Education (Scotland) Act 1980

129Establishment of board to conduct examinations, etc.

(1)There shall be a board (hereafter in this section referred to as " the Board ") for the following purposes, that is to say—

(a)conducting examinations for the award of certificates relating to secondary education and awarding such certificates;

(b)advising the Secretary of State on matters relating to examinations for pupils receiving secondary education ;

(c)such other purposes relating to examinations as may be specified in regulations under this section.

(2)Regulations shall be made under this section by the Secretary of State, and such regulations shall confer on the Board such powers, and impose on them such duties, as appear to the Secretary of State to be necessary or desirable for the purposes referred to in subsection (1) above and may empower the Secretary of State to give to the Board such directions as to the discharge by them of their functions as appear to him to be expedient.

(3)Regulations under this section shall make provision with respect to the membership of the Board and shall ensure that not less than four-fifths of the members of the Board are appointed by the Secretary of State from amongst persons nominated by, or by bodies appearing to the Secretary of State to represent the interests of, the universities of Scotland, education authorities, governing bodies of central institutions, governing bodies of colleges of education, directors of education and teachers employed in educational establishments.

(4)Regulations under this section may—

(a)provide that the Board shall be a body corporate with perpetual succession and a common seal;

(b)make provision with respect to the procedure of the Board and the conduct of their business;

(c)make provision with respect to the financial transactions of the Board, including provision for the keeping by the Board of proper accounts and for the auditing of such accounts;

(d)provide for the payment by the Board to the members of the Board or of any committee or sub-committee thereof of travelling, subsistence and other allowances;

(e)provide that the Board may appoint officers, servants and agents on such terms as to remuneration, pensions or otherwise as the Board may, with the approval of the Secretary of State, determine;

(f)provide that the Board shall make an annual report to the Secretary of State on the exercise by them of their functions, and that the Secretary of State shall lay a copy of the report before each House of Parliament;

(g)contain such consequential, ancillary and incidental provisions as appear to the Secretary of State to be necessary or desirable for the purposes of the regulations.

(5)Every education authority shall, at such times as may be fixed by the Secretary of State, contribute to the funds of the Board such sums as may be fixed by him after consultation with such bodies representative of local authorities as appear to him to be concerned, and the said contributions shall be applied by the Board towards meeting their expenses.

(6)The Secretary of State may from time to time make grants to the Board which shall be applied by them towards meeting their expenses.