the expiry of the period of 6 months beginning with the day on which this section comes into force.
(1)Qualifications Scotland must submit a corporate plan to the Scottish Ministers as soon as reasonably practicable after the day on which this section comes into force.
(2)Before the corporate plan is submitted to the Scottish Ministers, it must be approved by a vote of the members of Qualifications Scotland, in which a majority of those voting cast their vote in favour of it.
(3)A corporate plan under this section—
(a)must set out—
(i)the main objectives of Qualifications Scotland,
(ii)the outcomes by reference to which the achievement of those objectives will be assessed,
(iii)a general description of the main activities which Qualifications Scotland plans to undertake,
(iv)what Qualifications Scotland intends to do to satisfy—
(A)the requirements of section 7,
(B)the expectations set out in its charters,
(b)may include such other material as Qualifications Scotland considers appropriate.
(4)Despite subsection (3)(a), a corporate plan need not include details of objectives or activities which relate to the function conferred by section 4(1) (but see section 24).
(5)Before preparing a corporate plan Qualifications Scotland must consult—
(a)such persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,
(b)such persons who are providing teaching or training in respect of a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,
(c)such employers as Qualifications Scotland considers appropriate,
(d)such other persons as Qualifications Scotland considers appropriate,
on how Qualifications Scotland can, in the exercise of its functions, align with the economic, social and environmental priorities of the Scottish Ministers.
(6)The Scottish Ministers must—
(a)approve the corporate plan,
(b)approve the corporate plan with any modifications they consider appropriate, or
(c)reject the corporate plan.
(7)Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Qualifications Scotland before doing so.
(8)Where the Scottish Ministers reject the corporate plan—
(a)the Scottish Ministers must publish their reasons for rejecting the plan, and
(b)Qualifications Scotland must, as soon as reasonably practicable, modify the corporate plan and resubmit it to the Scottish Ministers.
(9)As soon as reasonably practicable after a corporate plan is approved by the Scottish Ministers—
(a)Qualifications Scotland must publish it, and
(b)the Scottish Ministers must lay a copy of it before the Scottish Parliament.
(10)Qualifications Scotland—
(a)may submit a new corporate plan to the Scottish Ministers at any time, and
(b)must do so when so required by the Scottish Ministers.
(11)Subsections (2) and (6) to (8) apply to a new corporate plan, and to a modified corporate plan submitted under subsection (8)(b), as they apply to the corporate plan submitted under subsection (1).
(1)Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—
(a)prepare and publish a report on its activities during that year, and
(b)send a copy of the report to the Scottish Ministers.
(2)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.
(3)A report under subsection (1) must include a statement of what Qualifications Scotland has done during that year to satisfy—
(a)the requirements of section 7,
(b)the expectations set out in its charters.
(4)Where Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, a report under subsection (1) must set out—
(a)any failures,
(b)the reasons for those failures,
(c)the steps that Qualifications Scotland has taken, or intends to take, to remedy those failures.
(5)Despite subsection (1)(a), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see section 25).
(6)It is otherwise for Qualifications Scotland to determine the form and content of each report.
(1)Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—
(a)prepare and publish a report on the operation during that year of its arrangements, made in accordance with section 3(a), for satisfying itself as to the quality of qualifications devised under section 2(1)(a), and
(b)send a copy of the report to the Scottish Ministers.
(2)The Scottish Ministers must lay a copy of a report under subsection (1) before the Scottish Parliament.
(3)A report under subsection (1) must set out—
(a)the arrangements that were in place during the financial year, and
(b)how Qualifications Scotland complied with those arrangements during that year.
(4)It is otherwise for Qualifications Scotland to determine the form and content of each report and, in particular, the report may be part of another document.
(5)In preparing a report under subsection (1), Qualifications Scotland must consult—
(a)the Learner Interest Committee,
(b)the Teacher and Practitioner Interest Committee.
(1)Qualifications Scotland must prepare and publish reports setting out a summary of—
(a)the advice provided to it by—
(i)the Learner Interest Committee,
(ii)the Teacher and Practitioner Interest Committee,
(iii)the Accreditation Committee,
(b)Qualifications Scotland’s response to such advice.
(2)Qualifications Scotland must publish a report under subsection (1) within the period of 12 months beginning with—
(a)in the case of the first report, the day on which this section comes into force,
(b)in the case of subsequent reports, the day on which the last report was published under subsection (1).
(1)Qualifications Scotland must—
(a)keep proper accounts and accounting records,
(b)prepare in respect of each financial year a statement of accounts, and
(c)send a copy of the statement to the Scottish Ministers.
(2)The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Qualifications Scotland, send it to the Auditor General for Scotland for auditing.
(1)Qualifications Scotland must comply with any direction issued to it by the Scottish Ministers.
(2)A direction issued by the Scottish Ministers to Qualifications Scotland—
(a)may be general or relate to a particular function or matter,
(b)may vary or revoke an earlier direction under this section,
(c)must—
(i)be in writing, and
(ii)be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to Qualifications Scotland.
(3)Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult Qualifications Scotland about it.
(1)In addition to having regard to any guidance issued as mentioned in section 8(2) or 9(3)(f)(ii), Qualifications Scotland must also have regard to any other guidance issued by the Scottish Ministers in respect of the exercise of Qualifications Scotland’s functions.
(2)The Scottish Ministers must publish any guidance issued as mentioned in subsection (1).
Qualifications Scotland must provide the Scottish Ministers with such information as the Scottish Ministers reasonably request relating to the carrying out or proposed carrying out of Qualifications Scotland’s functions.
(1)The Accreditation Committee must prepare and publish a corporate plan as soon as reasonably practicable after the day on which this section comes into force.
