Appointment as a member: criteria
158.Paragraph 3 deals with who may be appointed as a member. This therefore covers the appointment of all members of Qualifications Scotland other than co-opted members (see paragraph 7(11) which provides that they are not covered by references to “member” here) and the chief executive (who is not appointed as a member but who becomes a member ex officio by dint of being appointed chief executive).
159.The Scottish Ministers can only appoint persons who they believe have skills, knowledge and expertise relevant to the carrying out of the body’s functions. In addition, there are a number of designated places which must be filled (whether by people appointed as “other” members under paragraph 2(1)(d) or by people appointed under paragraph 2(1)(a) to (c)). In addition, prior to appointment, there is to be consultation with the relevant cohort whose interests are being represented (see sub-paragraph (5)). Consultation may take place before this paragraph comes into force.
160.The positions which must be filled are as follows—
	There is to be at least 1 member who appears to the Scottish Ministers to have knowledge of the interests of persons undertaking a relevant qualification (as defined in sub-paragraph (10)). Before inviting applications for the member(s) to be appointed to satisfy this category, the Scottish Ministers must take such steps as they consider appropriate to encourage applications from persons who are 16 or 17 years old, or are young adults. These steps may be taken before this paragraph comes into force. This requirement applies in addition to the required consultation (see sub-paragraph (5)(a)).
	There are to be at least 5 members who are either registered teachers providing relevant teaching or training in schools (as defined at sub-paragraph (10)) or college teaching staff providing relevant teaching or training. Of these members, the difference between the number of registered teachers and college teaching staff appointed cannot be more than one (so if there are 5 persons appointed, this would need to be either 3 teachers and 2 college staff or vice versa). The Scottish Ministers must also ensure that the total combined number of registered teachers and college teaching staff appointed is more than one third of the total members of Qualifications Scotland. For this purpose, any co-opted members can be disregarded as paragraph 7(11) provides that any reference to “members” in paragraph 3 does not include co-opted members. Where any members who are appointed to satisfy the requirement in paragraph 3(2)(b) cease to be a registered teacher providing relevant teaching or training, or as the case may be a member of college teaching staff providing relevant teaching or training, sub-paragraph (4) provides that the member is to be treated as though they are continuing to fulfil the requirements of this category for the duration of their appointment as a member of Qualifications Scotland. However, in such a scenario, the Scottish Ministers must have regard to the desirability of appointing another member who satisfies sub-paragraph (2)(b) (i.e. is a registered teacher or college teaching staff providing relevant teaching) as soon as reasonably practicable.
	There is to be at least one member who appears to the Scottish Ministers to have knowledge of the interests of the staff of Qualifications Scotland.
	There is to be at least one member who appears to the Scottish Ministers to have knowledge of the skills relevant to business and industry.
161.This paragraph also sets out at sub-paragraph (7) certain categories of person who may not be appointed – namely an MSP, an MP or a member of the House of Lords, or a person who is disqualified from acting as a company director, charity trustee or analogous position (unless they are disqualified only by reason of being an undischarged bankrupt, in which case sub-paragraph (8) allows them to be appointed). In addition, it provides that Ministers must encourage equal opportunities when appointing members.