Education (Scotland) Act 2025

Part 1 S Qualifications Scotland

Establishment S

1 Qualifications Scotland S

(1) A body corporate to be known as Qualifications Scotland (in Gaelic, Teisteanasan Alba) is established.

(2) Qualifications Scotland has the functions conferred on it by or under this Act and any other enactment.

(3) Schedule 1 makes further provision about the status, membership, staffing, procedures and powers of Qualifications Scotland.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 66(2)

I2 S. 1(1) in force at 1.12.2025 by S.S.I. 2025/351, reg. 2, sch.

I3 S. 1(2)(3) in force at 1.12.2025 for specified purposes by S.S.I. 2025/351, reg. 2, sch.

Prospective

Functions S

2 The function of awarding qualifications S

(1) Qualifications Scotland has the following functions—

(a) to devise qualifications (whether for itself or others to award),

(b) to approve education and training establishments as suitable for presenting persons for Qualifications Scotland qualifications,

(c) to determine a person’s entitlement to Qualifications Scotland qualifications and, where a person is so entitled, to award and record such a qualification,

(d) to keep under review and revise qualifications devised under paragraph (a), and

(e) to make arrangements for, assist in or carry out the assessment of persons undertaking education and training.

(2) The functions mentioned in paragraphs (a) and (d) of subsection (1) include the power to—

(a) devise a programme of learning to be used in connection with the qualification,

(b) determine what a person is required to do and the level of competence the person is required to demonstrate in order to attain the qualification,

(c) determine the means of assessing whether the person has done what is required or demonstrated the level of competence required.

(3) In exercising the function mentioned in paragraph (b) of subsection (1), Qualifications Scotland is to have regard to the matters mentioned in sub-paragraphs (i) to (iii) of section 3(b).

(4) Qualifications Scotland may not exercise any of its functions under this section in relation to a degree.

(5) For the purpose of subsection (4), “degree” means a degree which is awarded by a university or by an institution specified as competent to grant it by virtue of section 48 of the Further and Higher Education (Scotland) Act 1992.

Commencement Information

I4 S. 2 not in force at Royal Assent, see s. 66(2)

3 The quality assurance function S

Qualifications Scotland—

(a) must, in respect of qualifications devised under section 2(1)(a), make such arrangements as it considers appropriate to satisfy itself as to the quality of such qualifications,

(b) may, in respect of education and training establishments which have been approved under section 2(1)(b), make such arrangements as it considers appropriate to satisfy itself as to—

(i) the quality of the procedures adopted by such establishments for assessing the standards of attainment of persons undertaking Qualifications Scotland qualifications (and, in particular, such persons with educational support needs),

(ii) the quality of the internal arrangements adopted by such establishments for monitoring and controlling the effectiveness of such procedures, and

(iii) the overall suitability of such establishments for presenting persons for Qualifications Scotland qualifications.

Commencement Information

I5 S. 3 not in force at Royal Assent, see s. 66(2)

4 The accreditation function S

(1) Qualifications Scotland has the function of—

(a) accrediting qualifications as meeting such requirements as are specified by it, and

(b) making such arrangements as it considers appropriate to satisfy itself as to the suitability of the establishments which provide, or are to provide, qualifications accredited under paragraph (a).

(2) Qualifications Scotland must publish the requirements specified by it in pursuance of subsection (1)(a).

(3) The function conferred by subsection (1) is to be carried out by the Accreditation Committee.

(4) Qualifications Scotland may not exercise any of its functions under this section in relation to a degree (within the meaning of section 2(5)).

Commencement Information

I6 S. 4 not in force at Royal Assent, see s. 66(2)

5 The advisory function S

(1) Qualifications Scotland must, on request, provide the Scottish Ministers with advice regarding any matter to which Qualifications Scotland’s functions relate.

(2) Qualifications Scotland may, at any other time, provide the Scottish Ministers with such advice as it thinks fit regarding any matter to which its functions relate.

Commencement Information

I7 S. 5 not in force at Royal Assent, see s. 66(2)

6 Working with, or recognition of, others S

(1) Qualifications Scotland may, whether within or outwith Scotland—

(a) provide services (including advice or assistance),

(b) act as agent for another person,

in respect of any matter to which its functions relate.

(2) Qualifications Scotland must work in collaboration with others (whether within or outwith Scotland), in every case in which it appears to Qualifications Scotland appropriate to do so, in respect of any matter to which its functions relate.

(3) Qualifications Scotland may confer fellowships or other awards on persons who, in the opinion of Qualifications Scotland, have made an outstanding contribution to the advancement of education or training.

Commencement Information

I8 S. 6 not in force at Royal Assent, see s. 66(2)

7 Duties when exercising functions S

(1) In the exercise of its functions, Qualifications Scotland must—

(a) promote and advance education and training, including education and training which reflects current and future needs in relation to improving Scotland’s economy,

(b) in every case in which it appears to Qualifications Scotland appropriate to do so, consult such persons with an interest (see subsection (2)) as Qualifications Scotland considers appropriate,

(c) have regard to the needs and interests of children, young people and other persons using its services, including those who are receiving, or wish to receive—

(i) British Sign Language learner education,

(ii) British Sign Language medium education,

(iii) Gaelic learner education,

(iv) Gaelic medium education, or

(v) the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,

(d) have regard to any advice provided to it by the Strategic Advisory Council (see section 9),

(e) have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership (a Scottish charity with the charity number SC037958), as it has effect for the time being,

(f) have regard to any representations made in writing to Qualifications Scotland about the exercise of its functions by—

(i) the Scottish Further and Higher Education Funding Council,

(ii) the Skills Development Scotland Co. Limited (company number SC202659),

(g) have regard to any developments in how persons undertake education and training that are relevant to the assessment of such persons,

(h) have regard to the economic, social and environmental priorities of the Scottish Ministers,

(i) have regard to the need to operate in a way which is transparent and accountable,

(j) so far as reasonably practicable, prioritise the provision of services in Scotland.

(2) For the purposes of subsection (1)(b), persons with an interest are—

(a) persons undertaking a Qualifications Scotland qualification,

(b) persons providing teaching or training in respect of a Qualifications Scotland qualification,

(c) such other persons as Qualifications Scotland considers appropriate.

(3) The Scottish Ministers may by regulations modify—

(a) subsection (1)(e) so as to substitute another credit and qualifications framework for the credit and qualifications framework for the time being mentioned there,

(b) subsection (1)(f)(ii)—

(i) so as to substitute another person for the person for the time being mentioned there, or

(ii) where the person changes its name, by modifying the reference to the person to reflect that change of name.

(4) Subsection (1)(e) does not apply during any period in which the credit and qualifications framework for the time being mentioned there does not have effect.

(5) In this section, “credit and qualifications framework” means a system for comparing qualifications in Scotland by reference to the level of skills and experience required to obtain such qualifications.

