OpenLegislation

Paragraph 7 Co-opted membersI1I2

Scotland

(1)

Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.

(2)

Qualifications Scotland may make an appointment under sub-paragraph (1) only—

(a)

with the consent of the Scottish Ministers, and

(b)

if Qualifications Scotland considers the appointment to be necessary to ensure that its members (taken as a whole) have the knowledge, skills and experience relevant to its functions.

(3)

Qualifications Scotland may have no more than two co-opted members at any time.

(4)

A co-opted member—

(a)

may take part in proceedings of Qualifications Scotland to the extent that Qualifications Scotland determines, but

(b)

may not vote in any such proceedings.

(5)

A co-opted member—

(a)

is appointed for such period not exceeding 2 years as Qualifications Scotland determines,

(b)

may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.

(6)

Sub-paragraph (2) applies to a re-appointment made under sub-paragraph (5)(b) as it applies to an appointment made under sub-paragraph (1).

(7)

A person may not be appointed (or re-appointed) as a co-opted member if the person may not be appointed as a member under paragraph 3(7).

(8)

A person’s appointment as a co-opted member ends if—

(a)

the person resigns by giving written notice to Qualifications Scotland,

(b)

during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under sub-paragraph (7), or

(c)

Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.

(9)

Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of sub-paragraph (8)(c) only if—

(a)

the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),

(b)

the co-opted member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months, or

(c)

Qualifications Scotland considers or, as the case may be, the Scottish Ministers consider that the co-opted member is—

(i)

unable to perform the functions of a co-opted member, or

(ii)

unsuitable to continue as a co-opted member.

(10)

Other than as provided in this paragraph, a co-opted member of Qualifications Scotland is appointed on such terms and conditions (including as to remuneration and allowances) as Qualifications Scotland, with the consent of the Scottish Ministers, determines.

(11)

A reference in paragraphs 3 to 6 to a member or the members of Qualifications Scotland does not include a reference to a co-opted member.

Annotations

Commencement

I1

Sch. 1 para. 7 not in force at Royal Assent, see s. 66(2)

I2

Sch. 1 para. 7 in force at 1.12.2025 by S.S.I. 2025/351, reg. 2, sch.