135.This section introduces schedule 3, which makes further provision about the transfer of staff and property from the Scottish Qualifications Authority to Qualifications Scotland. See paragraphs 210 to 226 of these Notes for commentary on schedule 3.
136.Section 60 dissolves the Scottish Qualifications Authority.
137.Subsections (1) and (2) of this section provide that any relevant thing (defined in subsection (5)) done by or in relation to the Scottish Qualifications Authority, or in the process of being done, before its dissolution is to be treated after the dissolution date as being done by, in relation to, or in the process of being done to or by, Qualifications Scotland.
138.Subsection (3) requires the Scottish Qualifications Authority to provide Qualifications Scotland with any information it may reasonably require for the exercise of its functions.
139.Subsection (4) confirms that this section does not apply to things done by or in relation to the Scottish Qualifications Authority which relate to its functions that are exercisable otherwise than in or as regards Scotland.
140.Subsection (5) sets out the defined terms for this section.
141.This section introduces schedule 4 of the Act, which contains modifications of certain enactments in relation to both Part 1 and Part 2 of the Act. See paragraphs 227 to 265 of these Notes for commentary on those modifications.
142.Subsection (1) of this section sets out the meanings of key terms used in the Act.
143.Subsection (2) sets out what is meant by undertaking a qualification. This includes taking education or training with a view to obtaining the qualification, and would therefore include (for example) a student who takes a class but does not end up completing the assessments as well as including those for whom the assessments have not yet occurred.
144.This section makes further provision about the powers the Scottish Ministers are given under this Act to make regulations. It provides that a power to make regulations includes the power to make different rules for different purposes or make incidental, supplementary, consequential, transitional, transitory or saving provision when doing so.
145.It also sets out the parliamentary procedure to which each regulation-making power is subject (i.e. affirmative or negative – see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
146.However, the section does not apply to commencement regulations. Provision is made in relation to them in section 66 instead (see paragraphs 149 and 150 of these Notes).
147.This section provides the Scottish Ministers with the power to make any ancillary provision which they consider appropriate for the purposes of, in connection with, or for giving full effect to the Act or any provision made under it. Regulations made under this section may modify any legislation (including the Act itself).
148.This power is exercisable by regulations. Where the regulations amend primary legislation, they are subject to the affirmative procedure. Otherwise, they are subject to the negative procedure.
149.This section sets out when the provisions of the Act will come into force (i.e. begin to have effect). Some of the final sections of the Act, including this section, will come into force automatically on the day after Royal Assent is granted. However, for the most part, commencement will take place on the date or dates specified by the Scottish Ministers in regulations. These regulations will be laid before the Scottish Parliament but will not otherwise be subject to any parliamentary procedure (see section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010). Subsection (3) provides that any regulations bringing section 60 and paragraph 11 of schedule 4 into force can only be made once the Scottish Qualifications Authority has no remaining functions that are exercisable otherwise than in or as regards Scotland.
150.In addition, this section provides that commencement regulations may include transitional, transitory or saving provision and may make different provision for different purposes. In particular, this allows different sections of the Act to be commenced on different days.
151.This section provides for the short title of the Act to be the Education (Scotland) Act 2025.