222.Paragraph 5 sets out how members of the Scottish Qualifications Authority will be appointed as initial members of Qualifications Scotland.
223.Sub-paragraph (1) appoints the chairing member of the Scottish Qualifications Authority (defined in sub-paragraph (5)) immediately before the transfer date as the chairing member of Qualifications Scotland. The chairing member is taken to have been appointed under paragraph 2(1)(a) of schedule 1 of this Act.
224.Sub-paragraph (2) provides that the Scottish Ministers may, by regulations subject to the negative procedure, appoint ordinary members of the Scottish Qualifications Authority as members of Qualifications Scotland (to be known, alongside the chair, as “initial members”). The ordinary members appointed are to be taken as having been appointed under paragraph 2(1) of schedule 1 of this Act.
225.Sub-paragraphs (3) and (4) provide that the regulations under sub-paragraph (2) may provide that where an initial member is a person mentioned in paragraph 3(2)(b)(i) or (ii) of schedule 1 (i.e. they were a registered teacher or member of college teaching staff providing relevant teaching or training) when they were appointed as a Scottish Qualifications Authority member, the appointment of that initial member can satisfy Qualifications Scotland’s membership requirements under paragraph 3(2)(b)(i) or (ii). This can apply regardless of whether the initial member has ceased to be a registered teacher or member of college teaching staff providing relevant teaching or training prior to the transfer date, as sub-paragraph (3)(b) provides that they will be treated as if they had ceased to have such role after being appointed as a member of Qualifications Scotland. In such a scenario, paragraph 3(4) of schedule 1 will apply to that initial member’s appointment (see paragraph 160 of these Notes), and while the initial member will be treated as if they are continuing to satisfy paragraph 3(2)(b)(i) or (ii) for the duration of their appointment, the Scottish Ministers will be required to have regard to the desirability of appointing another member who satisfies the sub-paragraph (i.e. is a registered teacher or member of college teaching staff providing relevant teaching or training) as soon as is reasonably practicable.
226.Sub-paragraph (6) provides that, unless exceptions are agreed between the Scottish Ministers and an initial member, the terms of an initial member’s appointment with Qualifications Scotland will continue to be the same as those on which the member had been appointed as a member of the Scottish Qualifications Authority, so far as is consistent with the Act.
Appointment of initial members