Commencement Information

I9 S. 7 not in force at Royal Assent, see s. 66(2)

8 Consultation with Strategic Advisory Council S

(1) Qualifications Scotland must, in the exercise of its functions, consult the Strategic Advisory Council in every case in which it appears to Qualifications Scotland appropriate to do so.

(2) Qualifications Scotland must have regard to any guidance issued by the Scottish Ministers as to the fulfilment of the requirement imposed by subsection (1).

(3) The Scottish Ministers must publish any guidance issued as mentioned in subsection (2).

(4) Qualifications Scotland must publish its procedures for—

(a) fulfilling the requirement imposed by subsection (1),

(b) providing responses to any advice provided to it by the council.

(5) If Qualifications Scotland revises the procedures published under subsection (4), it must publish the procedures as revised.

Commencement Information

I10 S. 8 not in force at Royal Assent, see s. 66(2)

Prospective

Strategic Advisory Council S

9 Strategic Advisory Council S

(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

(b) providing advice in relation to those matters to Qualifications Scotland or the 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—

(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 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),

(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 which, and persons to whom, it is to provide copies of advice),

(g) the provision by Qualifications Scotland of any information that the council reasonably requests for the purpose of performing its functions,

(h) 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 provide copies of such responses), and

(i) 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—

(a) that two members of the council are to be appointed as conveners, one (but only one) of whom must also be a member of Qualifications Scotland,

(b) that members of staff of Qualifications Scotland may not be appointed as members of the council,

(c) that one or more members appointed to the council must represent the interests of children and young people,

(d) 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,

(e) that members of the council—

(i) are to be appointed for a period not exceeding 4 years (“a term”),

(ii) may be reappointed for one or more further terms, but may not serve more than 12 years in total as a member,

(f) that the council must—

(i) in the exercise of its functions, in every case in which it appears to the council appropriate to do so—

(A) consult such of the persons and committees mentioned in subsection (4) as the council considers appropriate,

(B) have regard to any consultation carried out by Qualifications Scotland,

(ii) have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph (i),

(iii) allow members of staff of Qualifications Scotland to observe or participate in meetings of the council at the discretion of the conveners.

(4) The persons and committees referred to in subsection (3)(f)(i)(A) are—

(a) Qualifications Scotland,

(b) the Learner Interest Committee,

(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.

(5) The Scottish Ministers must publish any guidance issued as mentioned in subsection (3)(f)(ii).

Commencement Information

I11 S. 9 not in force at Royal Assent, see s. 66(2)

Prospective

Expert Group on Qualifications Standards S

10 Expert Group on Qualifications Standards S

(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).

(2) Members of, and members of staff of, Qualifications Scotland may not be appointed as members of the group.

Commencement Information

I12 S. 10 not in force at Royal Assent, see s. 66(2)

Prospective

Charters S

11 The learner charter S

(1) Qualifications Scotland must—

(a) prepare a learner charter in collaboration with—

(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—

(a) must set out what children, young people and adults undertaking a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,

(b) may include such other information as Qualifications Scotland considers appropriate.

(3) 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.

(4) The persons invited by Qualifications Scotland to participate in the preparation of the learner charter must include—

(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),

(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 of being in the care system as children or young people,

(h) persons from socio-economically disadvantaged backgrounds.

(5) 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.

(6) 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.

(7) 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.

Commencement Information

I13 S. 11 not in force at Royal Assent, see s. 66(2)

12 The teacher and practitioner charter S

(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 the day on which this section comes into force.

(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,

(b) may include such other information as Qualifications Scotland considers appropriate.

(3) 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 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).

(4) In inviting persons to participate in the preparation of the teacher and practitioner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(5) 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

(b) have regard to the comments (if any) received from the council and Ministers in response.

(6) 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.

Commencement Information

I14 S. 12 not in force at Royal Assent, see s. 66(2)

13 Reviewing and revising the charters S

(1) Qualifications Scotland must review—

(a) the learner charter, and

(b) the teacher and practitioner charter,

in accordance with this section.

(2) Each charter must be reviewed—

(a) within 5 years of its publication under section 11(1) or (as the case may be) 12(1), and

(b) thereafter, within 5 years of the charter last being reviewed.

(3) Following the review of a charter, Qualifications Scotland may revise the charter as it considers appropriate.

(4) Section 11(1)(a) and (4) to (6) or (as the case may be) section 12(1)(a) and (3) to (5) applies to the revision of a charter as it applies to its preparation.

(5) As soon as reasonably practicable after revising a charter, Qualifications Scotland must publish the charter as revised.

Commencement Information

I15 S. 13 not in force at Royal Assent, see s. 66(2)

14 Other charters S

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 11(2)(a) and 12(2)(a)) should expect from it in the exercise of its functions.

Commencement Information

I16 S. 14 not in force at Royal Assent, see s. 66(2)

Prospective

Guidance S

15 Guidance about assistance for people with educational support needs S

(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 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.

Commencement Information

I17 S. 15 not in force at Royal Assent, see s. 66(2)

Prospective

Accountability of Qualifications Scotland S

16 Corporate plan of Qualifications Scotland S

(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.

(2) Before the corporate plan is submitted to the Scottish Ministers, it must be approved by a vote of the members of Qualifications Scotland, in which a majority of those voting cast their vote in favour of it.

(3) A corporate plan under this section—

(a) must set out—

(i) the main objectives of Qualifications Scotland,

(ii) the outcomes by reference to which the achievement of those objectives will be assessed,

(iii) a general description of the main activities which Qualifications Scotland plans to undertake,

(iv) what Qualifications Scotland intends to do to satisfy—

(A) the requirements of section 7,

(B) the expectations set out in its charters,

(b) may include such other material as Qualifications Scotland considers appropriate.

(4) Despite subsection (3)(a), a corporate plan need not include details of objectives or activities which relate to the function conferred by section 4(1) (but see section 24).

(5) Before preparing a corporate plan Qualifications Scotland must consult—

(a) such persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,

(b) such persons who are providing teaching or training in respect of a Qualifications Scotland qualification as Qualifications Scotland considers appropriate,

(c) such employers as Qualifications Scotland considers appropriate,

(d) such other persons as Qualifications Scotland considers appropriate,

on how Qualifications Scotland can, in the exercise of its functions, align with the economic, social and environmental priorities of the Scottish Ministers.

(6) The Scottish Ministers must—

(a) approve the corporate plan,

(b) approve the corporate plan with any modifications they consider appropriate, or

(c) reject the corporate plan.

(7) Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Qualifications Scotland before doing so.

(8) Where the Scottish Ministers reject the corporate plan—

(a) the Scottish Ministers must publish their reasons for rejecting the plan, and

(b) Qualifications Scotland must, as soon as reasonably practicable, modify the corporate plan and resubmit it to the Scottish Ministers.

(9) As soon as reasonably practicable after a corporate plan is approved by the Scottish Ministers—

(a) Qualifications Scotland must publish it, and

(b) the Scottish Ministers must lay a copy of it before the Scottish Parliament.

