SCHEDULES

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

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

(a)shall hold and vacate office in accordance with the terms of his appointment for a maximum period of four years;

(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.

3The appointing authority shall satisfy itself—

(a)before it appoints a person as a member of SQA, that the person has no financial or other interest likely to affect prejudicially his performance as a member;

(b)from time to time, that each person so appointed continues, and has continued, to have no such interest.

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 1985.

(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—

(a)pay to its members such travelling and other allowances; and

(b)as regards the chairman, pay such remuneration;

as the Secretary of State may determine.

(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 nine.

(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.

(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.

(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;

(b)the chairman in relation to his remuneration, allowances, re-appointment or the appointment of his successor; and

(c)each other member in relation to his allowances, 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.

Section 19.

SCHEDULE 2S Further Provisions and Savings relating to the Winding Down Period

Vesting of existing bodies’ foreign property in the Scottish Qualifications AuthorityS

1(1)It shall be the duty of each existing body and SQA to take, at such time during the existing body’s winding down period as SQA considers appropriate, all such steps as may be requisite to secure that the vesting in SQA, by virtue of section 17 of this Act or this paragraph, of any foreign property, right, liability or obligation is effective under the relevant foreign law.S

(2)During their winding down period, until such vesting as is mentioned in sub-paragraph (1) above in SQA is effective in foreign law, it shall be the duty of each existing body to hold the property or right in question for the benefit of, or to discharge the liability on behalf of, SQA.

(3)Nothing in sub-paragraphs (1) and (2) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of such vesting as is so mentioned.

(4)Each existing body shall have all such powers as may be requisite for the performance of its duty under this paragraph, but—

(a)it shall be the duty of SQA during the existing body’s winding down period to act on its behalf (so far as possible) in performing the duty imposed on the existing body by this paragraph; and

(b)any foreign property, right, liability or obligation acquired or incurred by the existing body during that period shall immediately become the property, right, liability or obligation of SQA.

(5)References in this paragraph to any foreign property, right, liability or obligation are references to any property, right, liability or obligation as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outwith the United Kingdom.

Final reports and accounts of existing bodies etc.S

2(1)Notwithstanding the repeal by this Act of section 129 of the M3Education (Scotland) Act 1980, regulations 14 and 16 of the M4Scottish Examination Board Regulations 1981 (duty to keep accounts and submit annual report to Secretary of State), shall continue to apply to the Scottish Examination Board in respect of—S

(a)each financial year ending before the transfer date;

(b)such subsequent period ending with the SEB dissolution date (notwithstanding that period is longer than twelve months) as if the SEB dissolution date were the last day of the subsequent financial year.

(2)The Scottish Vocational Education Council shall be under a duty to continue to keep accounting records, to submit them for auditing purposes and to make a report to the Secretary of State in accordance with Articles 42 to 49 of its Articles of Association in respect of—

(a)each financial year ending before the transfer date;

(b)such subsequent period ending with the SCOTVEC dissolution date (notwithstanding that period is longer than twelve months) as if the SCOTVEC dissolution date were the last day of the subsequent financial year.

(3)In this paragraph “financial year”—

(a)in relation to the Scottish Examination Board, means the period of twelve months ending with 31st December;

(b)in relation to the Scottish Vocational Education Council, means the period of twelve months ending with 31st March.

Section 20.

SCHEDULE 3S Transitional Provisions for SQA

Continuity of exercise of functionsS

1(1)Any relevant thing done by or in relation to the existing body before the dissolution date appointed in relation to that body by virtue of section 19(3) of this Act shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to SQA.S

(2)Any relevant thing which, immediately before that date, is in the process of being done by or in relation to the existing body may continue to be done by or in relation to SQA.

(3)In this paragraph “relevant” in relation to anything done by or in relation to the existing body before that date means anything which, if it were to be done on or after that date, would be done by or in relation to SQA.

Payment of grants by Secretary of StateS

2(1)The Secretary of State may make grants to SQA in respect of any expenditure incurred by it in pursuance of its functions under section 20 of this Act and this Schedule.S

(2)Grants made under this paragraph may be made subject to such conditions as, with the consent of Treasury, the Secretary of State thinks appropriate and such conditions—

(a)may be imposed before, after or at the time the grant is made; and

(b)may relate to any time, whether before or after the payment of the grant.

(3)The terms and conditions on which the Secretary of State may make any grants under this paragraph may include in particular conditions—

(a)enabling him to require the repayment, in whole or in part, of sums paid by him if any other condition subject to which the sums were paid is not complied with; and

(b)requiring the payment of interest in respect of any period during which a sum due to him in accordance with any other condition remains unpaid.

(4)A condition imposed in pursuance of sub-paragraph (2) above shall not have effect as regards anything done, or omitted to have been done, before the date the condition was imposed.

