Explanatory Notes

Education (Scotland) Act 2025

2025 asp 11

6 August 2025

Overview of the Act

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

Advisory Council

Section 44 – Advisory Council

98.This section requires the Chief Inspector to establish and maintain an Advisory Council, the function of which will be to advise the Chief Inspector in relation to the exercise of the Chief Inspector’s functions (either on its own initiative or at the request of the Chief Inspector).

99.The Chief Inspector is to appoint members having regard to the need to ensure that the Advisory Council is representative of the interests of persons likely to be affected by the Chief Inspector’s functions. Those likely to be so affected include the groups named in subsection (2): those receiving education at relevant educational establishments; parents and carers of such persons; persons providing teaching or training at such places; and the Chief Inspector’s staff.

100.Under subsection (4), the Chief Inspector must have regard to any advice provided by the Advisory Council, and, in any cases where the Chief Inspector decides not to follow that advice, provide the Advisory Council with an explanation of the action (if any) to be taken and the reasons for that.