(10) Qualifications Scotland—

(a) may submit a new corporate plan to the Scottish Ministers at any time, and

(b) must do so when so required by the Scottish Ministers.

(11) Subsections (2) and (6) to (8) apply to a new corporate plan, and to a modified corporate plan submitted under subsection (8)(b), as they apply to the corporate plan submitted under subsection (1).

Commencement Information

I18 S. 16 not in force at Royal Assent, see s. 66(2)

17 Annual report of Qualifications Scotland S

(1) Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on its activities during that year, and

(b) send a copy of the report to the Scottish Ministers.

(2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

(3) A report under subsection (1) must include a statement of what Qualifications Scotland has done during that year to satisfy—

(a) the requirements of section 7,

(b) the expectations set out in its charters.

(4) Where Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, a report under subsection (1) must set out—

(a) any failures,

(b) the reasons for those failures,

(c) the steps that Qualifications Scotland has taken, or intends to take, to remedy those failures.

(5) Despite subsection (1)(a), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see section 25).

(6) It is otherwise for Qualifications Scotland to determine the form and content of each report.

Commencement Information

I19 S. 17 not in force at Royal Assent, see s. 66(2)

18 Annual quality assurance compliance report of Qualifications Scotland S

(1) Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on the operation during that year of its arrangements, made in accordance with section 3(a), for satisfying itself as to the quality of qualifications devised under section 2(1)(a), and

(b) send a copy of the report to the Scottish Ministers.

(2) The Scottish Ministers must lay a copy of a report under subsection (1) before the Scottish Parliament.

(3) A report under subsection (1) must set out—

(a) the arrangements that were in place during the financial year, and

(b) how Qualifications Scotland complied with those arrangements during that year.

(4) It is otherwise for Qualifications Scotland to determine the form and content of each report and, in particular, the report may be part of another document.

(5) In preparing a report under subsection (1), Qualifications Scotland must consult—

(a) the Learner Interest Committee,

(b) the Teacher and Practitioner Interest Committee.

Commencement Information

I20 S. 18 not in force at Royal Assent, see s. 66(2)

19 Reports of advice to Qualifications Scotland from certain committees S

(1) Qualifications Scotland must prepare and publish reports setting out a summary of—

(a) the advice provided to it by—

(i) the Learner Interest Committee,

(ii) the Teacher and Practitioner Interest Committee,

(iii) the Accreditation Committee,

(b) Qualifications Scotland’s response to such advice.

(2) Qualifications Scotland must publish a report under subsection (1) within the period of 12 months beginning with—

(a) in the case of the first report, the day on which this section comes into force,

(b) in the case of subsequent reports, the day on which the last report was published under subsection (1).

Commencement Information

I21 S. 19 not in force at Royal Assent, see s. 66(2)

20 Accounts and audit of Qualifications Scotland S

(1) Qualifications Scotland must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(c) send a copy of the statement to the Scottish Ministers.

(2) The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Qualifications Scotland, send it to the Auditor General for Scotland for auditing.

Commencement Information

I22 S. 20 not in force at Royal Assent, see s. 66(2)

21 Scottish Ministers’ power to direct Qualifications Scotland S

(1) Qualifications Scotland must comply with any direction issued to it by the Scottish Ministers.

(2) A direction issued by the Scottish Ministers to Qualifications Scotland—

(a) may be general or relate to a particular function or matter,

(b) may vary or revoke an earlier direction under this section,

(c) must—

(i) be in writing, and

(ii) be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to Qualifications Scotland.

(3) Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult Qualifications Scotland about it.

Commencement Information

I23 S. 21 not in force at Royal Assent, see s. 66(2)

22 Guidance by the Scottish Ministers to Qualifications Scotland S

(1) In addition to having regard to any guidance issued as mentioned in section 8(2) or 9(3)(f)(ii), Qualifications Scotland must also have regard to any other guidance issued by the Scottish Ministers in respect of the exercise of Qualifications Scotland’s functions.

(2) The Scottish Ministers must publish any guidance issued as mentioned in subsection (1).

Commencement Information

I24 S. 22 not in force at Royal Assent, see s. 66(2)

23 Provision of information by Qualifications Scotland S

Qualifications Scotland must provide the Scottish Ministers with such information as the Scottish Ministers reasonably request relating to the carrying out or proposed carrying out of Qualifications Scotland’s functions.

Commencement Information

I25 S. 23 not in force at Royal Assent, see s. 66(2)

Prospective

Accountability of the Accreditation Committee S

24 Corporate plan of the Accreditation Committee S

(1) The Accreditation Committee must prepare and publish a corporate plan as soon as reasonably practicable after the day on which this section comes into force.

(2) The corporate plan—

(a) must set out how the committee intends to exercise its functions,

(b) may include such other material as the committee considers appropriate.

(3) The committee—

(a) may prepare a new corporate plan at any time, and

(b) must publish any such new plan.

Commencement Information

I26 S. 24 not in force at Royal Assent, see s. 66(2)

25 Annual report of the Accreditation Committee S

(1) The Accreditation Committee must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on its activities during that year, and

(b) send a copy of the report to the Scottish Ministers.

(2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

(3) It is for the Accreditation Committee to determine the form and content of each report.

Commencement Information

I27 S. 25 not in force at Royal Assent, see s. 66(2)

26 Scottish Ministers’ power to direct the Accreditation Committee S

(1) The Accreditation Committee must comply with any direction issued to it by the Scottish Ministers.

(2) A direction issued by the Scottish Ministers to the committee—

(a) may be general or relate to a particular function or matter,

(b) may vary or revoke an earlier direction under this section,

(c) must—

(i) be in writing, and

(ii) be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to the committee.

(3) Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult the committee about it.

Commencement Information

I28 S. 26 not in force at Royal Assent, see s. 66(2)

Prospective

Funding and powers S

27 Financial assistance S

(1) The Scottish Ministers may provide such financial assistance to Qualifications Scotland as the Scottish Ministers consider appropriate.

(2) For the purposes of subsection (1), “financial assistance” includes grants, loans, guarantees and indemnities.

(3) The Scottish Ministers may specify conditions (including conditions as to repayment or the payment of interest) which apply in respect of any financial assistance provided.

Commencement Information

I29 S. 27 not in force at Royal Assent, see s. 66(2)

28 Funding and use of resources S

(1) Qualifications Scotland may, where it appears to it to be necessary or expedient for the purposes of, or in connection with, or to be otherwise conducive to, the performance of its functions—

(a) invest sums not immediately required for the performance of its functions,

(b) accept, hold and administer gifts of any kind,

(c) hold and maintain land or other property,

(d) subject to the satisfaction of any criteria set by the Scottish Ministers in respect of such a charge, charge for providing a service.

(2) Qualifications Scotland must have the consent of the Scottish Ministers to—

(a) borrow from someone other than the Scottish Ministers,

(b) acquire or dispose of land,

(c) form or promote (whether alone or with others) a company under the Companies Act 2006,

(d) where an amount is specified by virtue of subsection (4), enter into a contract with a value in excess of that amount.

