Period and conditions of membership
162.Paragraph 4 deals with the terms and conditions of appointment for individuals who are appointed as members of Qualifications Scotland. Again, this therefore covers all members other than the chief executive (who is not appointed as a member but becomes one automatically) and any co-opted members (who, under paragraph 7(11), do not count as “members” for the purpose of paragraph 4).
163.Members are to be appointed for a term of up to 4 years, although they may be reappointed. They are appointed on such terms and conditions as the Scottish Ministers determine (subject to the provision made by the Act). Although a maximum period of appointment is not specified here, it should be noted that the appointment of a member of Qualifications Scotland is, as a result of paragraph 4 of schedule 4, made subject to the code of practice issued by the Commissioner for Ethical Standards in Public Life(1). This code generally places a limit (currently 8 years as of the date of production of these Notes) on the overall length of appointment which will be relevant where members are reappointed.
164.This paragraph also allows a member (but not a co-opted member) to be appointed by the Scottish Ministers to deputise for the chairing member – which covers deputising for someone who is appointed but is unable to act and also acting when there is a vacancy in that role. Any function of so deputising is assigned for such period as the Scottish Ministers specify when making the appointment and the appointment is subject to any other terms and conditions that are specified by Ministers. This role of deputising can be resigned without resulting in resignation as a member.