Education (Scotland) Act 2025

Prospective

Schedule 1 S Qualifications Scotland

(introduced by section 1(3))

Part 1 S Status

Exclusion of Crown status S

1 (1) Qualifications Scotland—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) Qualifications Scotland’s members and staff are not to be regarded as civil servants.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 66(2)

Part 2 S Membership

Number and appointment of members S

2 (1) Qualifications Scotland is to consist of—

(a) a member appointed by the Scottish Ministers to chair Qualifications Scotland (“the chairing member”),

(b) a member appointed by the Scottish Ministers to be the convener of the Accreditation Committee,

(c) the chief executive appointed under paragraph 8(1)(a),

(d) at least 8 but no more than 12 other members appointed by the Scottish Ministers, and

(e) any co-opted members appointed by Qualifications Scotland under paragraph 7.

(2) The Scottish Ministers may by regulations amend sub-paragraph (1)(d) by substituting a different number for any number for the time being specified there.

(3) Before making regulations under sub-paragraph (2), the Scottish Ministers must consult Qualifications Scotland.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 66(2)

Appointment as a member: criteria S

3 (1) The Scottish Ministers may appoint a person as a member of Qualifications Scotland only if they consider that the person has skills, knowledge and expertise relevant to the functions of Qualifications Scotland.

(2) The members of Qualifications Scotland must include—

(a) one or more persons who appear to the Scottish Ministers to have knowledge of the interests of persons undertaking a relevant qualification,

(b) 5 or more persons who are (subject to sub-paragraph (3))—

(i) registered teachers providing relevant teaching or training in schools, or

(ii) college teaching staff providing relevant teaching or training,

(c) one or more persons who appear to the Scottish Ministers to have knowledge of the interests of the staff of Qualifications Scotland,

(d) one or more persons who appear to the Scottish Ministers to have knowledge of the skills relevant to business and industry.

(3) In appointing persons to satisfy sub-paragraph (2)(b), the Scottish Ministers must ensure that—

(a) the total number of persons appointed to satisfy that sub-paragraph amounts to more than one third of the total number of members of Qualifications Scotland, and

(b) any difference between the number of persons appointed to satisfy sub-paragraphs (i) and (ii) is no more than one.

(4) If a member appointed to satisfy sub-paragraph (2)(b)(i) or (ii) ceases to be a person mentioned in that sub-paragraph—

(a) the member is, for the duration of the member’s period of appointment, to be treated for the purposes of this paragraph as if the member continued to be a person mentioned in that sub-paragraph,

(b) the Scottish Ministers must have regard to the desirability of appointing as a member, as soon as reasonably practicable, a person who is mentioned in sub-paragraph (2)(b).

(5) Before inviting applications for appointment of a member whose appointment is intended to satisfy a paragraph of sub-paragraph (2), the Scottish Ministers must consult the following persons as to the knowledge and any other attributes that those seeking appointment in satisfaction of the relevant paragraph should possess—

(a) in the case of paragraph (a), such persons as the Scottish Ministers consider representative of persons undertaking a relevant qualification,

(b) in the case of paragraph (b)(i), such persons as the Scottish Ministers consider representative of the interests of registered teachers providing relevant teaching or training in schools,

(c) in the case of paragraph (b)(ii), such persons as the Scottish Ministers consider representative of the interests of college teaching staff providing relevant teaching or training,

(d) in the case of paragraph (c), such persons as the Scottish Ministers consider representative of the interests of staff of Qualifications Scotland,

(e) in the case of paragraph (d), such persons as the Scottish Ministers consider representative of the skills development sector.

(6) Before inviting applications for appointment of a member whose appointment is intended to satisfy sub-paragraph (2)(a), the Scottish Ministers must take such steps as they consider appropriate to encourage applications from those who are—

(a) 16 or 17 years of age, or

(b) young adults.

(7) A person may not be appointed as a member of Qualifications Scotland if—

(a) the person is—

(i) a member of the Scottish Parliament,

(ii) a member of the House of Commons,

(iii) a member of the House of Lords,

(b) the person is disqualified—

(i) as a company director under the Company Directors Disqualification Act 1986,

(ii) as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,

(iii) under a disqualification provision analogous to either of those mentioned in sub-paragraph (i) or (ii) anywhere in the world.

(8) Sub-paragraph (7)(b) does not apply to a person who is disqualified as mentioned in that sub-paragraph only by—

(a) section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),

(b) section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts etc. from being charity trustees), or

(c) a provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.

(9) The Scottish Ministers must, when appointing members of Qualifications Scotland, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(10) In this paragraph—

• “relevant qualification” means—

  (a)

  a Qualifications Scotland qualification, or

  (b)

  a qualification accredited by Qualifications Scotland,

• “relevant teaching or training” means teaching or training provided to a person in respect of a relevant qualification being undertaken by the person,

• “schools” is to be construed in accordance with section 135(1) of the Education (Scotland) Act 1980.

(11) For the purpose of this paragraph, it is immaterial that—

(a) anything done by way of consultation as mentioned in sub-paragraph (5) was done, or

(b) any steps mentioned in sub-paragraph (6) were taken,

before the Bill for this Act was passed or after that but before this paragraph comes into force.

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 66(2)

Period and conditions of membership S

4 (1) A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.

(2) The Scottish Ministers may reappoint as a member a person who is, or has been, a member of Qualifications Scotland.