(3) For the purposes of subsection (2), the consent of the Scottish Ministers may be given—

(a) in respect of a particular transaction or description of transactions,

(b) subject to conditions.

(4) The Scottish Ministers may, for the purposes of subsection (2)(d), from time to time specify—

(a) an amount,

(b) how the value of a contract is to be determined.

Commencement Information

I30 S. 28 not in force at Royal Assent, see s. 66(2)

29 General powers S

Qualifications Scotland may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

Commencement Information

I31 S. 29 not in force at Royal Assent, see s. 66(2)

Prospective

Supporting provisions S

30 Publication of documents S

In publishing a document under this Part, Qualifications Scotland must have regard to the importance of communicating in an inclusive way that best meets the needs of—

(a) children and young people,

(b) persons with educational support needs,

(c) users of British Sign Language,

(d) users of the Gaelic language,

(e) users of the Scots language,

(f) other users of the services of Qualifications Scotland.

Commencement Information

I32 S. 30 not in force at Royal Assent, see s. 66(2)

Prospective

Reviews S

31 Review of arrangements for assuring quality of qualifications S

(1) The Scottish Ministers must appoint a person to undertake a review of the effectiveness of Qualifications Scotland’s arrangements, made in accordance with section 3(a), for satisfying itself as to the quality of qualifications devised under section 2(1)(a).

(2) The Scottish Ministers—

(a) must make an appointment under subsection (1) as soon as reasonably practicable and, in any event, no later than 3 months after this section comes into force,

(b) must not appoint a person under subsection (1) who is a member of, or a member of staff of, Qualifications Scotland.

(3) The person appointed under subsection (1) must—

(a) after undertaking the review, prepare a report of the review,

(b) submit the report to the Scottish Ministers.

(4) The Scottish Ministers must—

(a) give a copy of the report to Qualifications Scotland,

(b) lay a copy of the report before the Scottish Parliament, and

(c) publish the report.

Commencement Information

I33 S. 31 not in force at Royal Assent, see s. 66(2)

32 Review of accreditation function S

(1) The Scottish Ministers must, as soon as reasonably practicable after the end of the review period—

(a) undertake a review of the operation of the accreditation provisions,

(b) prepare a report on that review,

(c) publish the report and lay a copy of it before the Scottish Parliament.

(2) The report must, in particular, set out—

(a) an assessment of the scope of the accreditation function,

(b) an assessment of whether the accreditation function should remain a function of Qualifications Scotland,

(c) what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review, including whether they intend to bring forward legislation in relation to the accreditation function.

(3) If the Scottish Ministers state in the report that they intend to bring forward legislation in relation to the accreditation function, they must—

(a) within 1 year of publication of the report, bring forward such legislation, or

(b) as soon as reasonably practicable following the expiry of that period, lay a statement before the Scottish Parliament setting out—

(i) whether they still intend to bring forward such legislation,

(ii) where they still intend to bring forward such legislation, their timescales for doing so,

(iii) where they no longer intend to bring forward such legislation, their reasons for that.

(4) The Scottish Ministers may delegate their functions under subsections (1)(a) and (b) to such person as they consider appropriate.

(5) When undertaking the review under subsection (1)(a), the Scottish Ministers (or, if applicable, the person to whom the review is delegated under subsection (4)) must consult—

(a) Qualifications Scotland, and

(b) such other persons as the Scottish Ministers (or, if applicable, the person to whom the review is delegated) consider appropriate.

(6) In this section—

• “accreditation function” means the function conferred by section 4(1),

• “accreditation provisions” means—

  (a)

  section 4,

  (b)

  section 24,

  (c)

  section 25,

  (d)

  paragraph 13 of schedule 1, and

  (e)

  paragraphs 10, 14 and 15 of schedule 1 insofar as they relate to the Accreditation Committee,

• “bringing forward legislation”, in relation to the accreditation provisions, means—

  (a)

  laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument under Part 2 of the Public Services Reform (Scotland) Act 2010 containing an order making provision in relation to the accreditation provisions, or

  (b)

  introducing a Bill to the Scottish Parliament which includes or consists of provision in relation to the accreditation provisions,

• “review period” means the period of 2 years beginning with the day on which the accreditation provisions come into force (or, if they come into force on different days, the day on which the last of them comes into force).

Commencement Information

I34 S. 32 not in force at Royal Assent, see s. 66(2)

Prospective

Part 2 S His Majesty’s Chief Inspector of Education in Scotland

Establishment S

33 His Majesty’s Chief Inspector of Education in Scotland S

(1) The office of His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba) is established.

(2) Schedule 2 makes further provision about the office.

Commencement Information

I35 S. 33 not in force at Royal Assent, see s. 66(2)

34 Deputy Chief Inspector of Education in Scotland S

(1) There is to be a Deputy Chief Inspector of Education in Scotland who has the function of deputising for the Chief Inspector.

(2) The Chief Inspector is, with the approval of the Scottish Ministers, to appoint a person who is an Inspector under section 35 as the Deputy Chief Inspector.

Commencement Information

I36 S. 34 not in force at Royal Assent, see s. 66(2)

35 His Majesty’s Inspectors of Education in Scotland S

(1) There are to be His Majesty’s Inspectors of Education in Scotland, appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.

(2) His Majesty may appoint such number of Inspectors as the Scottish Ministers determine.

(3) An Inspector—

(a) holds and vacates office at His Majesty’s pleasure,

(b) otherwise holds office in accordance with such terms and conditions as the Scottish Ministers determine.

(4) The validity of anything done by an Inspector is not affected by a defect in a person’s appointment as an Inspector.

(5) A person who, immediately before the coming into force of this section, is one of His Majesty’s inspectors within the meaning of section 135(1) of the Education (Scotland) Act 1980 is taken to have been appointed under this section as one of His Majesty’s Inspectors of Education in Scotland.

Commencement Information

I37 S. 35 not in force at Royal Assent, see s. 66(2)

36 Assistance with inspections S

(1) The Chief Inspector may appoint such persons as appear to the Chief Inspector to be suitable to assist in the carrying out of inspections.

(2) Such a person is—

(a) to be paid such remuneration or allowances (including expenses) as the Chief Inspector, with the approval of the Scottish Ministers, determines, and

(b) otherwise to hold office in accordance with such other terms and conditions as the Chief Inspector, with the approval of the Scottish Ministers, determines.

Commencement Information

I38 S. 36 not in force at Royal Assent, see s. 66(2)

Functions S

37 Purpose of inspection S

(1) The Chief Inspector is, so far as relevant, to carry out the Chief Inspector’s functions for the purposes of—

(a) recognising effective practice adopted by relevant educational establishments,

(b) promoting improvement in the quality of education in Scotland, including by—

(i) supporting relevant educational establishments to improve by—

(A) identifying areas for improvement,

(B) establishing where support may be required to make improvements,

(C) sharing effective practice,

(ii) sharing evidence to inform the development of education policy,

(c) providing assurance to the public that the quality of education provided in relevant educational establishments is being assessed and that establishments are being held to account accordingly.

