Education (Scotland) Act 1996

Section 1.

SCHEDULE 1E+W+S The Scottish Qualifications Authority

StatusS

1SSQA shall not—

(a)be regarded as a servant or agent of the Crown;

(b)have any status, immunity or privilege of the Crown;

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Qualifications and tenure of officeS

2SSubject to the provisions of this Schedule each member of SQA—

(a)shall hold and vacate office in accordance with the terms of his appointment F1. . .;

(b)may, by giving notice in writing to the appointing authority, resign his office; and

(c)after ceasing to hold office shall be eligible for reappointment as a member.

F23S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4(1)A person is not eligible for appointment as a member of SQA if—S

(a)he has, within five years of the date his appointment would take effect, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(b)his estate has been sequestrated, he has made an arrangement with his creditors, he has been adjudged bankrupt, he has granted a trust deed for his creditors or made a composition with his creditors; or

(c)he has been removed from office by the appointing authority under paragraph 6(c) below.

(2)Where a person is disqualified under sub-paragraph (1)(b) above by reason of having had his estate sequestrated, the disqualification shall cease if and when—

(a)the sequestration of his estate is recalled or reduced; or

(b)he is discharged under or by virtue of the M1Bankruptcy (Scotland) Act [F32016].

(3)Where a person is disqualified under that sub-paragraph by reason of having been adjudged bankrupt, the disqualification shall cease—

(a)unless the bankruptcy order made against him is previously annulled, on his discharge from bankruptcy; and

(b)if the bankruptcy order is so annulled, on the date of the annulment.

(4)Where a person is disqualified under that sub-paragraph by reason of his having made an arrangement with his creditors, granted a trust deed for his creditors or made a composition with his creditors, the disqualification shall cease when the arrangement or, as the case may be, trust deed or composition is no longer in force.

5SIf at any time the appointing authority is satisfied that any member has been convicted as mentioned in sub-sub-paragraph (a) of paragraph 4(1) above or has become a person to whom sub-sub-paragraph (b) of that paragraph applies, it shall remove him from office; and thereupon the office shall become vacant.

6SIf at any time the appointing authority is satisfied that any member—

(a)has failed to comply with any requirement of paragraph 11 or 12 below; or

(b)has been absent, without the permission of SQA, from all meetings of SQA and any of its committees to which he has been appointed, for a period longer than six consecutive months; or

(c)without prejudice to paragraph 5 above, has become otherwise unable or unfit to discharge his functions as a member of SQA,

the appointing authority may remove him from office; and thereupon the office shall become vacant.

7SThe appointing authority shall give notice in writing to any member who is to be removed from office under paragraphs 5 or 6 above.

ChairmanS

8(1)The chairman shall hold and vacate office in terms of his appointment.S

(2)The chairman may resign his office by notice given in writing to the Secretary of State.

(3)Where the chairman—

(a)ceases to be a member of SQA, he shall cease to be chairman;

(b)ceases to be chairman he shall not thereby cease to be a member of SQA but where he ceases to be chairman otherwise than on the expiry of his term of office, the Secretary of State may (without prejudice to his powers of removal under paragraphs 5 and 6 above) remove him from office as a member by notice in writing.

Remuneration, pensions, etc.S

9(1)SQA shall—S

(a)pay to its members such [F4remuneration and] travelling and other allowances [F4and expenses]; F5. . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as the Secretary of State may determine [F6under section 1(2)(a) of this Act].

(2)The Secretary of State may determine that SQA shall, as regards the chairman—

(a)pay such pension, allowance or gratuity to or in respect of him; or

(b)make such payments toward the provision of such pension, allowance or gratuity,

as may be so determined.

(3)If the chairman ceases to be a member of SQA otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which might make it right for that person to receive compensation, the Secretary of State may require SQA to pay to that person a sum of such amount as the Secretary of State may determine.

ProceedingsS

10(1)The quorum for a meeting of SQA shall be [F7six].S

(2)Subject to this paragraph, paragraphs 11 and 12 below and section 3(5) of this Act, SQA may regulate its own procedure and that of any committee established by it.

[F8(2A)The Scottish Ministers may by regulations make such provision in relation to the procedure of the SQA, and of any committee established by it, as they think fit; and such regulations may make provision allowing a representative of the Scottish Ministers, other than a member of the SQA, to participate at meetings of the SQA or of any committee established by it.]

(3)The proceedings of SQA and of any committee established by it shall not be invalidated by any vacancy amongst its members or the members of such committee or by any defect in the appointment of such member or failure to comply with any requirement of paragraph 11 or 12 below.

Conflict of interestE+W+S

11(1)Subject to sub-paragraph (5) below, where, whether before or during any meeting of SQA or any of its committees, any member becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by SQA or, as the case may be, the committee, he shall declare such interest and SQA or, as the case may be, the committee, shall record such declaration in the minutes of the meeting.E+W+S

(2)Where a member makes a declaration under sub-paragraph (1) above and the other members present at the meeting in question decide by resolution that such interest might prejudicially affect that person’s consideration of the matter in question, that person shall withdraw from the meeting during consideration of that matter and shall not vote on any question relating to it.

