Legislation – Education (Scotland) Act 2025

The Scottish Ministers must by regulations establish an advisory council (referred to in this Act as the Strategic Advisory Council) for the purposes of—

(a)

considering matters relating to—

(i)

Qualifications Scotland qualifications,

(ii)

the functions, and procedure, of Qualifications Scotland, and

(b)

providing advice in relation to those matters to Qualifications Scotland or the Scottish Ministers (in response to a request from the person to whom the advice is to be given or on its own initiative).

(2)

Regulations under subsection (1) may, in particular, make provision for or in connection with—

(a)

the appointment of persons as members of the Strategic Advisory Council (including the number, or limits on the number, of persons who may be appointed, the skills, knowledge and expertise such persons are to have, and any other conditions of appointment),

(b)

the tenure of office of the conveners and other members (including the circumstances in which they are to cease to hold office or may be removed or suspended from office),

(c)

the appointment and constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the council),

(d)

the procedure of the council (including the validation of proceedings in the event of vacancies or defects in appointment),

(e)

allowing a representative of the Scottish Ministers to observe or participate at meetings of the council,

(f)

the manner in which the council is to provide advice (including the manner in which, and persons to whom, it is to provide copies of advice),

(g)

the provision by Qualifications Scotland of any information that the council reasonably requests for the purpose of performing its functions,

(h)

the provision by Qualifications Scotland of responses to any advice provided to it by the council (including the manner in which, and persons to whom, it is to provide copies of such responses), and

(i)

the payment by Qualifications Scotland to the conveners and other members of the council of such allowances and expenses, if any, as the Scottish Ministers determine.

(3)

Provision made by the regulations must include the following—

(a)

that two members of the council are to be appointed as conveners, one (but only one) of whom must also be a member of Qualifications Scotland,

(b)

that members of staff of Qualifications Scotland may not be appointed as members of the council,

(c)

that one or more members appointed to the council must represent the interests of children and young people,

(d)

that one or more members appointed to the council must represent the interests of parents and carers of children and young people undertaking a Qualifications Scotland qualification,

(e)

that members of the council—

(i)

are to be appointed for a period not exceeding 4 years (“a term”),

(ii)

may be reappointed for one or more further terms, but may not serve more than 12 years in total as a member,

(f)

that the council must—

(i)

in the exercise of its functions, in every case in which it appears to the council appropriate to do so—

(A)

consult such of the persons and committees mentioned in subsection (4) as the council considers appropriate,

(B)

have regard to any consultation carried out by Qualifications Scotland,

(ii)

have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph (i),

(iii)

allow members of staff of Qualifications Scotland to observe or participate in meetings of the council at the discretion of the conveners.

(4)

The persons and committees referred to in subsection (3)(f)(i)(A) are—

(a)

Qualifications Scotland,

(b)

the Learner Interest Committee,

(c)

the Teacher and Practitioner Interest Committee,

(d)

any other committee or sub-committee established by Qualifications Scotland,

(e)

such other persons as the Strategic Advisory Council considers appropriate.

(5)

The Scottish Ministers must publish any guidance issued as mentioned in subsection (3)(f)(ii).