Education (Scotland) Act 2025

Part 3 General and miscellaneous

59 Transfer of staff, property etc. to Qualifications Scotland

Schedule 3 makes provision about the transfer of the staff and property of the Scottish Qualifications Authority to Qualifications Scotland.

60 Dissolution of the Scottish Qualifications Authority

The Scottish Qualifications Authority is dissolved.

61 Transitional provisions

(1) Any relevant thing done by or in relation to the Scottish Qualifications Authority before the dissolution date, so far as is required for continuing its effect on and after that date, has effect as if done by or in relation to Qualifications Scotland.

(2) Any relevant thing which, immediately before the dissolution date, is in the process of being done by or in relation to the Scottish Qualifications Authority may continue to be done by or in relation to Qualifications Scotland on and after that date.

(3) The Scottish Qualifications Authority must provide Qualifications Scotland with any information that Qualifications Scotland reasonably requires for the exercise of its functions.

(4) This section does not apply to things done by or in relation to the Scottish Qualifications Authority which relate to its functions exercisable otherwise than in or as regards Scotland.

(5) In this section—

• “dissolution date” means the day on which section 60 comes into force,

• “relevant thing” means anything which, if it were to be done on or after the dissolution date, would be done by or in relation to Qualifications Scotland.

62 Consequential modifications

Schedule 4 makes modifications of other enactments in consequence of this Act.

63 Interpretation

(1) In this Act—

• “Accreditation Committee” means the committee established under paragraph 13 of schedule 1,

• “additional support needs” is to be construed in accordance with section 1 of the Education (Additional Support for Learning) (Scotland) Act 2004,

• “Advisory Council” means the council established by the Chief Inspector in accordance with section 44,

• “British Sign Language” is to be construed in accordance with section 5(1) of the British Sign Language (Scotland) Act 2015,

• “British Sign Language learner education” means the teaching of British Sign Language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

• “British Sign Language medium education” means teaching and learning by means of British Sign Language,

• “Chief Inspector” means His Majesty’s Chief Inspector of Education in Scotland,

• “college teaching staff” means persons employed as teaching staff by colleges of further education, within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,

• “Deputy Chief Inspector” means the Deputy Chief Inspector of Education in Scotland appointed under section 34,

• “education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,

• “educational support needs” means—

  (a)

  in relation to a child or a young person within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004, additional support needs,

  (b)

  in relation to any other person, support needs within the meaning of section 8 of the Further and Higher Education (Scotland) Act 2005,

• “equal opportunities” and “equal opportunities requirements” have the same meaning as in Section L2 (equal opportunities) of Part II of schedule 5 of the Scotland Act 1998,

• “Gaelic language” means Gaelic language as used in Scotland,

• “Gaelic learner education” means the teaching of the Gaelic language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

• “Gaelic medium education” means teaching and learning by means of the Gaelic language,

• “Inspectors” means His Majesty’s Inspectors of Education in Scotland appointed under section 35,

• “Learner Interest Committee” means the committee established in accordance with paragraph 11 of schedule 1,

• “Qualifications Scotland qualification” means a qualification devised or awarded by Qualifications Scotland,

• “registered teacher” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,

• “relevant educational establishment” has the meaning given by section 39,

• “Scots language” means the Scots language as used in Scotland,

• “Strategic Advisory Council” means the council established in connection with Qualifications Scotland by virtue of section 9,

• “Teacher and Practitioner Interest Committee” means the committee established in accordance with paragraph 12 of schedule 1.

(2) A reference (however expressed) to undertaking a qualification is a reference to undertaking education or training with the intention of obtaining a qualification.

64 Regulation-making powers

(1) Any power of the Scottish Ministers to make regulations under this Act includes the power to make—

(a) different provision for different purposes,

(b) incidental, supplementary, consequential, transitional, transitory or saving provision.

(2) Regulations under any of the following provisions are subject to the affirmative procedure—

(a) section 37(2),

(b) section 38(4),

(c) section 39(6),

(d) section 45(8),

(e) section 48(7).

(3) Regulations under any of the following provisions are subject to the negative procedure—

(a) section 7(3)(a) or (b)(i),

(b) section 9(1),

(c) paragraph 2(2) of schedule 1,

(d) paragraph 14(6) of schedule 1,

(e) paragraph 5(2) of schedule 3.

(4) Regulations under section 65—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,

(b) otherwise, are subject to the negative procedure.

(5) This section does not apply to regulations under section 66.

65 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under this section may modify any enactment (including this Act).

66 Commencement

(1) Sections 63 to 65, this section and section 67 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations bringing the following provisions into force may be made only once the Scottish Qualifications Authority has no functions exercisable otherwise than in or as regards Scotland—

(a) section 60 (dissolution of the Scottish Qualifications Authority),

(b) paragraph 11 of schedule 4 (repeal of Part 1 and associated schedules of the Education (Scotland) Act 1996).

(4) Regulations under this section may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

67 Short title

The short title of this Act is the Education (Scotland) Act 2025.