Early board appointments: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

• Type of proposal (Please delete as necessary): Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose.

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Qualifications Scotland as Specified Authority) Order 2025.

This order relates to the Education (Scotland) Bill (‘The Bill’) which is currently being considered by the Scottish Parliament and passed Stage 1 on 18 December 2024.

Part 1 of the Bill has the key purpose of establishing Qualifications Scotland as a new Executive Non-Departmental Public Body (NDPB) to replace the Scottish Qualifications Authority (SQA) as Scotland’s national qualifications body. To oversee this new body, the Bill makes provision for the appointment of members and these appointments are to be regulated under the 2003 Act.

The Scottish Government has publicly committed to Qualifications Scotland being fully functional by Autumn 2025. In order for this timetable to be met, a section 3(3) order under the 2003 Act will be required so that Qualifications Scotland will be treated as a regulated body under the 2003 Act ahead of the Bill being passed by Parliament and coming into force, for the purpose of making appointments to the Board.

The SSI and the provisions in the Bill will ensure there is a quorate and functioning Board from the day that Qualifications Scotland becomes fully functional. This SSI is a technical measure to facilitate implementation of the Bill, once passed.

A full CRWIA was completed as part of the initial governance for the Bill. This can be viewed here: Education (Scotland) Bill: child rights and wellbeing impact assessment - gov.scot

Start date of proposal’s development: 8/12/24

Start date of CRWIA process: 16/01/25

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children’s rights?

No Impact. This SSI is technical in nature and relates to enabling Ministers to make regulated Board appointments to ensure there is a functioning Board of Qualifications Scotland when the organisation becomes fully functional. As such, it facilitates the policy being implemented by the Bill rather than pursuing any separate policy objectives.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from:

This order is a technical measure to facilitate implementation of the Bill, once passed. No specific consultation was undertaken with regard to this instrument, however extensive consultation took place for the development of the Bill itself. This includes:

• 2021 – ‘Scotland’s Curriculum for Excellence – Into the Future’ by the OECD: Scotland’s Curriculum for Excellence | OECD
• 2022 – ‘Putting Learners at the Centre: Towards a Future Vision for Scottish Education by Professor Ken Muir’: Putting Learners at the Centre: Towards a Future Vision for Scottish Education
• 2023 – Scottish Government Consultation

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

No Impact

5. Analysis of Evidence

No Impact

6. What changes (if any) have been made to the proposal as a result of this assessment?

No Impact