(2)The corporate plan—
(a)must set out how the committee intends to exercise its functions,
(b)may include such other material as the committee considers appropriate.
(3)The committee—
(a)may prepare a new corporate plan at any time, and
(b)must publish any such new plan.
(1)The Accreditation Committee must, as soon as reasonably practicable after the end of each financial year—
(a)prepare and publish a report on its activities during that year, and
(b)send a copy of the report to the Scottish Ministers.
(2)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.
(3)It is for the Accreditation Committee to determine the form and content of each report.
(1)The Accreditation Committee must comply with any direction issued to it by the Scottish Ministers.
(2)A direction issued by the Scottish Ministers to the committee—
(a)may be general or relate to a particular function or matter,
(b)may vary or revoke an earlier direction under this section,
(c)must—
(i)be in writing, and
(ii)be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to the committee.
(3)Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult the committee about it.
(1)The Scottish Ministers may provide such financial assistance to Qualifications Scotland as the Scottish Ministers consider appropriate.
(2)For the purposes of subsection (1), “financial assistance” includes grants, loans, guarantees and indemnities.
(3)The Scottish Ministers may specify conditions (including conditions as to repayment or the payment of interest) which apply in respect of any financial assistance provided.
(1)Qualifications Scotland may, where it appears to it to be necessary or expedient for the purposes of, or in connection with, or to be otherwise conducive to, the performance of its functions—
(a)invest sums not immediately required for the performance of its functions,
(b)accept, hold and administer gifts of any kind,
(c)hold and maintain land or other property,
(d)subject to the satisfaction of any criteria set by the Scottish Ministers in respect of such a charge, charge for providing a service.
(2)Qualifications Scotland must have the consent of the Scottish Ministers to—
(a)borrow from someone other than the Scottish Ministers,
(b)acquire or dispose of land,
(c)form or promote (whether alone or with others) a company under the Companies Act 2006,
(d)where an amount is specified by virtue of subsection (4), enter into a contract with a value in excess of that amount.
(3)For the purposes of subsection (2), the consent of the Scottish Ministers may be given—
(a)in respect of a particular transaction or description of transactions,
(b)subject to conditions.
(4)The Scottish Ministers may, for the purposes of subsection (2)(d), from time to time specify—
(a)an amount,
(b)how the value of a contract is to be determined.
Qualifications Scotland may do anything which appears to it—
(a)to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or
(b)to be otherwise conducive to the performance of its functions.
In publishing a document under this Part, Qualifications Scotland must have regard to the importance of communicating in an inclusive way that best meets the needs of—
(a)children and young people,
(b)persons with educational support needs,
(c)users of British Sign Language,
(d)users of the Gaelic language,
(e)users of the Scots language,
(f)other users of the services of Qualifications Scotland.
(1)The Scottish Ministers must appoint a person to undertake a review of the effectiveness of Qualifications Scotland’s arrangements, made in accordance with section 3(a), for satisfying itself as to the quality of qualifications devised under section 2(1)(a).
(2)The Scottish Ministers—
(a)must make an appointment under subsection (1) as soon as reasonably practicable and, in any event, no later than 3 months after this section comes into force,
(b)must not appoint a person under subsection (1) who is a member of, or a member of staff of, Qualifications Scotland.
(3)The person appointed under subsection (1) must—
(a)after undertaking the review, prepare a report of the review,
(b)submit the report to the Scottish Ministers.
(4)The Scottish Ministers must—
(a)give a copy of the report to Qualifications Scotland,
(b)lay a copy of the report before the Scottish Parliament, and
(c)publish the report.
(1)The Scottish Ministers must, as soon as reasonably practicable after the end of the review period—
(a)undertake a review of the operation of the accreditation provisions,
(b)prepare a report on that review,
(c)publish the report and lay a copy of it before the Scottish Parliament.
(2)The report must, in particular, set out—
(a)an assessment of the scope of the accreditation function,
(b)an assessment of whether the accreditation function should remain a function of Qualifications Scotland,
(c)what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review, including whether they intend to bring forward legislation in relation to the accreditation function.
(3)If the Scottish Ministers state in the report that they intend to bring forward legislation in relation to the accreditation function, they must—
(a)within 1 year of publication of the report, bring forward such legislation, or
(b)as soon as reasonably practicable following the expiry of that period, lay a statement before the Scottish Parliament setting out—
(i)whether they still intend to bring forward such legislation,
(ii)where they still intend to bring forward such legislation, their timescales for doing so,
(iii)where they no longer intend to bring forward such legislation, their reasons for that.
(4)The Scottish Ministers may delegate their functions under subsections (1)(a) and (b) to such person as they consider appropriate.
(5)When undertaking the review under subsection (1)(a), the Scottish Ministers (or, if applicable, the person to whom the review is delegated under subsection (4)) must consult—
(a)Qualifications Scotland, and
(b)such other persons as the Scottish Ministers (or, if applicable, the person to whom the review is delegated) consider appropriate.
(6)In this section—
“accreditation function” means the function conferred by section 4(1),
“accreditation provisions” means—
section 4,
section 24,
section 25,
paragraph 13 of schedule 1, and
paragraphs 10, 14 and 15 of schedule 1 insofar as they relate to the Accreditation Committee,
“bringing forward legislation”, in relation to the accreditation provisions, means—
laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument under Part 2 of the Public Services Reform (Scotland) Act 2010 containing an order making provision in relation to the accreditation provisions, or
introducing a Bill to the Scottish Parliament which includes or consists of provision in relation to the accreditation provisions,
“review period” means the period of 2 years beginning with the day on which the accreditation provisions come into force (or, if they come into force on different days, the day on which the last of them comes into force).