{
  "url": "https://openlegislation.uk/education-scotland-act-2025/schedule-1/paragraph-7",
  "json_url": "https://openlegislation.uk/education-scotland-act-2025/schedule-1/paragraph-7.json",
  "legislation": "asp/2025/11",
  "legislation_title": "Education (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/education-scotland-act-2025",
  "path": "schedule/1/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Co-opted members",
  "text": "(1) Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.\n(2) Qualifications Scotland may make an appointment under sub-paragraph (1) only—\n(a) with the consent of the Scottish Ministers, and\n(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.\n(3) Qualifications Scotland may have no more than two co-opted members at any time.\n(4) A co-opted member—\n(a) may take part in proceedings of Qualifications Scotland to the extent that Qualifications Scotland determines, but\n(b) may not vote in any such proceedings.\n(5) A co-opted member—\n(a) is appointed for such period not exceeding 2 years as Qualifications Scotland determines,\n(b) may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.\n(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).\n(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).\n(8) A person’s appointment as a co-opted member ends if—\n(a) the person resigns by giving written notice to Qualifications Scotland,\n(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\n(c) Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.\n(9) Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of sub-paragraph (8)(c) only if—\n(a) the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),\n(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\n(c) Qualifications Scotland considers or, as the case may be, the Scottish Ministers consider that the co-opted member is—\n(i) unable to perform the functions of a co-opted member, or\n(ii) unsuitable to continue as a co-opted member.\n(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.\n(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.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 7 not in force at Royal Assent, see s. 66(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 1 para. 7 in force at 1.12.2025 by S.S.I. 2025/351, reg. 2, sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7",
    "retrieved_at": "2026-10-29T20:11:55.294655+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}