65.This section requires the Scottish Ministers (or another person the Scottish Ministers delegate their reporting function under this section to) to undertake a review of the operation of the accreditation provisions. The accreditation provisions are defined in subsection (5) as being sections 4, 24, 25, paragraph 13 of schedule 1, and paragraphs 10, 14 and 15 of schedule 1 insofar as they relate to the Accreditation Committee. This review must be undertaken as soon as reasonably practicable after the end of the 2 year period which starts the day the accreditation provisions come into force (or the day the last of those provisions comes into force).
66.When undertaking this review, the Scottish Ministers (or the delegated person) must consult Qualifications Scotland and such other persons as the Scottish Ministers (or delegated person) consider appropriate.
67.Following the review, the Scottish Ministers (or delegated person) must prepare a report of that review. Regardless of whether the report’s preparation was delegated or not, the Scottish Ministers are then required to publish the report, and lay a copy of the report before the Scottish Parliament. The report prepared must, in particular, set out an assessment of the scope of Qualifications Scotland’s accreditation function (being the function conferred on Qualifications Scotland by section 4(1)), an assessment of whether that function should remain a function of Qualifications Scotland, and detail what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review. In the event that the production of the report is delegated to an external person, this will essentially require that person to seek information about Ministers’ intentions from the Scottish Ministers and include that response in the delegated person’s report.
68.When setting out an assessment of the steps (if any) the Scottish Ministers intend to take as a result of the review, Ministers must confirm whether they intend to bring forward legislation in relation to the accreditation provisions. As defined in subsection (5), this legislation could take the form of a draft Scottish statutory instrument under Part 2 of the Public Services Reform (Scotland) Act 2010, or a Bill.
69.If the Scottish Ministers report that they intend to bring forward such legislation, they must bring forward the legislation within 1 year of publication of the report or, if they do not do so then they must, as soon as reasonably practicable after that 1 year period, lay a statement before the Scottish Parliament setting out whether or not they still intend to bring forward such legislation. If the Scottish Ministers still intend to bring forward legislation, then the statement must set out their timescales for bringing forward the legislation. On the other hand, if the Scottish Ministers no longer intend to bring forward such legislation, then the statement must set out their reasons for that decision.
Overview of the Act Reviews Section 32 - Review of accreditation function