InformationS

3SThe existing bodies shall provide SQA with all information which SQA may reasonably require for the purpose of the exercise of its functions under this Schedule and section 20 of this Act.

Application of Part IS

4SSections 9, 10 and 12 of this Act shall have effect in relation to SQA during the transitional period.

Section 31.

SCHEDULE 4S Amendment of the School Boards (Scotland) Act 1988

1SThe M5School Boards (Scotland) Act 1988 shall be amended as follows.

2SIn section 2 (composition of Boards)—

(a)in subsection (1) at the end there shall be added the words “ ; and the number prescribed for the purposes of paragraph (a) above shall include not more than two co-opted parent members co-opted under section 2B(3) of this Act ”;

(b)in subsection (2) after the words “members” there shall be inserted the words “ (including co-opted parent members) ”; and

(c)in subsection (13) for the words “the headteacher” there shall be substituted the words “—

(a)the headteacher; and

(b)any teacher who is so employed at more than one school if he is so employed at that school for less than 40% of the normal hours of work of a full-time teacher.”

3SIn section 5 (advice to Boards)—

(a)in subsection (2) for the words “the electoral ward in which the school is situated” there shall be substituted the words “ any electoral ward which falls wholly or partly within the catchment area of the school ”; and

(b)after subsection (6) there shall be added the following subsection—

“(7)In subsection (2) above “catchment area” means the area from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28B(1)(c) of the 1980 Act.”

4SIn section 6 (proceedings)—

(a)in subsection (3) for the words from “which” to “Board” in the third place where it occurs there shall be substituted the words “ whose membership shall include at least one member of the Board ”; and

(b)in subsection (6) for the words “their members” there shall be substituted the words “ the total number of members prescribed under section 2 of this Act ”.

5SIn section 13, in subsection (1)(b) before the word “election” there shall be inserted the word “ regular ”.

6SAfter section 17 (financing of Boards) there shall be inserted the following section—

“17A Surplus funds.

Where, at the end of the financial year, the total amount of monies made available to a School Board under subsection (2) of section 17 of this Act is less than the amount determined under subsection (1) of that section, the education authority shall make available to the School Board the amount by which the total amount of monies so made available is less than the amount so determined to be applied by the Board at their discretion, taking account of the views of the headteacher, at such time as they think fit for the benefit of the school.”

7SIn section 20 (non-establishment and disestablishment of Boards)—

(a)in subsection (5)—

(i)for the words “any election under section 2 of this Act” there shall be substituted the words “ a regular election ”;

(ii)for the words “that section” there shall be substituted the words “ section 2 of this Act ”; and

(iii)for the words “as soon as practicable” there shall be substituted the words “ not later than three months after that election ”;

(b)for subsection (6) there shall be substituted the following subsection—

“(6)Where a by-election is required to be held under subsection (5) above or subsection (5) of section 2A of this Act and—

(a)no person is elected as a parent member; and

(b)no person is co-opted in pursuance of section 2B(3) of this Act,

the School Board shall not be established or, in the case of a Board which has been established, it shall be disestablished.”

(c)in subsection (7) for paragraph (b) there shall be substituted the following paragraph—

“(b)in any event, at the time required by section 2A(1) of this Act.”

8SIn section 22 (interpretation), in subsection (2) at the appropriate places there shall be inserted the following definitions—

• ““co-opted parent member” has the meaning given in section 2B(3) of this Act;”;

““regular election” has the meaning given in section 2A(1) of this Act;”;

““regular election period” has the meaning given in section 2A(10) of this Act;”;

““relevant year” has the meaning given in section 2A(10) of this Act;”.

9SIn Schedule 2 (appointment of headteachers, deputies and assistants)—

(a)in paragraph 2 after the word “staff” there shall be inserted the words “ (whether teaching or not) ”;

(b)in paragraph 3 the words from “(other than” to “or sit)” shall cease to have effect;

(c)after paragraph 4 there shall be inserted the following paragraphs—

“4A(1)Subject to sub-paragraph (2) below, any reference in paragraphs 2 to 4 above to the headteacher of a school shall include a reference to any person appointed to act for the time being as the headteacher of that school if that person is not, himself, a candidate for the post.

(2)Where an education authority has reasonable grounds for considering a person acting as headteacher would not be a suitable person to be a member of and chair a committee under this Schedule, the authority may exclude him from so acting.

4BWhere it appears to an education authority that an appointment committee cannot be constituted as mentioned in paragraphs 2 to 4A above, the authority may, after consultation with the Board, constitute an appointment committee made up of equal numbers of persons nominated by the authority and the Board with such other person as appears to the authority to be suitable as chairman.”;

(d)after paragraph 5 there shall be inserted the following paragraph—

“ Conflict of interestS

5A(1)Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee 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 the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.

