Education (Scotland) Act 2025

Schedule 3 Transfer of staff, property etc. to Qualifications Scotland

(introduced by section 59)

Transfer date

1 In this schedule, “transfer date” means the date on which this paragraph comes into force.

Transfer of staff

2 (1) With effect from the transfer date, any person who, immediately before that date, was employed by the Scottish Qualifications Authority, is transferred into the employment of Qualifications Scotland.

(2) The contract of employment of a person transferred by virtue of sub-paragraph (1)—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if originally made between the person and Qualifications Scotland.

(3) Without prejudice to sub-paragraph (2), where a person is transferred by virtue of sub-paragraph (1)—

(a) all the rights, powers, duties and liabilities of the Scottish Qualifications Authority under or in connection with the person’s contract of employment are transferred to Qualifications Scotland on the transfer date, and

(b) anything done before that date by or in relation to the Scottish Qualifications Authority in respect of the person or the contract is to be treated from that date as having been done by or in relation to Qualifications Scotland.

(4) If, before the transfer date, the person informs the Scottish Qualifications Authority that the person does not wish to become an employee of Qualifications Scotland—

(a) sub-paragraphs (1) to (3) do not apply to the person, and

(b) the person’s contract of employment is terminated on the day before the transfer date.

(5) A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

(6) Nothing in this paragraph affects any right of a person so transferred to terminate the person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person.

(7) No such right arises by reason only that, by virtue of this paragraph, the identity of the person’s employer changes.

Transfer of property

3 (1) With effect from the transfer date, all property, rights, liabilities and obligations to which sub-paragraph (2) applies, are transferred to, and vest in, Qualifications Scotland.

(2) Sub-paragraph (1) applies to—

(a) all property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by the Scottish Qualifications Authority, and

(b) all rights, liabilities and obligations which, immediately before the transfer date, subsisted in respect of the Scottish Qualifications Authority.

(3) Sub-paragraph (1) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

Duty to secure vesting of foreign property

4 The Scottish Qualifications Authority and Qualifications Scotland must take all such steps as may be required to secure that the vesting in Qualifications Scotland of any foreign property, right, liability or obligation of the Scottish Qualifications Authority, is effective under the relevant foreign law.

Appointment of initial board members

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

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

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

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

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

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

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

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

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

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

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