- Latest available (Revised)
- Original (As enacted)
Education (Scotland) Act 2025
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Education (Scotland) Act 2025, Schedule 2.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
Schedule 2SThe Office of His Majesty’s Chief Inspector of Education in Scotland
(introduced by section 33(2))
This schedule has no associated Explanatory Notes
Part 1SStatus
StatusS
1The Chief Inspector is, as Chief Inspector, to be regarded as a juristic person distinct from the individual for the time being holding the office.
Commencement Information
I1Sch. 2 para. 1 not in force at Royal Assent, see s. 66(2)
IndependenceS
2(1)In performing the Chief Inspector’s functions, the Chief Inspector is not subject to the direction or control of any member of the Scottish Government.
(2)Sub-paragraph (1) is subject to any contrary provision in this or any other enactment.
Commencement Information
I2Sch. 2 para. 2 not in force at Royal Assent, see s. 66(2)
Part 2SAppointment and terms
AppointmentS
3(1)The office of Chief Inspector is to be held by an individual appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.
(2)The Scottish Ministers may recommend the appointment of an individual as the Chief Inspector only where they consider that the individual has—
(a)suitable teaching experience, and
(b)relevant experience of acting in a leadership role in an educational establishment.
Commencement Information
I3Sch. 2 para. 3 not in force at Royal Assent, see s. 66(2)
Period and conditions of officeS
4(1)The Chief Inspector holds and vacates office at His Majesty’s pleasure.
(2)The Scottish Ministers may determine the other terms and conditions on which the Chief Inspector is appointed.
Commencement Information
I4Sch. 2 para. 4 not in force at Royal Assent, see s. 66(2)
Part 3SStaff
StaffS
5(1)The Chief Inspector may appoint staff.
(2)Those staff are appointed on such terms and conditions as the Chief Inspector, with the approval of the Scottish Ministers, determines.
Commencement Information
I5Sch. 2 para. 5 not in force at Royal Assent, see s. 66(2)
Part 4SProcedure
Authority to perform functionsS
6(1)The Chief Inspector may authorise an Inspector to perform such of the Chief Inspector’s functions (and to such extent) as the Chief Inspector may determine.
(2)Sub-paragraph (1) is without prejudice to the ability of the Deputy Chief Inspector to perform the Chief Inspector’s functions when deputising for the Chief Inspector under section 34.
(3)The giving of authority under this paragraph to perform a function does not—
(a)affect the Chief Inspector’s responsibility for the performance of the function, or
(b)prevent the Chief Inspector from performing the function.
Commencement Information
I6Sch. 2 para. 6 not in force at Royal Assent, see s. 66(2)
7(1)The Scottish Ministers may assign to an Inspector the function of deputising for the Chief Inspector during any period when both—
(a)there is no Chief Inspector, or the Chief Inspector is unable to act, and
(b)there is no Deputy Chief Inspector, or the Deputy Chief Inspector is unable to act.
(2)An Inspector to whom such a function is assigned—
(a)is assigned the function for such period as the Scottish Ministers specify in the assignment,
(b)may resign the assignment by informing the Scottish Ministers in writing to that effect,
(c)is assigned it, and ceases to be assigned it, in accordance with such terms and conditions as the Scottish Ministers determine.
Commencement Information
I7Sch. 2 para. 7 not in force at Royal Assent, see s. 66(2)
Validity of things doneS
8The validity of anything done by the Chief Inspector is not affected by a defect in a person’s appointment as Chief Inspector.
Commencement Information
I8Sch. 2 para. 8 not in force at Royal Assent, see s. 66(2)
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.