(2) The Scottish Ministers may by regulations modify this section so as to add, remove or vary a purpose of inspection.

(3) Before making regulations under subsection (2), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council (see section 44), and

(c) such other persons as the Scottish Ministers consider appropriate.

Commencement Information

I39 S. 37 not in force at Royal Assent, see s. 66(2)

38 The inspection function S

(1) The Chief Inspector is to secure the inspection of relevant educational establishments.

(2) In carrying out that function, the Chief Inspector—

(a) must secure the inspection of relevant educational establishments, other than excepted establishments, at such intervals and to such extent as the Chief Inspector considers appropriate (but in accordance with any regulations made under subsection (4)),

(b) must comply with any written request from the Scottish Ministers requiring the Chief Inspector to secure the inspection of—

(i) a relevant educational establishment,

(ii) a type of relevant educational establishment,

(iii) a sample of a type of relevant educational establishment,

(c) may secure the inspection of an excepted establishment only on a request from the Scottish Ministers under paragraph (b).

(3) For the purpose of this section, the Chief Inspector is to secure the inspection of an establishment—

(a) by directing an Inspector to carry out the inspection,

(b) by directing a person appointed under section 36(1) to carry out the inspection,

(c) by carrying out the inspection personally,

(d) through a combination of the ways described in paragraphs (a) to (c).

(4) The Scottish Ministers may by regulations specify the minimum frequency with which establishments are to be inspected in accordance with subsection (2)(a).

(5) Before making regulations under subsection (4), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council,

(c) such persons as are required to be consulted under subsection (6),

(d) such other persons as the Scottish Ministers consider appropriate.

(6) The persons who are required to be consulted under this subsection are—

(a) where the regulations in respect of which consultation is being carried out will specify the minimum frequency with which schools are to be inspected—

(i) such registered teachers as the Scottish Ministers consider appropriate,

(ii) such persons who appear to the Scottish Ministers to represent the interests of registered teachers as the Scottish Ministers consider appropriate,

(b) where the regulations in respect of which consultation is being carried out will specify the minimum frequency with which providers of further education are to be inspected—

(i) such college teaching staff as the Scottish Ministers consider appropriate,

(ii) such persons who appear to the Scottish Ministers to represent the interests of college teaching staff as the Scottish Ministers consider appropriate.

(7) The Scottish Ministers must—

(a) within 12 months of this section coming fully into force, lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations in respect of schools which they are empowered to make under subsection (4), and

(b) if the draft Scottish statutory instrument is approved by the Scottish Parliament, make the regulations contained in the draft instrument.

(8) For the purpose of subsection (7), “schools” is to be construed in accordance with the definition of “school” in section 135(1) of the Education (Scotland) Act 1980 other than that it is not to include a nursery school.

Commencement Information

I40 S. 38 not in force at Royal Assent, see s. 66(2)

39 Meaning of “relevant educational establishment” and “excepted establishment” S

(1) In this Act, “relevant educational establishment” means—

(a) a school,

(b) a provider of school education under arrangements entered into by virtue of section 35 of the Standards in Scotland’s Schools etc. Act 2000,

(c) a provider of further education,

(d) an institution which—

(i) provides education and training wholly or mainly for individuals who are, or are training to be, teachers in schools, and

(ii) is a higher education institution (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(e) a place where a child or young person is provided with residential accommodation by, or in pursuance of an arrangement with—

(i) an education authority,

(ii) the managers of a grant-aided school, or

(iii) the proprietor of an independent school,

for the purposes of the child or young person’s attendance at a school,

(f) an education authority.

(2) A reference in this Act to a relevant educational establishment includes a reference to the premises of an establishment mentioned in subsection (1)(a) to (d).

(3) But—

(a) where the subject of an inspection is a higher education institution, it may be inspected under section 38 only in relation to education and training which is provided as mentioned in subsection (1)(d)(i),

(b) where the subject of an inspection is a place mentioned in subsection (1)(e), it may be inspected under section 38 only with a view to determining whether the child or young person’s welfare is adequately safeguarded and promoted there,

(c) where the subject of an inspection is an education authority, it may be inspected under section 38 only in relation to the functions of the authority which relate to the provision of school education, whether exercised individually or with others.

(4) In this Act, “excepted establishment” means—

(a) a place where fundable further education is provided by a post-16 education body (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(b) a place mentioned in subsection (1)(d).

(5) Any expression used in this section and in the Education (Scotland) Act 1980 has the same meaning in this section as in that Act.

(6) The Scottish Ministers may by regulations modify this section so as to modify the meaning of—

(a) “relevant educational establishment”,

(b) “excepted establishment”.

(7) Before making regulations under subsection (6), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council, and

(c) such other persons as the Scottish Ministers consider appropriate.

Commencement Information

I41 S. 39 not in force at Royal Assent, see s. 66(2)

40 The voluntary arrangements function S

(1) The Chief Inspector may enter into arrangements with any person for the provision to that person of inspections or advice in relation to the provision of education.

(2) Where an inspection is carried out or advice is provided by virtue of subsection (1), the Chief Inspector may recover the expenses incurred in respect of providing the advice or carrying out the inspection from the person with whom the arrangements were made.

Commencement Information

I42 S. 40 not in force at Royal Assent, see s. 66(2)

41 The advisory function S

(1) The Chief Inspector must, on request, provide the Scottish Ministers with advice regarding any matter to which the Chief Inspector’s functions relate.

(2) The Chief Inspector may, at any other time, provide the Scottish Ministers with such advice as the Chief Inspector thinks fit regarding any matter to which the Chief Inspector’s functions relate.

Commencement Information

I43 S. 41 not in force at Royal Assent, see s. 66(2)

42 Working with others S

The Chief Inspector must work in collaboration with others, in every case in which it appears to the Chief Inspector appropriate to do so, in respect of any matter to which the Chief Inspector’s functions relate.

Commencement Information

I44 S. 42 not in force at Royal Assent, see s. 66(2)

43 Duties when exercising functions S

(1) In the exercise of the Chief Inspector’s functions, the Chief Inspector must—

(a) set and uphold high standards in education governance and accountability,

(b) have regard to—

(i) the Scottish Ministers’ strategic priorities and objectives in relation to school education as set out in the National Improvement Framework,

(ii) the statutory roles and responsibilities of any persons or bodies that the Chief Inspector works with in the exercise of the Chief Inspector’s functions,

(iii) the need for relevant educational establishments to have adequate arrangements in place to safeguard and promote the welfare of children and young people,

(iv) the needs and interests of children, young people and other persons who are receiving or will receive education at a relevant educational establishment, including those with educational support needs and those who are receiving, or wish to receive—

(A) British Sign Language learner education,

(B) British Sign Language medium education,

(C) Gaelic learner education,

(D) Gaelic medium education, or

(E) the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,

(v) the experience of persons providing teaching or training in a relevant educational establishment,

(vi) the experience of persons providing support to persons with educational support needs at a relevant educational establishment.