(3) The Scottish Ministers may assign to one of the members—

(a) the function of deputising for the chairing member,

(b) the function of chairing Qualifications Scotland during any period when there is no chairing member.

(4) 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.

(5) The Scottish Ministers may, subject to any provision made by this Act, determine other terms and conditions of membership.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 66(2)

Early termination of membership S

5 (1) A person’s appointment as a member of Qualifications Scotland ends if—

(a) the person resigns by giving written notice to the Scottish Ministers,

(b) during the person’s period of appointment, the person becomes ineligible to be appointed as a member under paragraph 3(7), or

(c) the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.

(2) The Scottish Ministers may remove a member of Qualifications Scotland by virtue of sub-paragraph (1)(c) only if—

(a) the member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),

(b) the member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months,

(c) the member—

(i) was appointed to satisfy paragraph 3(2)(b)(i) or (ii), and

(ii) has ceased to be a person mentioned in that paragraph, or

(d) the Scottish Ministers consider that the member is—

(i) unable to perform the functions of a member, or

(ii) unsuitable to continue as a member.

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 66(2)

Members’ remuneration and allowances S

6 Qualifications Scotland may pay each member such remuneration and allowances (including expenses), if any, as the Scottish Ministers determine.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 66(2)

Co-opted members S

7 (1) Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.

(2) Qualifications Scotland may make an appointment under sub-paragraph (1) only—

(a) with the consent of the Scottish Ministers, and

(b) if Qualifications Scotland considers the appointment to be necessary to ensure that its members (taken as a whole) have the knowledge, skills and experience relevant to its functions.

(3) Qualifications Scotland may have no more than two co-opted members at any time.

(4) A co-opted member—

(a) may take part in proceedings of Qualifications Scotland to the extent that Qualifications Scotland determines, but

(b) may not vote in any such proceedings.

(5) A co-opted member—

(a) is appointed for such period not exceeding 2 years as Qualifications Scotland determines,

(b) may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.

(6) Sub-paragraph (2) applies to a re-appointment made under sub-paragraph (5)(b) as it applies to an appointment made under sub-paragraph (1).

(7) A person may not be appointed (or re-appointed) as a co-opted member if the person may not be appointed as a member under paragraph 3(7).

(8) A person’s appointment as a co-opted member ends if—

(a) the person resigns by giving written notice to Qualifications Scotland,

(b) during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under sub-paragraph (7), or

(c) Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.

(9) Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of sub-paragraph (8)(c) only if—

(a) the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),

(b) the co-opted member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months, or

(c) Qualifications Scotland considers or, as the case may be, the Scottish Ministers consider that the co-opted member is—

(i) unable to perform the functions of a co-opted member, or

(ii) unsuitable to continue as a co-opted member.

(10) Other than as provided in this paragraph, a co-opted member of Qualifications Scotland is appointed on such terms and conditions (including as to remuneration and allowances) as Qualifications Scotland, with the consent of the Scottish Ministers, determines.

(11) A reference in paragraphs 3 to 6 to a member or the members of Qualifications Scotland does not include a reference to a co-opted member.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 66(2)

Part 3 S Staff

Chief executive, chief examiner, chief accreditation officer and other staff S

8 (1) Qualifications Scotland is to have as members of staff—

(a) a chief executive,

(b) a chief examiner,

(c) a chief accreditation officer.

(2) The chief examiner is to be appointed by Qualifications Scotland to undertake such role relating to Qualification Scotland’s functions under sections 2 and 3 as Qualifications Scotland determines, but that role must include responding to written advice provided to Qualifications Scotland by the Expert Group on Qualifications Standards under section 10.

(3) The chief accreditation officer—

(a) is to be appointed by Qualifications Scotland to undertake such role relating to Qualifications Scotland’s functions under section 4 as the Accreditation Committee determines,

(b) must, in the exercise of any functions relating to that role, act independently of the chief examiner (but this does not prevent the chief accreditation officer and the chief examiner from sharing information with each other).

(4) An individual may not simultaneously hold more than one role mentioned in sub-paragraph (1).

(5) Qualifications Scotland is to appoint each chief executive with the approval of the Scottish Ministers.

(6) Qualifications Scotland may appoint an individual as the chief examiner only where it considers that the individual has suitable experience of working in the education, training, qualifications or skills development sector.

(7) Qualifications Scotland may appoint other staff.

(8) The chief executive, chief examiner, chief accreditation officer and other staff are appointed on such terms and conditions as Qualifications Scotland, with the approval of the Scottish Ministers, determines.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 66(2)

Staff pensions S

9 (1) Qualifications Scotland may, with the approval of the Scottish Ministers, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of staff of Qualifications Scotland.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 66(2)

Part 4 S Procedure

Chapter 1 S Committees

Committees S

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).

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 66(2)

The Learner Interest Committee S

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.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 66(2)

The Teacher and Practitioner Interest Committee S

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.

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 66(2)

The Accreditation Committee S

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).

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 66(2)

Chapter 2 S Administration of Qualifications Scotland and its committees

Regulation of procedure S

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.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 66(2)

Authority to perform functions S

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.

Commencement Information

I15 Sch. 1 para. 15 not in force at Royal Assent, see s. 66(2)

Member consultation requirement S

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.

Commencement Information

I16 Sch. 1 para. 16 not in force at Royal Assent, see s. 66(2)

Validity of things done S

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).

Commencement Information

I17 Sch. 1 para. 17 not in force at Royal Assent, see s. 66(2)