Education (Scotland) Act 2025

Schedule 1 Qualifications Scotland

(introduced by section 1(3))

Part 1 Status

Exclusion of Crown status

1 (1) Qualifications Scotland—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) Qualifications Scotland’s members and staff are not to be regarded as civil servants.

Part 2 Membership

Number and appointment of members

2 (1) Qualifications Scotland is to consist of—

(a) a member appointed by the Scottish Ministers to chair Qualifications Scotland (“the chairing member”),

(b) a member appointed by the Scottish Ministers to be the convener of the Accreditation Committee,

(c) the chief executive appointed under paragraph 8(1)(a),

(d) at least 8 but no more than 12 other members appointed by the Scottish Ministers, and

(e) any co-opted members appointed by Qualifications Scotland under paragraph 7.

(2) The Scottish Ministers may by regulations amend sub-paragraph (1)(d) by substituting a different number for any number for the time being specified there.

(3) Before making regulations under sub-paragraph (2), the Scottish Ministers must consult Qualifications Scotland.

Appointment as a member: criteria

3 (1) The Scottish Ministers may appoint a person as a member of Qualifications Scotland only if they consider that the person has skills, knowledge and expertise relevant to the functions of Qualifications Scotland.

(2) The members of Qualifications Scotland must include—

(a) one or more persons who appear to the Scottish Ministers to have knowledge of the interests of persons undertaking a relevant qualification,

(b) 5 or more persons who are (subject to sub-paragraph (3))—

(i) registered teachers providing relevant teaching or training in schools, or

(ii) college teaching staff providing relevant teaching or training,

(c) one or more persons who appear to the Scottish Ministers to have knowledge of the interests of the staff of Qualifications Scotland,

(d) one or more persons who appear to the Scottish Ministers to have knowledge of the skills relevant to business and industry.

(3) In appointing persons to satisfy sub-paragraph (2)(b), the Scottish Ministers must ensure that—

(a) the total number of persons appointed to satisfy that sub-paragraph amounts to more than one third of the total number of members of Qualifications Scotland, and

(b) any difference between the number of persons appointed to satisfy sub-paragraphs (i) and (ii) is no more than one.

(4) If a member appointed to satisfy sub-paragraph (2)(b)(i) or (ii) ceases to be a person mentioned in that sub-paragraph—

(a) the member is, for the duration of the member’s period of appointment, to be treated for the purposes of this paragraph as if the member continued to be a person mentioned in that sub-paragraph,

(b) the Scottish Ministers must have regard to the desirability of appointing as a member, as soon as reasonably practicable, a person who is mentioned in sub-paragraph (2)(b).

(5) Before inviting applications for appointment of a member whose appointment is intended to satisfy a paragraph of sub-paragraph (2), the Scottish Ministers must consult the following persons as to the knowledge and any other attributes that those seeking appointment in satisfaction of the relevant paragraph should possess—

(a) in the case of paragraph (a), such persons as the Scottish Ministers consider representative of persons undertaking a relevant qualification,

(b) in the case of paragraph (b)(i), such persons as the Scottish Ministers consider representative of the interests of registered teachers providing relevant teaching or training in schools,

(c) in the case of paragraph (b)(ii), such persons as the Scottish Ministers consider representative of the interests of college teaching staff providing relevant teaching or training,

(d) in the case of paragraph (c), such persons as the Scottish Ministers consider representative of the interests of staff of Qualifications Scotland,

(e) in the case of paragraph (d), such persons as the Scottish Ministers consider representative of the skills development sector.

(6) Before inviting applications for appointment of a member whose appointment is intended to satisfy sub-paragraph (2)(a), the Scottish Ministers must take such steps as they consider appropriate to encourage applications from those who are—

(a) 16 or 17 years of age, or

(b) young adults.