(2) For the purpose of subsection (1)(b)(i), the “National Improvement Framework” means the National Improvement Framework for the time being in effect, as prepared and published under section 3C of the Standards in Scotland’s Schools etc. Act 2000.

Commencement Information

I45 S. 43 not in force at Royal Assent, see s. 66(2)

Advisory Council S

44 Advisory Council S

(1) The Chief Inspector must establish and maintain an Advisory Council.

(2) In appointing members to it, the Chief Inspector must have regard to the need to ensure that the Advisory Council (taken as a whole) is representative of the interests of persons likely to be affected by the Chief Inspector’s functions, including—

(a) persons who are receiving education at relevant educational establishments,

(b) parents and carers of persons receiving education at such establishments,

(c) persons who are providing teaching or training at such establishments,

(d) members of the Chief Inspector’s staff.

(3) The function of the Advisory Council is to advise the Chief Inspector in relation to the exercise of the Chief Inspector’s functions (when asked to so by the Chief Inspector or on its own initiative).

(4) The Chief Inspector must—

(a) have regard to any advice provided by the Advisory Council, and

(b) where the Chief Inspector decides not to act in accordance with that advice, provide the Advisory Council with an explanation of—

(i) what action (if any) the Chief Inspector has taken, or intends to take, in response, and

(ii) the reasons for that response or proposed response.

Commencement Information

I46 S. 44 not in force at Royal Assent, see s. 66(2)

Accountability S

45 Inspection plan S

(1) The Chief Inspector must, as soon as reasonably practicable after the day on which this section comes into force—

(a) prepare and publish an inspection plan, and

(b) lay the inspection plan before the Scottish Parliament.

(2) An inspection plan under this section—

(a) must set out—

(i) the period to which the plan applies,

(ii) the frequency with which different types of relevant educational establishments, other than excepted establishments, will be inspected,

(iii) the approximate number of such establishments to be inspected,

(iv) where a relevant educational establishment is to receive notice of an inspection, information about—

(A) when that notice will be given, and

(B) the form in which the notice will be given,

(v) information about the different types of inspection model which may be used,

(vi) the standards against which establishments will be evaluated,

(vii) how inspections will evaluate the extent to which relevant educational establishments are taking action to secure better or further effect of the rights of children,

(viii) information about the extent to which, and how, inspections will evaluate outdoor education (including the standards against which outdoor education will be measured),

(ix) the process for making recommendations to establishments,

(x) the process for establishments to respond to any recommendations received,

(b) may include such other material as the Chief Inspector considers appropriate.

(3) The Chief Inspector—

(a) must keep the inspection plan under review,

(b) may prepare a new inspection plan at any time, and

(c) must publish and lay before the Scottish Parliament any such new inspection plan.

(4) In preparing an inspection plan, the Chief Inspector must consult—

(a) the Scottish Ministers,

(b) the Advisory Council,

(c) such persons as the Chief Inspector considers representative of relevant educational establishments as the Chief Inspector considers appropriate,

(d) such persons as the Chief Inspector considers representative of registered teachers and college teaching staff as the Chief Inspector considers appropriate, and

(e) such other persons as the Chief Inspector considers appropriate.

(5) Before publishing an inspection plan under subsection (1)(a) or (3)(c), the Chief Inspector must lay a draft of the plan before the Scottish Parliament for a period of 40 days.

(6) The Chief Inspector must have regard to—

(a) any representations about the draft plan made to the Chief Inspector during that period,

(b) any resolution relating to the draft plan passed by the Parliament, and

(c) any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of the Parliament’s standing orders.

(7) In calculating the period of 40 days for the purposes of subsection (5), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(8) The Scottish Ministers may by regulations modify this section in order to make provision about the frequency with which the Chief Inspector must review the inspection plan (including any revised inspection plan).

(9) Before making regulations under subsection (8), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council,

(c) such persons as the Scottish Ministers consider representative of relevant educational establishments as the Scottish Ministers consider appropriate,

(d) such persons as the Scottish Ministers consider representative of the interests of persons (other than relevant educational establishments) likely to be affected by the Chief Inspector’s functions as the Scottish Ministers consider appropriate,

(e) such other persons as the Scottish Ministers consider appropriate.

Commencement Information

I47 S. 45 not in force at Royal Assent, see s. 66(2)

46 Reports on inspections S

(1) The Chief Inspector must—

(a) secure the preparation of a report on the findings of each inspection carried out in pursuance of section 38(2), and

(b) publish each such report.

(2) In preparing a report under subsection (1)(a), the Chief Inspector must have regard to any representations made by persons representing the interests of registered teachers or college teaching staff providing teaching or training in the inspected establishment.

(3) Subsection (4) applies where an inspection is carried out in pursuance of section 38(2) in respect of a single relevant educational establishment or what the Chief Inspector considers to be connected relevant educational establishments.

(4) The Chief Inspector must, unless the Chief Inspector considers that there are exceptional circumstances which justify not doing so, give a copy of the report prepared under subsection (1)(a) in respect of the inspection to the establishment or establishments in question—

(a) as soon as reasonably practicable after it has been prepared, and

(b) before it is published.

(5) The Chief Inspector must, as soon as reasonably practicable after it has been prepared, give the Scottish Ministers a copy of any report relating to an inspection requested by them under section 38(2)(b).

(6) The Chief Inspector may lay a copy of any report published under subsection (1) before the Scottish Parliament.

(7) It is for the Chief Inspector to determine the form and content of each report.

(8) The managers of a relevant educational establishment must, in discharging their functions in respect of the establishment, have regard to the most recent report published under subsection (1) in respect of the establishment.

(9) For the purposes of subsection (8), “managers”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.

Commencement Information

I48 S. 46 not in force at Royal Assent, see s. 66(2)

47 Annual report S

(1) The Chief Inspector must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on the Chief Inspector’s activities during that financial year,

(b) send a copy of the report to the Scottish Ministers, and

(c) at the same time as sending a copy of the report to the Scottish Ministers, lay a copy of the report before the Scottish Parliament.

(2) A report under subsection (1) must include—

(a) in relation to any advice provided by the Advisory Council during the financial year, a summary of—

(i) the advice provided,

(ii) the Chief Inspector’s response to that advice,

(b) the number of times during the financial year that the Chief Inspector has not provided a copy of a report as mentioned in section 46(4) because the Chief Inspector considered that there were exceptional circumstances which justified not doing so.

(3) It is otherwise for the Chief Inspector to determine the form and content of each report.

Commencement Information

I49 S. 47 not in force at Royal Assent, see s. 66(2)

48 Report on performance of the Scottish education system S

(1) The Chief Inspector must, as soon as reasonably practicable after the end of each reporting period—

(a) prepare and publish a report on the Chief Inspector’s assessment of the performance of the Scottish education system (so far as it relates to the Chief Inspector’s functions) during the reporting period,

(b) send a copy of the report to the Scottish Ministers, and

(c) at the same time as sending a copy of the report to the Scottish Ministers, lay a copy of the report before the Scottish Parliament.

