Explanatory Notes

Education (Scotland) Act 2025

2025 asp 11

6 August 2025

Overview of the Act

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

Part 1: Status.

Status

200.Paragraph 1 confirms the separate juristic personality of the Chief Inspector. This means that the office has legal personality, distinct from the individual holding the office of Chief Inspector from time to time. The result of this is that, for example, contracts signed by the office-holder are not personal to them but, rather, attach to the office. As such, if the Chief Inspector steps down and is replaced the contracts continue on in the same way as they would in a case where the contracts were with a company and the directors changed.

Independence

201.Paragraph 2 confirms the independence of the Chief Inspector, subject only to any provision made in legislation (such as section 38(2)(b)).