- Latest available (Revised)
- Point in Time (06/06/2002)
- Original (As enacted)
Version Superseded: 07/08/2002
Point in time view as at 06/06/2002. This version of this Act contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Scottish Qualifications Authority Act 2002.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 19/08/2002
(1)The members, including the chairman, of the Scottish Qualifications Authority (the “SQA”) appointed under the Education (Scotland) Act 1996 (c.43) (“the 1996 Act”) and holding office as at the coming into force of this section shall, subject to subsection (2) below, then cease to hold office.
(2)Subsection (1) above does not operate in relation to the chief executive of the SQA.
(3)The 1996 Act is amended as follows.
(4)In section 1 (establishment of SQA)—
(a)for paragraph (a) of subsection (2) there is substituted—
“(a)not fewer than eight nor more than ten individuals (including a chairman) appointed by the Scottish Ministers on such terms and conditions as they may, subject to and in accordance with paragraph 9 of Schedule 1 to this Act, determine;”;
(b)after subsection (2) there is inserted—
“(2A)One of the individuals appointed under paragraph (a) of subsection (2) above shall be a person appearing to the Scottish Ministers to have special knowledge of the interests of the employees of SQA.
(2B)Before inviting applications for appointment as the member mentioned in subsection (2A) above, the Scottish Ministers shall consult such employees, or persons representing those employees, as they think fit as to—
(a)the particular knowledge of such interests; and
(b)any other attributes,
that persons seeking such appointment should possess.”;
and
(c)subsections (3) and (4) are repealed.
(5)In paragraph 2(a) (terms of appointment of SQA members) of Schedule 1, the words “for a maximum period of four years” are repealed.
(6)Paragraph 3 (qualification of members of SQA) of that Schedule is repealed.
(7)In paragraph 9 (remuneration and expenses of SQA members) of that Schedule—
(a)in sub-paragraph (1)—
(i)in sub-sub-paragraph (a), after “such” there is inserted “ remuneration and ” and after “allowances” there is inserted “ and expenses ”;
(ii)sub-sub paragraph (b) and the word “and” which immediately precedes it are repealed; and
(iii)at the end there is inserted “ under section 1(2)(a) of this Act ”; and
(b)sub-paragraphs (2) and (3) are repealed.
(8)In paragraph 10(1) (quorum for a meeting of SQA) of that Schedule, for “nine” there is substituted “ six ”.
(9)In paragraph 11(4) (relationship between members and matters for purposes of avoidance of conflicts of interest) of that Schedule, for sub-sub-paragraphs (b) and (c) there is substituted—
“(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.”
Valid from 07/08/2002
In paragraph 10 (proceedings of SQA) of Schedule 1 to the 1996 Act, after sub-paragraph (2) there is inserted—
“(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.”.
Valid from 07/08/2002
(1)The Scottish Ministers may by regulations establish a committee (to be known as the Advisory Council) for the purposes of—
(a)considering matters relating to—
(i)qualifications devised or awarded by the SQA; and
(ii)the functions, and procedure, of the SQA;
(b)providing, when asked by the SQA or the Scottish Ministers to do so, advice to the SQA or, as the case may be, the Scottish Ministers in relation to those matters; and
(c)providing, at any time, advice to—
(i)the SQA; and
(ii)the Scottish Ministers,
in relation to such of those matters as the Advisory Council thinks appropriate,
and those regulations may make such incidental or supplementary provision as the Scottish Ministers think fit.
(2)Those regulations may make provision for or in connection with—
(a)the appointment of a convener of the Advisory Council (including any conditions of appointment);
(b)the appointment of other members of the Advisory Council (including the number, or limits on the number, of those who may be appointed and any conditions of appointment);
(c)the tenure of office of the convener and other members (including the circumstances in which they are to cease to hold office or may be removed or suspended from office);
(d)the appointment of, 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 Advisory Council);
(e)the procedure of the Advisory Council (including the validation of proceedings in the event of vacancies or defects in appointment);
(f)allowing a representative of the Scottish Ministers, other than a member of the SQA, to observe or participate at meetings of the Advisory Council;
(g)the manner in which the Advisory Council is to provide advice (including the manner in which, and persons to whom, it is to provide copies of advice);
(h)the provision by the SQA of responses to any advice provided to it by the Advisory Council (including the manner in which, and persons to whom, it is to provide copies of such responses); and
(i)the payment by the SQA to the convener and other members of the Advisory Council of such allowances and expenses as the Scottish Ministers may determine.
(3)A person may be convener of the Advisory Council only if that person is a member of the SQA.
(4)Regulations under subsection (1) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
Valid from 07/08/2002
(1)The Advisory Council shall, before providing advice on any matter which it is considering—
(a)consult such other persons having an interest in that matter as it thinks fit; and
(b)have regard to any representations made to it by any person so consulted.
(2)The Advisory Council shall have regard to any guidance issued by the Scottish Ministers as to compliance with subsection (1) above.
(3)The SQA and the Advisory Council shall each, in exercise of its functions, consult the other in every case in which it appears to the body exercising the function appropriate to do so.
(4)The SQA and the Advisory Council shall have regard to any guidance issued by the Scottish Ministers as to the fulfilment, by each, of the requirement imposed by subsection (3) above.
Valid from 07/08/2002
In section 7 (SQA to have regard to certain considerations) of the 1996 Act—
(a)the word “and” which immediately precedes paragraph (b) is repealed; and
(b)at the end there is inserted “; and
(c)have regard to any advice provided by the Advisory Council.”.
(1)This Act may be cited as the Scottish Qualifications Authority Act 2002.
(2)This Act (except this section) shall come into force on such date as the Scottish Ministers may by order made by statutory instrument appoint.
(3)Different dates may be so appointed for different purposes.
Subordinate Legislation Made
P1S. 6(2) power partly exercised: different dates appointed for specified provisions by S.S.I. 2002/355, art. 3(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: