Seychelles Qualifications Authority Act, 2021
Act 57 of 2021
- Published in Supplement to Official Gazette on 7 December 2021
- Assented to on 25 November 2021
- Commenced on 1 May 2022 by Seychelles Qualifications Authority Act, 2021 (Commencement) Notice, 2022
- [This is the version of this document from 7 December 2021.]
Part 1 – Preliminary
1. Short title and commencementThis Act may be cited as the Seychelles Qualifications Authority Act, 2021 and shall come into operation on such date as the President may, by notice in the Gazette, appoint.
2. InterpretationIn this Act—“accreditation” means a process of assessment and review which enables a person, a tertiary education and training provider, or a programme of education and training to be recognised and certified for a specified period of time by the Authority as meeting and conforming to appropriate standards of quality set by the Authority;“Authority” means the Seychelles Qualifications Authority established under section 3;“Board” means the Board of the Authority constituted under section 8;“certification” means the formal recognition of a learner's achievement of the required number and range of credits or other requirements at a specified level of the National Qualifications Framework;“Chairperson” means the Chairperson of the Board appointed under section 8;“Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under section 20;“committee” means a committee established under section 14;“competence” means the knowledge, skills, attitudes and personal attributes combined with the underlying understanding to perform all or some of the functions of an occupation or a profession;“course” means a self-contained teaching or learning component of a programme that is integral to that programme, representing a discrete part of the learning to be achieved and is based on an overall clear aim, specific learning outcomes, content and assessment procedures;“credit accumulation” means the totalling of relevant credits required to complete a qualification or a part-qualification;“credit transfer” means the vertical, horizontal or diagonal relocation of credits towards a qualification or part-qualification on the same or different level, usually between different programmes, departments or institutions;“enrolled learner” means a learner who has enrolled in a programme or a course of education and training and registered as such by a provider;“entity” means a person or a partnership, organisation, or business that has a legal and separately identifiable existence;“equivalence of qualifications” means a process of formally establishing that two qualifications are of comparable standard or level;“evaluation of foreign qualifications” means the process followed by the Authority to verify the authenticity of foreign qualifications and to compare foreign qualifications with national and international qualifications registered on the National Qualifications Framework;“institutional accreditation” means recognition status granted to a provider by the Authority for a stipulated period of time after an evaluation through self-assessment and external review indicates that it meets or exceeds established standards for educational quality set by the Authority;“international learner” means a learner with a foreign nationality who, on the basis of appropriate permission granted for the purpose by the Department of Immigration, desires to continue, continues or has continued his or her education at a tertiary education institution in Seychelles;“learner” means a person who is acquiring or has acquired knowledge, skills, attitudes, personal attributes or competencies;“member” means a member of the Board appointed under section 8;“Minister” means the Minister responsible for education;“National Qualifications Framework” means a comprehensive system approved by the Minister for the development, classification, registration, publication, evaluation and articulation of quality-assured qualifications;“part qualification” means an assessed unit of learning that is registered by the Authority as part of a qualification, including a course and a unit standard;“post compulsory education and training” means education and training after compulsory education;“programme” means a planned combination of a coherent set of courses designed to meet the requirements of a qualification;“programme accreditation” means recognition status granted to a programme by the Authority for a stipulated period of time after an evaluation by the Authority indicates that it meets standards of quality;“programme of education and training” means a process by which learners acquire knowledge, skills, attitudes, personal attributes and competence;“provider” means an entity that intends to offer or is offering education and training in Seychelles, whether public or private, and registered as such by the ministry responsible for education or the Seychelles Qualifications Authority;“qualification” means a registered national qualification;“quality assurance” means an ongoing process of evaluating and enhancing the quality of the education system, providers or programme, for ensuring that the required standards as determined by the Authority are maintained and enhanced;“recognition of foreign qualifications” means the formal acceptance of the appropriateness of a foreign qualification for a specific purpose;“Recognition of Prior Learning” means principles and processes through which the prior knowledge and skills of a person are made visible, mediated and assessed for the purposes of alternative access and admission, recognition and certification, or further learning and development;“school” means a provider of general education established by its owner, whether public or private, and in the case of a private provider, also registered by the ministry responsible for education;“school inspection” means the formal exercise of critically examining and evaluating a provider of general education as a place for teaching and learning in order to ensure that high standards are maintained through improving the quality of the schools' self-evaluation processes and setting up of standards to enhance the quality of education;“standard scale” means the standard scale of fines for offences established under the Criminal Offences (Standard Scale of Fines) Act, 2021;“tertiary education” means learning programmes or courses provided by tertiary education and training providers leading to qualifications or part qualifications from level 3 to level 10 of the National Qualifications Framework;“tertiary education and training provider” means an entity that provides or organises a programme or course of tertiary education and training including the provision of professional development services;“unit standard” means a statement of the outcome of any learning assessed, the type and quality of evidence that represents performance worthy of an award of credits and the context in which that evidence should be demonstrated;“Vice Chairperson” means the person appointed as Vice Chairperson of the Board under section 8.
Part 2 – Seychelles Qualifications Authority
3. Establishment of the Seychelles Qualifications AuthorityThere is hereby established the Seychelles Qualifications Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name.
4. Object and functions of the Authority
5. Powers of the Authority
6. Power to require information
7. Protection of terms
Part 3 – The Board of the Authority
8. Constitution of the Board
9. Tenure of officeA member of the Board shall hold office for a period of 3 years and shall be eligible for reappointment on completion of the term of appointment.
10. ResignationA member may resign from his or her office by giving one month's notice in writing, to the President and to the Board.
11. Vacation of officeThe office of a member shall become vacant—
12. Filling of vacancies
13. Meetings and proceedings of the Board
14. Establishment of committees
15. Allowances of committee membersA member of a committee of the Board shall be paid such allowances as the Authority may, with the approval of the Board, determine.
16. Secretary of the Board
17. Disclosure of interest
Part 4 – Administration of the Authority
19. Appointment of the Chief Executive Officer
20. Responsibilities of the Chief Executive OfficerThe Chief Executive Officer shall—
21. Staff of the Authority
22. Reports by the AuthorityThe Authority shall furnish the Minister with such information on its activities as the Minister may from time to time require.
23. Directions issued by the MinisterThe Minister may issue directions, not inconsistent with the provisions of this Act, to the Authority as to the exercise of its powers or performance of its duties and the Authority shall give effect to such directions.
Part 5 – Financial provision
24. Funds of the Authority
25. Accounts and audit
26. Annual report
27. Application of certain Penal Code provisionsAll employees of the Authority shall be deemed to be employed in the public service for the purpose of sections 91 to 96 of the Penal Code.
28. Protection of acts done in good faithNo liability, civil or criminal, shall lie against the Authority, the Chairperson, Vice-Chairperson or a member of the Board or committee of the Board, employee of the Authority or any person acting under any authority conferred by the Authority, in respect of an act done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of any of the powers, functions or duties conferred by or under this Act or any regulations made thereunder.
Part 6 – Miscellaneous provisions
32. Repeal and savings
33. Transfer of assets
History of this document
01 May 2022
07 December 2021 this version
25 November 2021