Overview of the Act Accountability of Qualifications Scotland Section 21 – Scottish Ministers’ power to direct Qualifications Scotland
>48.This section requires Qualifications Scotland to comply with any direction issued to it by the Scottish Ministers. This could, for example, relate to the exercising of Qualifications Scotland’s core functions or it could relate to a more administrative matter such as how the body is to keep its accounting records.
49.Directions given by the Scottish Ministers to Qualifications Scotland must be in writing and published as soon as reasonably practicable after being given. A direction may be varied or revoked by a subsequent direction. There is, however, an obligation on the Scottish Ministers to consult Qualifications Scotland before issuing a direction, unless that direction is merely revoking an earlier direction.
50.In general, Qualifications Scotland will be able to respond to a direction issued by the Scottish Ministers by, where appropriate, passing on a corresponding direction to its committees and the committee must then comply with it under paragraph 10(4) of schedule 1. However, under paragraph 13(3)(a) of schedule 1, this does not include its Accreditation Committee. There is therefore a separate power for the Scottish Ministers to direct the Accreditation Committee (see section 26).