Seychelles Qualifications Authority Act

Number of Act: 
12
Date of promulgation: 
01 January 2005
Date of commencement: 
12 January 2006

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

CONSOLIDATED TO 30 JUNE 2012

 

 

Act 12 of 2005

S.I. 1 of 2006

LAWS OF SEYCHELLES

 

SEYCHELLES QUALIFICATIONS AUTHORITY ACT

[17th January, 2006]

 

ARRANGEMENT OF SECTIONS

Part 1 – Preliminary

1.              Short title

2.              Interpretation

Part 2 – Seychelles Qualifications Authority

3.              Establishment of the Seychelles Qualifications Authority

4.              Functions of the Authority

5.              Power of the Authority

Part 3 – The Board of the Authority

6.              Constitution of the Board

7.              Tenure of office

8.              Resignation

9.              Vacation of office

10.          Filling of office

11.          Remuneration of the Board

12.          Meetings of the Board

13.          Quorum

14.          Committees of the Board

15.          Validity of acts

16.          Procedures of meetings

Part 4 – Administration of the Authority

17.          Executive Director

18.          Responsibilities of Executive Director

19.          Staff of the Authority

20.          Reports by the Authority

21.          Directions issued by the Minister

22.          Funds of the Authority

23.          Accounts and audit

24.          Application of certain Penal Code provisions

25.          Protection of acts done in good faith

26.          Regulations

_________________

 

Part I - Preliminary

 

1.            This Act may be cited as the Seychelles Qualifications Authority Act shall come into operation on 17th January, 2006.

 

2.            In this Act –

 

“accreditation” means the certification for a specified period of time of a person or an institution as having the capacity to fulfil a particular function specified by the Seychelles Qualification authority;

 

“Authority” means the Seychelles Qualification Authority established by section 3;

 

“Board” means the Board of the Authority constituted under section 6;

 

“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;

 

“Executive Director” means the Executive Director of the Authority appointed under section 17;

 

“learner” means a person who is acquiring or has acquired knowledge, skills or competencies;

 

“member” means a member of the Board;

 

“Minister” means the Minister responsible for education;

 

“programme of education and training” means a process by which learners acquire knowledge, skill and competence and includes courses of study or instruction, apprenticeships, training and employment;

 

 “qualification” 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 qualifications framework;

 

“qualification framework” means a framework for the development, recognition and award or qualifications based on standards of knowledge, skill and competence to be acquired by learners;

 

 “quality assurance” means a process by which an institution confirms the suitability of conditions in place for learners to achieve the required standards;

 

“validation” means the assessment of a programme of education or training with regard to its suitability for the attainment of knowledge, skill or competence by learners

                                                                                    

 

PART 2 – SEYCHELLES QUALIFICATION AUTHORITY

 

3.                There is established a body corporate to be known as the Seychelles Qualifications Authority.

 

 

4.(1)           The functions of the Authority shall be –

 

(a)                to formulate and implement a national qualifications framework;

 

(b)               to keep and maintain a register of recognized qualifications;  

 

(c)                to promote the quality and standards of education and training through a system of accreditation, validation and quality assurance;

 

(d)               to review the policies and criteria on which the framework of qualifications is based;

 

(e)                to establish criteria for, and monitor the process of recognition of competencies outside formal education and training;

 

(f)              to evaluate and establish the equivalence of foreign  qualifications;

 

(g)                to facilitate learners’ access to and progression within the national education and training system;

 

(h)               to maintain a database on all providers of education and training,

 

(i)                 to promote international recognition of local qualifications;

 

(j)                 to ensure the  protection of the interests of learners; and

 

(k)               to advise the Minister on matters relating to the functions of the Authority at the Minister’s request or otherwise.

 

(2)        The Authority shall, in the performance of its functions–

 

(a)                inform itself of the needs of commerce, industry, the professions and the public service pertaining to education, training, skills and qualifications and promote practices in education and training which  would meet those needs;

 

(b)               inform itself of practices outside the Republic in similar or related matters;

 

(c)                consult such persons or bodies of persons as the Authority considers appropriate in making decisions; and

 

(d)               give effect to the policies relating to education and training which are notified in writing to the Authority by the Minister.

 

     5.(1)      The Authority may, in the performance of its functions –

 

(a)                liaise or enter  into agreements with any person within or outside Seychelles;

 

(b)               call for and obtain information from any person where such information is necessary to perform its functions;

 

(c)                determine polices and procedures for the evaluation and recognition of competencies gained outside formal education;

 

(d)               charge such fees as may be prescribed by regulations in respect of any service provided by the Authority.

 

(2)               Where any person is required to furnish any information to the Authority under subsection (1)(b), it shall be the duty of such person to comply with the request.

