EDUCATION Citation and commencement 1 These Regulations may be cited as the Advisory Council (Establishment) (Scotland) Regulations 2002 and shall come into force on 7th August 2002. Interpretation 2 In these Regulations, “the Council” means the Advisory Council established in terms of these Regulations. Establishment of the Council 3 There shall be established a committee to be known as the Advisory Council. Purposes of the Council 4 The purposes of the Council shall be as stated in section 3(1) of the Scottish Qualifications Authority Act 2002. Membership 5 The Council shall consist of not less than fifteen nor more than twenty-five members, of whom one shall be appointed as convener. Tenure and removal from office 6 1 Each member of the Council– a shall be appointed by the Scottish Ministers for such period as is specified in the appointment; b may, by giving notice in writing to the Scottish Ministers, resign as a member; c in other respects, shall hold and vacate office on such terms and conditions as the Scottish Ministers may determine; d after ceasing to hold office shall be eligible for re-appointment as a member. 2 The Scottish Ministers may by notice in writing remove a member from office if satisfied that the member– i is incapacitated by physical or mental illness; ii has been absent, without the permission of the Scottish Ministers, from all meetings of the Council and any of its committees to which the member has been appointed, for a period longer than six consecutive months; or iii has become otherwise unable or unfit to discharge the member’s functions as a member or is unsuitable to continue as a member, and thereupon the office shall become vacant. Allowances and expenses 7 SQA may pay to the convener and other members of the Council such allowances and expenses as the Scottish Ministers may from time to time determine. Committees 8 1 The Council may establish one or more committees or sub-committees for or in connection with the discharge of its functions. 2 The complement of such committees or sub-committees shall be determined by the Council, and may include persons who are not members of the Council. Proceedings 9 1 The quorum for a meeting of the Council shall be one half of the membership. 2 The Council may regulate its own procedure and that of any committee or sub-committee established by it. 3 The proceedings of the Council and of any committee or sub-committee established by it shall not be invalidated by any vacancy amongst its members or the members of such committee or sub-committee, or by the absence of the convener, or by any defect in the appointment of such member. 4 The Council shall hold meetings which any member of the public may attend, at least once in every year. 5 The Council shall furnish the Scottish Ministers with a written copy of any advice provided by it to the SQA. 6 The SQA shall, where it decides not to act upon any advice provided to it by the Council, furnish the Council with a written response informing the Council of its reasons for doing so, and shall also at the same time furnish the Scottish Ministers with a copy of such response. NICOL STEPHEN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2002