(2) A report prepared under subsection (1)(a) must include an overview of the findings set out in reports published under section 46(1) during the reporting period insofar as those findings relate to the performance of the Scottish education system.

(3) It is for the Chief Inspector to determine the form of each report and, in particular, the report may be part of another document.

(4) The managers of a relevant educational establishment must, in discharging their functions in respect of the establishment, have regard to the most recent report on the performance of the Scottish education system published under subsection (1).

(5) For the purposes of subsection (4), “managers”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.

(6) In this section, “reporting period” means—

(a) the period beginning with the day on which this section comes into force and ending on the following 31 July, and

(b) each subsequent period of 1 year beginning on 1 August.

(7) The Scottish Ministers may by regulations modify this section so as to modify the meaning of “reporting period”.

(8) Before making regulations under subsection (7), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council, and

(c) such other persons as the Scottish Ministers consider appropriate.

Commencement Information

I50 S. 48 not in force at Royal Assent, see s. 66(2)

49 Other reports S

(1) The Chief Inspector may, in addition to the reports published under sections 46 to 48, prepare and publish a report about any other matter relating to the Chief Inspector’s functions.

(2) The Chief Inspector—

(a) must send a copy of any report published under subsection (1) to the Scottish Ministers,

(b) must, at the same time, lay a copy of any report published under subsection (1) before the Scottish Parliament.

Commencement Information

I51 S. 49 not in force at Royal Assent, see s. 66(2)

50 Protection from actions of defamation S

(1) For the purposes of the law of defamation any statement in a report published by the Chief Inspector has absolute privilege.

(2) In this section, “statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.

Commencement Information

I52 S. 50 not in force at Royal Assent, see s. 66(2)

Powers S

51 General powers S

The Chief Inspector may do anything which appears to the Chief Inspector—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of the Chief Inspector’s functions, or

(b) to be otherwise conducive to the performance of those functions.

Commencement Information

I53 S. 51 not in force at Royal Assent, see s. 66(2)

Cooperation with inspections S

52 Powers of entry and inspection S

(1) A person carrying out an inspection of a relevant educational establishment in pursuance of section 38 may enter the establishment.

(2) The power conferred by subsection (1)—

(a) must be exercised at a reasonable hour,

(b) extends to a dwelling-house only with the permission of the Scottish Ministers,

(c) does not authorise entry by force.

(3) A person who proposes to exercise the power conferred by subsection (1) must, if so requested, produce evidence of the person’s identity and authorisation to carry out the inspection (including, where applicable, the permission of the Scottish Ministers) before exercising the power.

(4) A person carrying out an inspection may take onto the premises such other persons as the person carrying out the inspection considers necessary.

Commencement Information

I54 S. 52 not in force at Royal Assent, see s. 66(2)

53 Duty to provide assistance S

(1) The managers of a relevant educational establishment must, in connection with the inspection of that establishment—

(a) make available, and allow the taking of copies of, any documents kept by the establishment which the persons carrying out the inspection consider relevant to the inspection of the establishment,

(b) take all reasonable steps to secure such access as the persons carrying out the inspection require to any place where, by arrangement with the establishment, education is provided to those in attendance at the establishment,

(c) otherwise provide the persons carrying out the inspection with such assistance and co-operation as they reasonably require for the purposes of, or in connection with, the inspection of the establishment.

(2) For the purpose of subsection (1), “managers”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.

Commencement Information

I55 S. 53 not in force at Royal Assent, see s. 66(2)

54 Offences S

(1) A person commits an offence if the person fails, without reasonable excuse, to comply with the duty imposed by section 53.

(2) A person commits an offence if the person intentionally obstructs an Inspector or other person in the carrying out of an inspection of a relevant educational establishment under this Part.

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Commencement Information

I56 S. 54 not in force at Royal Assent, see s. 66(2)

Enforcement following school-related inspections S

55 Necessary improvements: referral to Scottish Ministers S

(1) This section applies where, after an inspection carried out in pursuance of section 38(2) of a public school, a grant-aided school or an education authority, the report on the inspection prepared under section 46 identifies that a relevant person requires to take action to secure improvement in—

(a) in the case of inspection of a school, a matter relating to the school or the school education provided in it,

(b) in the case of inspection of an education authority, the way the education authority exercises a function in relation to the provision of school education.

(2) The Chief Inspector must make a referral to the Scottish Ministers where it appears to the Chief Inspector that—

(a) having been given sufficient opportunity to secure improvement in the matter or exercise of the function in question, the relevant person is failing or has failed to take satisfactory action to do so, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(3) A referral under subsection (2) must—

(a) be in writing,

(b) specify the failure mentioned in subsection (2)(a), and

(c) include recommendations as to the action which, in the opinion of the Chief Inspector, the relevant person requires to take to remedy, or prevent the recurrence of, the failure.

(4) Where a referral is made under subsection (2), the Chief Inspector must inform the relevant person of that fact.

(5) For the purposes of this section and sections 56 and 57—

(a) “relevant person” means—

(i) in relation to the inspection of a public school or an education authority, the education authority,

(ii) in relation to the inspection of a grant-aided school, the managers of the school,

(b) any expression used in this section and in the Education (Scotland) Act 1980 has the same meaning as in that Act.

Commencement Information

I57 S. 55 not in force at Royal Assent, see s. 66(2)

56 Preliminary notice of enforcement action S

(1) The Scottish Ministers may give a preliminary notice to a relevant person where, on a referral under section 55, it appears to the Scottish Ministers that—

(a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(2) A preliminary notice is a notice which—

(a) informs the relevant person of the failure mentioned in subsection (1)(a), and

(b) requires the relevant person to submit to the Scottish Ministers, within such period as is specified in the notice, a written response which—

(i) states that the person has not so failed and gives reasons supporting that statement, or

(ii) states that the person has so failed but gives reasons (if there are any such reasons) why an enforcement direction should not be given to the person.

Commencement Information

I58 S. 56 not in force at Royal Assent, see s. 66(2)

57 Enforcement direction S

(1) The Scottish Ministers may give a relevant person an enforcement direction where, following service under section 56(1) of a preliminary notice, it appears to the Scottish Ministers that—

(a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(2) The Scottish Ministers may give an enforcement direction under subsection (1) only after whichever is the earlier of—

(a) receipt of the written response mentioned in section 56(2)(b),

(b) the expiry of the period specified in the preliminary notice.

(3) An enforcement direction is a direction in writing by the Scottish Ministers—

(a) requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in subsection (1)(a)), and

(b) with which the recipient must comply.

(4) An enforcement direction may—

(a) specify different periods for the taking of different actions,

(b) specify conditions which are to apply to the exercise of such functions of the relevant person as the direction specifies in relation to—

(i) where the referral arose from an inspection of a school, the school and the school education provided in it, or

(ii) where the referral arose from an inspection of an education authority, the provision of school education.

