Education (Scotland) Act 2025

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

I1 Sch. 1 para. 3 not in force at Royal Assent, see s. 66(2)

I2 Sch. 1 para. 3 in force at 1.12.2025 by S.S.I. 2025/351, reg. 2, sch. (with reg. 3)