Strategic Advisory Council 9 Strategic Advisory Council 5 (1) The Scottish Ministers must by regulations establish an advisory council (referred to in this Act as the Strategic Advisory Council) for the purposes of— (a) considering matters relating to— (i) Qualifications Scotland qualifications, (ii) the functions, and procedure, of Qualifications Scotland, and 10 (b) providing advice in relation to those matters to Qualifications Scotland or the 1 Scottish Ministers (in response to a request from the person to whom the advice is to be given or on its own initiative). (2) Regulations under subsection (1) may, in particular, make provision for or in connection with— 15 (a) the appointment of persons as members of the Strategic Advisory Council (including the number, or limits on the number, of persons who may be appointed, the skills, knowledge and expertise such persons are to have, and any other conditions of appointment), (b) the tenure of office of the conveners and other members (including the 20 circumstances in which they are to cease to hold office or may be removed or suspended from office), (c) the appointment and constitution of, and exercise of functions by, committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members of the council), 25 (d) the procedure of the council (including the validation of proceedings in the event of vacancies or defects in appointment), (e) allowing a representative of the Scottish Ministers to observe or participate at meetings of the council, (f) the manner in which the council is to provide advice (including the manner in 30 which, and persons to whom, it is to provide copies of advice), (fa) the provision by Qualifications Scotland of any information that the council reasonably requests for the purpose of performing its functions, (g) the provision by Qualifications Scotland of responses to any advice provided to it by the council (including the manner in which, and persons to whom, it is to 35 provide copies of such responses), and (h) the payment by Qualifications Scotland to the conveners and other members of the council of such allowances and expenses, if any, as the Scottish Ministers determine. (3) Provision made by the regulations must include the following— 40 that two members of the council are to be appointed as conveners, one (but only (a) one) of whom must also be a member of Qualifications Scotland, 6 Education (Scotland) Bill Part 1—Qualifications Scotland (aa) that members of staff of Qualifications Scotland may not be appointed as members of the council, (aaa) that one or more members appointed to the council must represent the interests of children and young people, 5 (ab) that one or more members appointed to the council must represent the interests of parents and carers of children and young people undertaking a Qualifications Scotland qualification, (ac) that members of the council— (i) are to be appointed for a period not exceeding 4 years (“a term”), 10 (ii) may be reappointed for one or more further terms, but may not serve more 1 than 12 years in total as a member, (b) that the council must— (ii) in the exercise of its functions, in every case in which it appears to the council appropriate to do so— 15 (A) consult such of the persons and committees mentioned in subsection (3A) as the council considers appropriate, (B) have regard to any consultation carried out by Qualifications Scotland, (iii) have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph (ii), 20 (iv) allow members of staff of Qualifications Scotland to observe or participate in meetings of the council at the discretion of the conveners. (3A) The persons and committees referred to in subsection (3)(b)(ii)(A) are— (a) Qualifications Scotland, (b) the Learner Interest Committee, 25 (c) the Teacher and Practitioner Interest Committee, (d) any other committee or sub-committee established by Qualifications Scotland, (e) such other persons as the Strategic Advisory Council considers appropriate. (4) The Scottish Ministers must publish any guidance issued as mentioned in subsection (3)(b)(iii). 30 Expert Group on Qualifications Standards 9A Expert Group on Qualifications Standards (1) Qualifications Scotland must establish a group, to be known as the Expert Group on Qualifications Standards, for the purposes of advising Qualifications Scotland on the quality of qualifications devised under section 2(1)(a). 35 (2) Members of, and members of staff of, Qualifications Scotland may not be appointed as members of the group. 7 Education (Scotland) Bill Part 1—Qualifications Scotland Charters 10 The learner charter (1) Qualifications Scotland must— (a) prepare a learner charter in collaboration with— 5 (i) the Learner Interest Committee, and (ii) such invited persons as wish to participate, (b) publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force. (2) The learner charter— 10 (a) must set out what children, young people and adults undertaking a Qualifications 1 Scotland qualification should expect from Qualifications Scotland in the exercise of its functions, (b) may include such other information as Qualifications Scotland considers appropriate. 