(3)Notwithstanding sub-paragraphs (1) and (2) above, where in relation to any member mentioned in sub-paragraph (4) below, any matter referred to in that sub-paragraph is to be considered by any meeting of SQA or any of its committees, that member shall withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.

(4)The members mentioned in sub-paragraph (3) above in relation to particular matters are—

(a)the chief executive in relation to his terms and conditions of employment, his suspension, dismissal or any other disciplinary measure relating to him, his re-appointment or the appointment of his successor;

[F9(b)each other member who is an employee of SQA in relation to his terms and conditions of employment, his suspension, dismissal or any other disciplinary measure relating to him as an employee, his remuneration, allowances or expenses as a member, his re-appointment as a member or the appointment of his successor as a member; and

(c)each other member (including the chairman) in relation to his remuneration, allowances, expenses, re-appointment or the appointment of his successor.]

(5)Subject to sub-paragraph (4) above, nothing in this paragraph shall require a member to declare an interest or withdraw from consideration of any matter where his interest exists only by reason of his being a member.

(6)Section 346(2) of the M2Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to a member.

(7)In this paragraph “member” includes any person appointed to a committee by virtue of paragraph 13 below and any person appointed to the Accreditation Committee by virtue of section 3(3) of this Act .

Confidentiality of informationS

12SAny information which is received or obtained by any person in connection with his functions as a member of SQA or a member of any committee established by it, on the basis that such information shall be treated as confidential, shall be treated by him as confidential to SQA or, as the case may be, the committee.

CommitteesS

13(1)Subject to section 3(3) of this Act, SQA may establish committees for or in connection with the discharge of such of its functions as it may determine and any such committee may, with the consent of SQA, appoint sub-committees.S

(2)Such committees may include persons who are not members of SQA.

(3)SQA may pay to the members of any committee established by it (whether or not they are also members of SQA) such allowances and expenses as it may determine; and any allowances and expenses to be paid by virtue of this sub-paragraph shall be calculated by reference to such criteria as the Secretary of State may determine.

Delegation of powersS

14(1)Anything authorised or required by or under any enactment to be done by SQA may be done by any of its committees which, or by any of its members or employees who, is authorised (generally or specifically) for the purpose by SQA.S

(2)Nothing in sub-paragraph (1) above shall prevent SQA from doing anything that a committee, member or employee has been authorised or required to do.

(3)Nothing in this paragraph shall apply to anything which is to be done by the Accreditation Committee in pursuance of section 3(3) of this Act.

StaffS

15SThe Secretary of State shall, after consultation with the chairman or person designated to be chairman (if there is a person holding or designated to hold that office), make the first appointment of chief executive on such terms and conditions as he may determine; and thereafter SQA may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may with such approval determine.

16SSQA may appoint such other employees as it thinks fit on such terms and conditions as it may, with the approval of the Secretary of State determine.

17SSQA shall, in the case of such of its employees or former employees as it may, with the approval of the Secretary of State, determine—

(a)pay or make arrangements for the payment of such pensions, allowances or gratuities to or in respect of those employees;

(b)make such payments towards provision of such pensions, allowances or gratuities; or

(c)provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may, with the approval of the Secretary of State, determine.

Disposal of propertyS

18(1)SQA shall not dispose of any property acquired, improved or maintained wholly or partly, directly or indirectly out of funds provided by the Secretary of State or from the proceeds of or any consideration for the disposal of any property so acquired, improved or maintained without the prior consent, given in writing, of the Secretary of State.S

(2)The consent of the Secretary of State may be given in respect of a particular disposal of property or of disposals of any class or description and may be given subject to such conditions as the Secretary of State may determine.

(3)The consent of the Secretary of State is not required for the disposal of land which is or forms part of property mentioned in sub-paragraph (2) above where the disposal is in consequence of the compulsory acquisition of such land by any authority in pursuance of any power of compulsory acquisition under any enactment; but SQA shall inform the Secretary of State of any such compulsory acquisition.

(4)Where any such property is disposed of, SQA shall pay to the Secretary of State such portion of the proceeds or value of the consideration for the disposal, after deduction of such expenses as appear to the Secretary of State to have been reasonably incurred in the disposal, as the Secretary of State may, after consultation with SQA determine.

InterpretationS

19(1)In this Schedule—S

• “the appointing authority”, in relation to any person who is or has been a member of SQA, means the Secretary of State or SQA, according to whether that person was appointed as a member by the Secretary of State or SQA;

• “committee” shall include a reference to any sub-committee appointed by such committee; and

• “member”, except in paragraphs 11 and 12 above, shall not include the chief executive.

(2)Any reference in this Schedule to payment or provision of pensions, allowances or gratuities includes a reference to their payment or provision by way of compensation for loss of office or employment or loss or diminution of emoluments.