(2)Nothing in sub-paragraph (1) above shall—

(a)require a member of the appointment committee to declare an interest or withdraw; or

(b)prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3)Section 346(2) of the M6Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee 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 such a member.

(4)The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.”;

(e)for paragraphs 7 and 8 there shall be substituted the following paragraphs—

“7Where there are fewer than 4 applicants who are eligible for the post the education authority may—

(a)subject to paragraph 12 below, omit the name of any candidate whom they consider to be unsuitable; or

(b)re-advertise the post.

8Nothing in paragraph 7 above shall authorise the education authority to reduce the leet to fewer than 2 names.”;

(f)in paragraph 10 for the words from “the applicants” to the end there shall be substituted the words “ all applicants for the post who are eligible for it (as mentioned in paragraph 6 above) as the authority have in their possession or can readily obtain ”;

(g)in paragraph 12 for the words from “make” to the end there shall be substituted the words “ delete any name from the leet but may add to it the name of any applicant who is eligible for the post as mentioned in paragraph 6 above, including any applicant whose name has been omitted from the leet by the education authority under paragraph 7 above if the Board consider him suitable for the post ”.

Section 36.

SCHEDULE 5U.K. Miscellaneous and Consequential Amendments

The House of Commons Disqualification Act 1975 (c.24)U.K.

1U.K.In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place there shall be inserted the following entry—

“The Scottish Qualifications Authority.”

The Education (Scotland) Act 1980 (c. 44.)S

2SAfter section 51(2B) of the Education (Scotland) Act 1980 (provision of transport and other facilities) there shall be inserted the following subsection—

“(2C)In considering whether to make any arrangements under subsection (1) above in respect of pupils attending schools, an education authority shall have regard to the safety of such pupils.”

3SAfter section 66(1) of that Act (inspection of educational establishments) there shall be inserted the following subsection—

“(1A)Without prejudice to subsection (1) above, the Secretary of State shall have power to cause inspection to be made at premises where education is provided or proposed to be provided by a person to whom the Secretary of State has power to make a grant in pursuance of section 23 of the Education (Scotland) Act 1996, and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.”

The Self-Governing Schools etc. (Scotland) Act 1989 (c.39.)S

4SAfter section 13(3) of the Self-Governing Schools etc. (Scotland) Act 1989 (eligibility for self-governing status) there shall be inserted the following subsections—

“(3A)Without prejudice to subsection (3) above, where an education authority makes a proposal to discontinue a school by virtue of section 22A of the 1980 Act, no resolution shall be passed or request made under subsection (1) above during the relevant period.

(3B)The relevant period is whichever is the shorter of the period from the date when the education authority decides to consult persons in accordance with section 22A of the 1980 Act to the date the decision to discontinue the school is reached or—

(a)where no consent is required under section 22B, 22C or 22D of the 1980 Act as regards the decision to discontinue the school, three months later;

(b)where consent of the Secretary of State is so required, six months later.”

5SIn section 30(1) of that Act (change in characteristics of self-governing school)—

(a)after the word “than” in the second place where it occurs there shall be inserted the word “ (a) ”;

(b)after the word “needs” there shall be inserted the words “; or

(b)provision of a nursery class,”.

The Education (Student Loans) Act 1990 (c.6)E+W+S

6E+W+SIn Schedule 1 to the Education (Student Loans) Act 1990 (courses of higher education)—

(a)in paragraph 4(b), for the words “Scottish Vocational Education Council” there shall be substituted the words “ Scottish Qualifications Authority ”; and

(b)in paragraph 6(b), for the words “of the Councils” there shall be substituted the words “ the Council or the Authority ”.

The Finance Act 1991 (c.31)U.K.

7U.K.In section 32(10)(a)(ii) of the Finance Act 1991 (definition of qualifying course of vocational training) for the words “Scottish Vocational Education Council” there shall be substituted the words “ Scottish Qualifications Authority ”.

The Further and Higher Education (Scotland) Act 1992 (c.37)S

8SIn subsection (1)(b)(i) of section 6 of the Further and Higher Education (Scotland) Act 1992 (further education to which section 1 of that Act applies) for the words “Scottish Examination Board qualification” there shall be substituted the words “ qualification awarded by the Scottish Qualifications Authority ”.

9SIn section 38 of that Act (meaning of higher education)—

(a)in subsection (3)(d), for the words “Scottish Vocational Education Council” there shall be substituted the words “ Scottish Qualifications Authority ”; and

(b)in subsection (5)—

(i)after the word “amend” there shall be inserted the word “(a)”; and

(ii)at the end there shall be inserted the words “; and

(b)subsection (3) above.”

Section 36.

SCHEDULE 6S Repeals