 

(3)               A person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine of R20,000.

 

                     PART 3 – THE BOARD OF THE AUTHORITY

 

    6.(1)       The affairs of the Authority shall be administered by a Board consisting of not less than 6 and not more than 13 members as the Minister shall appoint.

 

(2)               In appointing members to the Board, the Minister shall give due consideration to Ministries, institutions and organisations whose operations have implications for, or may be affected by, a national qualifications framework.

 

(3)               The Minister shall appoint a chairperson and vice- chairperson from among the members of the Board.

 

(4)               The Executive Director of the Authority shall be ex officio member of the Board.

 

7.                    A member of the Board shall hold office for a period of 3 years and shall be eligible for reappointment.

 

8.                    A member may resign his office by letter addressed to the Minister.

 

9.                    A member shall be deemed to have vacated office –

 

(a)                if the member has been absent without leave of the Board from three consecutive meetings of the Board;

 

(b)               if the member becomes in any manner disqualified for membership;

 

10.                        If a member resignedor vacates office before the expiry of his or her term of office, the Minster may appoint a person to fill the vacancy for the rest of the term for which that member has been appointed.

 

11.                        There shall be paid to the chairperson, vice- chairperson and members of the board such remuneration or allowances as the Minister may determine.

 

12.(1)       The Board shall meet for the dispatch of its business at such times and places as the chairperson may

determine provided that a least three meetings shall be held in a year.

 

          (2)        Where 6 members request the chairperson, by notice in writing signed by them, to convene a meeting of the Board for any purpose specified in the notice, the chairperson shall, within seven days from the receipt of the notice, convene a meeting for that purpose.

 

     13.(1)        Four members shall constitute a quorum for a meeting.

 

           (2)       The Chairperson shall preside at a meeting of the Board and in his or her absence the vice-chairperson shall Preside.

 

      14.            The Board may establish committees -           

 

(a)                to advise the Board on such matters as may be specified;

 

(b)               to discharge functions delegated to them.

 

      15.            Subject to section 13(1), the Board may Act notwithstanding any vacancy in its membership.          

 

16.              Subject to the provisions of this Act, the Board may regulate its proceedings.

 

PART 4 – ADMINISTRATION OF THE AUTHORITY

      

17.             The Minister shall, in consultation with the Boards appoint a person with sufficient knowledge and experience to be the Executive Director on such terms and conditions as may be determined by the Minister.

 

       18.           The Executive Director shall –

 

(a)                be appointed on a full time basis and shall not hold any other office or position without the approval of the Board;

 

(b)               be responsible for the management of the affairs of the Authority in accordance with the decisions of the Authority;                 

 

(c)                be accountable to the Board for the discharge of the functions delegated by the Board;

 

(d)               be the chief accounting officer of the Authority;

 

(e)                be responsible for the implementing of the national qualifications framework.

 

     19.(1)        The Board may appoint such officers and servants as it deems necessary for the efficient discharge of its functions on such terms and conditions as it may determine.

 

          (2)        Where a person is transferred to the Authority from the public service, the terms and conditions applicable to that person shall not be less favourable than those enjoyed by that person immediately before the transfer.

 

     20.(1)       The Authority shall furnish the Minister with such information on its activities as the Minister may from time to time require.

 

(2)          The Authority shall, as soon as practicable within three months after the end of each financial year, submit to the Minister an annual report on its activities and the Minister shall cause the report to be tabled in the National Assembly.

 

     21.             The Minister may, after consulting the Authority, 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 any such direction. 

 

PART 5 – FINANCIAL PROVISIONS

 

22.(1)       The funds of the Authority shall consist of  –

 

(a)               monies voted by the National Assembly for the use of the Authority;

 

(b)              monies accruing to the Authority from its operations;

 

(c)               monies received by the Authority by way of loans, donations, gifts or grants.

 

       (2)        The funds of the Authority shall be applied in defraying the working and establishment expenses of the Authority, payment of remuneration of the members and repayment of any debts.

 

  23.(1)       The financial year of the Authority shall be the year ending on 31 December.

 

       (2)        The accounts of the Authority shall be audited by the Auditor General in accordance with article 158 of the Constitution.

 

 24.           All members and officers 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 and those sections shall apply to them.

 

25.            No liability, civil or criminal, shall attach to  the Authority or a member, officer or employee of the Authority  in respect of an act done or omission made in good faith in the performance of the functions of the Authority or of such member , officer or employee as the case may be.

 

26.            The Minister may, in consultation with the Board, make regulations for the purpose of carrying into effect the principles and provisions of this Act.

 

 

 

------------------------------------------------

NO SUBSIDIARY LEGISLATION

------------------------------------------------