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Education (Scotland) Act 2025

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Education (Scotland) Act 2025. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Note on Interpretation Etc.

  3. Crown Application

  4. Overview of the Act

    1. Part 1: Qualifications Scotland

      1. Establishment

        1. Section 1 – Qualifications Scotland

      2. Functions

        1. Section 2 – The function of awarding qualifications

        2. Section 3 – The quality assurance function

        3. Section 4 – The accreditation function

        4. Section 5 – The advisory function

        5. Section 6 – Working with, or recognition of, others

        6. Section 7 – Duties when exercising functions

        7. Section 8 – Consultation with Strategic Advisory Council

      3. Strategic Advisory Council

        1. Section 9 – Strategic Advisory Council

      4. Expert Group on Qualifications Standards

        1. Section 10 - Expert Group on Qualifications Standards

      5. Charters

        1. Section 11 – The learner charter

        2. Section 12 – The teacher and practitioner charter

        3. Section 13 – Reviewing and revising the charters

        4. Section 14 – Other charters

      6. Guidance

        1. Section 15 - Guidance about assistance for people with educational support needs

      7. Accountability of Qualifications Scotland

        1. Section 16 – Corporate plan of Qualifications Scotland

        2. Section 17 – Annual report of Qualifications Scotland

        3. Section 18 – Annual quality assurance compliance report of Qualifications Scotland

        4. Section 19 – Reports of advice to Qualifications Scotland from certain committees

        5. Section 20 – Accounts and audit of Qualifications Scotland

        6. Section 21 – Scottish Ministers’ power to direct Qualifications Scotland

        7. Section 22 – Guidance by the Scottish Ministers to Qualifications Scotland

        8. Section 23 – Provision of information by Qualifications Scotland

      8. Accountability of the Accreditation Committee

        1. Section 24 – Corporate plan of the Accreditation Committee

        2. Section 25 – Annual report of the Accreditation Committee

        3. Section 26 – Scottish Ministers’ power to direct the Accreditation Committee

      9. Funding and powers

        1. Section 27 – Financial assistance

        2. Section 28 – Funding and use of resources

        3. Section 29 – General powers

      10. Supporting provisions

        1. Section 30 – Publication of documents

      11. Reviews

        1. Section 31 – Review of arrangements for assuring quality of qualifications

        2. Section 32 - Review of accreditation function

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

      1. Establishment

        1. Section 33 – His Majesty’s Chief Inspector of Education in Scotland

        2. Section 34 – Deputy Chief Inspector of Education in Scotland

        3. Section 35 – His Majesty’s Inspectors of Education in Scotland

        4. Section 36 – Assistance with inspections

      2. Functions

        1. Section 37 – Purpose of inspection

        2. Section 38 – The inspection function

        3. Section 39 – Meaning of “relevant educational establishment” and “excepted establishment”

        4. Section 40 – The voluntary arrangements function

        5. Section 41 – The advisory function

        6. Section 42 – Working with others

        7. Section 43 – Duties when exercising functions

      3. Advisory Council

        1. Section 44 – Advisory Council

      4. Accountability

        1. Section 45 – Inspection plan

        2. Section 46 – Reports on inspections

        3. Section 47 – Annual report

        4. Section 48 – Report on performance of the Scottish education system

        5. Section 49 – Other reports

        6. Section 50 – Protection from actions of defamation

      5. Powers

        1. Section 51 – General powers

      6. Cooperation with inspections

        1. Section 52 – Powers of entry and inspection

        2. Section 53 – Duty to provide assistance

        3. Section 54 – Offences

      7. Enforcement following school-related inspections

        1. Section 55 – Necessary improvements: referral to Scottish Ministers

        2. Section 56 – Preliminary notice of enforcement action

        3. Section 57 – Enforcement direction

      8. Supporting provisions

        1. Section 58 – Publication of documents

    3. Part 3: General and Miscellaneous

      1. Section 59 – Transfer of staff, property etc. to Qualifications Scotland

      2. Section 60 – Dissolution of the Scottish Qualifications Authority

      3. Section 61 – Transitional provisions

      4. Section 62 – Consequential modifications

      5. Section 63 – Interpretation

      6. Section 64 – Regulation-making powers

      7. Section 65 – Ancillary provision

      8. Section 66 – Commencement

      9. Section 67 – Short title

    4. Schedule 1 – Qualifications Scotland

      1. Status

        1. Exclusion of Crown status

      2. Membership

        1. Number and appointment of members

      3. Appointment as a member: criteria

      4. Period and conditions of membership

      5. Early termination of membership

      6. Members’ remuneration and allowances

      7. Co-opted members

      8. Staff

        1. Chief executive, chief examiner, chief accreditation officer and other staff

      9. Staff pensions

      10. Procedure: Committees

        1. Committees

      11. The Learner Interest Committee

      12. The Teacher and Practitioner Interest Committee

      13. The Accreditation Committee

      14. Procedure: Administration of Qualifications Scotland and its Committees

        1. Regulation of procedure

      15. Authority to perform functions

      16. Member consultation requirement

      17. Validity of things done

    5. Schedule 2 – the Office of His Majesty’s Chief Inspector of Education in Scotland

      1. Part 1: Status

        1. Status

        2. Independence

      2. Part 2: Appointment and terms

        1. Appointment

        2. Period and conditions of office

      3. Part 3: Staff

        1. Staff

      4. Part 4: Procedure

        1. Authority to perform functions

        2. Validity of things done

    6. Schedule 3 – Transfer of Staff, Property Etc. to Qualifications Scotland

      1. Transfer of staff

      2. Transfer of property

      3. Duty to secure vesting of foreign property

      4. Appointment of initial members

    7. Schedule 4 – Consequential Modifications

      1. Part 1: Qualifications Scotland

        1. Chapter 1: Application of legislation relating to public bodies

          1. Ethical Standards in Public Life etc. (Scotland) Act 2000

          2. Scottish Public Services Ombudsman Act 2002

          3. Freedom of Information (Scotland) Act 2002

          4. Public Appointments and Public Bodies etc. (Scotland) Act 2003

          5. Public Services Reform (Scotland) Act 2010

          6. Public Records (Scotland) Act 2011

          7. Procurement Reform (Scotland) Act 2014

          8. Gender Representation on Public Boards (Scotland) Act 2018

          9. Islands (Scotland) Act 2018

        2. Chapter 2: Other modifications

          1. Further and Higher Education (Scotland) Act 1992

          2. Education (Scotland) Act 1996

          3. Scottish Qualifications Authority Act 2002

          4. Further and Higher Education (Scotland) Act 2005

          5. Children and Young People (Scotland) Act 2014

          6. Coronavirus (Recovery and Reform) (Scotland) Act 2022

      2. Part 2: The Office of His Majesty’s Chief Inspector of Education in Scotland

        1. Chapter 1: Application of legislation relating to office-holders

          1. Freedom of Information (Scotland) Act 2002

          2. Protection of Vulnerable Groups (Scotland) Act 2007

          3. Public Services Reform (Scotland) Act 2010

          4. Public Records (Scotland) Act 2011

          5. Procurement Reform (Scotland) Act 2014

        2. Chapter 2: Other modifications

          1. Education (Scotland) Act 1980

          2. Standards in Scotland’s Schools etc. Act 2000

          3. Scottish Schools (Parental Involvement) Act 2006

          4. Schools (Consultation) (Scotland) Act 2010

          5. Public Services Reform (Scotland) Act 2010

          6. Education (Scotland) Act 2016

          7. Schools General (Scotland) Regulations 1975

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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