(5) The Scottish Ministers may—

(a) vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under section 56),

(b) revoke an enforcement direction.

(6) Before giving, varying or revoking an enforcement direction, the Scottish Ministers must consult the Chief Inspector.

(7) If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction, they must—

(a) prepare a report on their exercise of the power, and

(b) lay the report before the Scottish Parliament.

(8) The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the relevant person as they think appropriate.

Commencement Information

I59 S. 57 not in force at Royal Assent, see s. 66(2)

Supporting provisions S

58 Publication of documents S

In publishing a document under this Part, the Chief Inspector must have regard to the importance of communicating in an inclusive way that best meets the needs of—

(a) children and young people,

(b) persons with educational support needs,

(c) users of British Sign Language,

(d) users of the Gaelic language,

(e) users of the Scots language,

(f) others affected by the exercise of the Chief Inspector’s functions.

Commencement Information

I60 S. 58 not in force at Royal Assent, see s. 66(2)

Part 3 S General and miscellaneous

59 Transfer of staff, property etc. to Qualifications Scotland S

Schedule 3 makes provision about the transfer of the staff and property of the Scottish Qualifications Authority to Qualifications Scotland.

Commencement Information

I61 S. 59 not in force at Royal Assent, see s. 66(2)

I62 S. 59 in force at 1.12.2025 for specified purposes by S.S.I. 2025/351, reg. 2, sch.

Prospective

60 Dissolution of the Scottish Qualifications Authority S

The Scottish Qualifications Authority is dissolved.

Commencement Information

I63 S. 60 not in force at Royal Assent, see s. 66(2)

Prospective

61 Transitional provisions S

(1) Any relevant thing done by or in relation to the Scottish Qualifications Authority before the dissolution date, so far as is required for continuing its effect on and after that date, has effect as if done by or in relation to Qualifications Scotland.

(2) Any relevant thing which, immediately before the dissolution date, is in the process of being done by or in relation to the Scottish Qualifications Authority may continue to be done by or in relation to Qualifications Scotland on and after that date.

(3) The Scottish Qualifications Authority must provide Qualifications Scotland with any information that Qualifications Scotland reasonably requires for the exercise of its functions.

(4) This section does not apply to things done by or in relation to the Scottish Qualifications Authority which relate to its functions exercisable otherwise than in or as regards Scotland.

(5) In this section—

• “dissolution date” means the day on which section 60 comes into force,

• “relevant thing” means anything which, if it were to be done on or after the dissolution date, would be done by or in relation to Qualifications Scotland.

Commencement Information

I64 S. 61 not in force at Royal Assent, see s. 66(2)

62 Consequential modifications S

Schedule 4 makes modifications of other enactments in consequence of this Act.

Commencement Information

I65 S. 62 not in force at Royal Assent, see s. 66(2)

I66 S. 62 in force at 1.12.2025 for specified purposes by S.S.I. 2025/351, reg. 2, sch.

63 Interpretation S

(1) In this Act—

• “Accreditation Committee” means the committee established under paragraph 13 of schedule 1,

• “additional support needs” is to be construed in accordance with section 1 of the Education (Additional Support for Learning) (Scotland) Act 2004,

• “Advisory Council” means the council established by the Chief Inspector in accordance with section 44,

• “British Sign Language” is to be construed in accordance with section 5(1) of the British Sign Language (Scotland) Act 2015,

• “British Sign Language learner education” means the teaching of British Sign Language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

• “British Sign Language medium education” means teaching and learning by means of British Sign Language,

• “Chief Inspector” means His Majesty’s Chief Inspector of Education in Scotland,

• “college teaching staff” means persons employed as teaching staff by colleges of further education, within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,

• “Deputy Chief Inspector” means the Deputy Chief Inspector of Education in Scotland appointed under section 34,

• “education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,

• “educational support needs” means—

  (a)

  in relation to a child or a young person within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004, additional support needs,

  (b)

  in relation to any other person, support needs within the meaning of section 8 of the Further and Higher Education (Scotland) Act 2005,

• “equal opportunities” and “equal opportunities requirements” have the same meaning as in Section L2 (equal opportunities) of Part II of schedule 5 of the Scotland Act 1998,

• “Gaelic language” means Gaelic language as used in Scotland,

• “Gaelic learner education” means the teaching of the Gaelic language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

• “Gaelic medium education” means teaching and learning by means of the Gaelic language,

• “Inspectors” means His Majesty’s Inspectors of Education in Scotland appointed under section 35,

• “Learner Interest Committee” means the committee established in accordance with paragraph 11 of schedule 1,

• “Qualifications Scotland qualification” means a qualification devised or awarded by Qualifications Scotland,

• “registered teacher” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,

• “relevant educational establishment” has the meaning given by section 39,

• “Scots language” means the Scots language as used in Scotland,

• “Strategic Advisory Council” means the council established in connection with Qualifications Scotland by virtue of section 9,

• “Teacher and Practitioner Interest Committee” means the committee established in accordance with paragraph 12 of schedule 1.

(2) A reference (however expressed) to undertaking a qualification is a reference to undertaking education or training with the intention of obtaining a qualification.

Commencement Information

I67 S. 63 in force at 7.8.2025, see s. 66(1)

64 Regulation-making powers S

(1) Any power of the Scottish Ministers to make regulations under this Act includes the power to make—

(a) different provision for different purposes,

(b) incidental, supplementary, consequential, transitional, transitory or saving provision.

(2) Regulations under any of the following provisions are subject to the affirmative procedure—

(a) section 37(2),

(b) section 38(4),

(c) section 39(6),

(d) section 45(8),

(e) section 48(7).

(3) Regulations under any of the following provisions are subject to the negative procedure—

(a) section 7(3)(a) or (b)(i),

(b) section 9(1),

(c) paragraph 2(2) of schedule 1,

(d) paragraph 14(6) of schedule 1,

(e) paragraph 5(2) of schedule 3.

(4) Regulations under section 65—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,

(b) otherwise, are subject to the negative procedure.

(5) This section does not apply to regulations under section 66.

Commencement Information

I68 S. 64 in force at 7.8.2025, see s. 66(1)

65 Ancillary provision S

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under this section may modify any enactment (including this Act).

Commencement Information

I69 S. 65 in force at 7.8.2025, see s. 66(1)

66 Commencement S

(1) Sections 63 to 65, this section and section 67 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations bringing the following provisions into force may be made only once the Scottish Qualifications Authority has no functions exercisable otherwise than in or as regards Scotland—

(a) section 60 (dissolution of the Scottish Qualifications Authority),

(b) paragraph 11 of schedule 4 (repeal of Part 1 and associated schedules of the Education (Scotland) Act 1996).

(4) Regulations under this section may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

Commencement Information

I70 S. 66 in force at 7.8.2025, see s. 66(1)

67 Short title S

The short title of this Act is the Education (Scotland) Act 2025.

Commencement Information

I71 S. 67 in force at 7.8.2025, see s. 66(1)