15 (2A) In preparing the learner charter, Qualifications Scotland must have regard to the desirability of the charter seeking to secure better or further effect of the rights of children. (3A) The persons invited by Qualifications Scotland to participate in the preparation of the learner charter must include— 20 (a) children and young people undertaking a Qualifications Scotland qualification, (b) other persons undertaking a Qualifications Scotland qualification, (c) parents and carers of the persons mentioned in paragraph (a), (d) other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b), 25 (e) persons undertaking a Qualifications Scotland qualification who use British Sign Language, (f) persons undertaking a Qualifications Scotland qualification who have educational support needs, (g) persons undertaking a Qualifications Scotland qualification who have experience 30 of being in the care system as children or young people, (h) persons from socio-economically disadvantaged backgrounds. (3B) In inviting persons to participate in the preparation of the learner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements. 35 (3C) Qualifications Scotland must, prior to finalisation of the learner charter— (a) give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and (b) have regard to the comments (if any) received from the council and Ministers in response. 8 Education (Scotland) Bill Part 1—Qualifications Scotland (5) For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force. 11 The teacher and practitioner charter 5 (1) Qualifications Scotland must— (a) prepare a teacher and practitioner charter in collaboration with— (i) the Teacher and Practitioner Interest Committee, and (ii) such invited persons as wish to participate, (b) publish the charter before the expiry of the period of 6 months beginning with 10 the day on which this section comes into force. 1 (2) The teacher and practitioner charter— (a) must set out what persons providing teaching or training in respect of a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions, 15 (b) may include such other information as Qualifications Scotland considers appropriate. (3A) The persons invited by Qualifications Scotland to participate in the preparation of the teacher and practitioner charter must include— (a) persons providing teaching or training in respect of a Qualifications Scotland 20 qualification, (b) persons training to be a teacher, (c) persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b). (3B) In inviting persons to participate in the preparation of the teacher and practitioner charter, 25 Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements. (3C) Qualifications Scotland must, prior to finalisation of the teacher and practitioner charter— (a) give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and 30 (b) have regard to the comments (if any) received from the council and Ministers in response. (5) For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force. 35 12 Reviewing and revising the charters (1) Qualifications Scotland must review— (a) the learner charter, and (b) the teacher and practitioner charter, in accordance with this section. 9 Education (Scotland) Bill Part 1—Qualifications Scotland (2) Each charter must be reviewed— (a) within 5 years of its publication under section 10(1) or (as the case may be) 11(1), and (b) thereafter, within 5 years of the charter last being reviewed. 5 (3) Following the review of a charter, Qualifications Scotland may revise the charter as it considers appropriate. (3A) Section 10(1)(a) and (3A) to (3C) or (as the case may be) section 11(1)(a) and (3A) to (3C) applies to the revision of a charter as it applies to its preparation. (4) As soon as reasonably practicable after revising a charter, Qualifications Scotland must 10 publish the charter as so revised. 1 13 Other charters Qualifications Scotland must, from time to time, consider whether to prepare and publish charters setting out what persons using its services (other than those mentioned in sections 10(2)(a) and 11(2)(a)) should expect from it in the exercise of its functions. 15 Guidance 13A Guidance about assistance for people with educational support needs (1) Qualifications Scotland— (a) must prepare and publish guidance on arrangements that can be made to assist people with educational support needs to undertake a Qualifications Scotland 20 qualification, (b) may revise the guidance from time to time and, where it does so, must publish the guidance as revised. (2) Guidance must be published under subsection (1) before the expiry of the period of 6 months beginning with the day on which this section comes into force. 25 Accountability of Qualifications Scotland 14 Corporate plan of Qualifications Scotland (1) Qualifications Scotland must submit a corporate plan to the Scottish Ministers as soon as reasonably practicable after the day on which this section comes into force. (1A) Before the corporate plan is submitted to the Scottish Ministers, it must be approved 30 by a vote of the members of Qualifications Scotland, in which a majority of those voting cast their vote in favour of it. (2) A corporate plan under this section— (a) must set out— (i) the main objectives of Qualifications Scotland, 35 (ii) the outcomes by reference to which the achievement of those objectives will be assessed, (iii) a general description of the main activities...