Explanatory Notes

Education (Scotland) Act 2025

2025 asp 11

6 August 2025

Overview of the Act

Part 1: Qualifications Scotland

Funding and powers

Section 27 – Financial assistance

58.This section enables the Scottish Ministers to give financial support, of various kinds, to Qualifications Scotland. Conditions may be attached if desired, including the requirement for interest to be paid.

Section 28 – Funding and use of resources

59.This section sets out the powers Qualifications Scotland has in respect of its funding and resources and the limitations on these powers.

60.In particular, Qualifications Scotland can charge for providing a service, though this is subject to the satisfaction of any criteria set by the Scottish Ministers. In addition, the Scottish Ministers may set an upper limit in terms of the value of a contract, beyond which Ministerial authorisation is required to enter into a contract.

Section 29 – General powers

61.This section provides that Qualifications Scotland may do anything necessary or expedient for, or otherwise conducive to, the performance of its functions. This will in practical terms be subject to any constraints found elsewhere in legislation (for example, section 28(2) of the Act sets some limits upon the powers which Qualifications Scotland has).