Education (Scotland) Act 2025

Charters

11 The learner charter

(1) Qualifications Scotland must—

(a) prepare a learner charter in collaboration with—

(i) the Learner Interest Committee, and

(ii) such invited persons as wish to participate,

(b) publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force.

(2) The learner charter—

(a) must set out what children, young people and adults undertaking a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,

(b) may include such other information as Qualifications Scotland considers appropriate.

(3) In preparing the learner charter, Qualifications Scotland must have regard to the desirability of the charter seeking to secure better or further effect of the rights of children.

(4) The persons invited by Qualifications Scotland to participate in the preparation of the learner charter must include—

(a) children and young people undertaking a Qualifications Scotland qualification,

(b) other persons undertaking a Qualifications Scotland qualification,

(c) parents and carers of the persons mentioned in paragraph (a),

(d) other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b),

(e) persons undertaking a Qualifications Scotland qualification who use British Sign Language,

(f) persons undertaking a Qualifications Scotland qualification who have educational support needs,

(g) persons undertaking a Qualifications Scotland qualification who have experience of being in the care system as children or young people,

(h) persons from socio-economically disadvantaged backgrounds.

(5) In inviting persons to participate in the preparation of the learner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(6) Qualifications Scotland must, prior to finalisation of the learner charter—

(a) give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and

(b) have regard to the comments (if any) received from the council and Ministers in response.

(7) For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.

12 The teacher and practitioner charter

(1) Qualifications Scotland must—

(a) prepare a teacher and practitioner charter in collaboration with—

(i) the Teacher and Practitioner Interest Committee, and

(ii) such invited persons as wish to participate,

(b) publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force.

(2) The teacher and practitioner charter—

(a) must set out what persons providing teaching or training in respect of a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,

(b) may include such other information as Qualifications Scotland considers appropriate.

(3) The persons invited by Qualifications Scotland to participate in the preparation of the teacher and practitioner charter must include—

(a) persons providing teaching or training in respect of a Qualifications Scotland qualification,

(b) persons training to be a teacher,

(c) persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b).

(4) In inviting persons to participate in the preparation of the teacher and practitioner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(5) Qualifications Scotland must, prior to finalisation of the teacher and practitioner charter—

(a) give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and

(b) have regard to the comments (if any) received from the council and Ministers in response.

(6) For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.

13 Reviewing and revising the charters

(1) Qualifications Scotland must review—

(a) the learner charter, and

(b) the teacher and practitioner charter,

in accordance with this section.

(2) Each charter must be reviewed—

(a) within 5 years of its publication under section 11(1) or (as the case may be) 12(1), and

(b) thereafter, within 5 years of the charter last being reviewed.

(3) Following the review of a charter, Qualifications Scotland may revise the charter as it considers appropriate.

(4) Section 11(1)(a) and (4) to (6) or (as the case may be) section 12(1)(a) and (3) to (5) applies to the revision of a charter as it applies to its preparation.

(5) As soon as reasonably practicable after revising a charter, Qualifications Scotland must publish the charter as revised.

14 Other charters

Qualifications Scotland must, from time to time, consider whether to prepare and publish charters setting out what persons using its services (other than those mentioned in sections 11(2)(a) and 12(2)(a)) should expect from it in the exercise of its functions.