(7) A person may not be appointed as a member of Qualifications Scotland if—

(a) the person is—

(i) a member of the Scottish Parliament,

(ii) a member of the House of Commons,

(iii) a member of the House of Lords,

(b) the person is disqualified—

(i) as a company director under the Company Directors Disqualification Act 1986,

(ii) as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,

(iii) under a disqualification provision analogous to either of those mentioned in sub-paragraph (i) or (ii) anywhere in the world.

(8) Sub-paragraph (7)(b) does not apply to a person who is disqualified as mentioned in that sub-paragraph only by—

(a) section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),

(b) section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts etc. from being charity trustees), or

(c) a provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.

(9) The Scottish Ministers must, when appointing members of Qualifications Scotland, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(10) In this paragraph—

• “relevant qualification” means—

  (a)

  a Qualifications Scotland qualification, or

  (b)

  a qualification accredited by Qualifications Scotland,

• “relevant teaching or training” means teaching or training provided to a person in respect of a relevant qualification being undertaken by the person,

• “schools” is to be construed in accordance with section 135(1) of the Education (Scotland) Act 1980.

(11) For the purpose of this paragraph, it is immaterial that—

(a) anything done by way of consultation as mentioned in sub-paragraph (5) was done, or

(b) any steps mentioned in sub-paragraph (6) were taken,

before the Bill for this Act was passed or after that but before this paragraph comes into force.

Period and conditions of membership

4 (1) A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.

(2) The Scottish Ministers may reappoint as a member a person who is, or has been, a member of Qualifications Scotland.

(3) The Scottish Ministers may assign to one of the members—

(a) the function of deputising for the chairing member,

(b) the function of chairing Qualifications Scotland during any period when there is no chairing member.

(4) A member 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.

(5) The Scottish Ministers may, subject to any provision made by this Act, determine other terms and conditions of membership.

Early termination of membership

5 (1) A person’s appointment as a member of Qualifications Scotland ends if—

(a) the person resigns by giving written notice to the Scottish Ministers,

(b) during the person’s period of appointment, the person becomes ineligible to be appointed as a member under paragraph 3(7), or

(c) the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.

(2) The Scottish Ministers may remove a member of Qualifications Scotland by virtue of sub-paragraph (1)(c) only if—

(a) the member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),

(b) the member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months,

(c) the member—

(i) was appointed to satisfy paragraph 3(2)(b)(i) or (ii), and

(ii) has ceased to be a person mentioned in that paragraph, or

(d) the Scottish Ministers consider that the member is—

(i) unable to perform the functions of a member, or

(ii) unsuitable to continue as a member.

Members’ remuneration and allowances

6 Qualifications Scotland may pay each member such remuneration and allowances (including expenses), if any, as the Scottish Ministers determine.

Co-opted members

7 (1) Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.

(2) Qualifications Scotland may make an appointment under sub-paragraph (1) only—

(a) with the consent of the Scottish Ministers, and

(b) if Qualifications Scotland considers the appointment to be necessary to ensure that its members (taken as a whole) have the knowledge, skills and experience relevant to its functions.

(3) Qualifications Scotland may have no more than two co-opted members at any time.

(4) A co-opted member—

(a) may take part in proceedings of Qualifications Scotland to the extent that Qualifications Scotland determines, but

(b) may not vote in any such proceedings.

(5) A co-opted member—

(a) is appointed for such period not exceeding 2 years as Qualifications Scotland determines,

(b) may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.

(6) Sub-paragraph (2) applies to a re-appointment made under sub-paragraph (5)(b) as it applies to an appointment made under sub-paragraph (1).

(7) A person may not be appointed (or re-appointed) as a co-opted member if the person may not be appointed as a member under paragraph 3(7).

(8) A person’s appointment as a co-opted member ends if—

(a) the person resigns by giving written notice to Qualifications Scotland,

(b) during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under sub-paragraph (7), or

(c) Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.

(9) Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of sub-paragraph (8)(c) only if—

(a) the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),

(b) the co-opted member has been absent, without reasonable excuse, from meetings of Qualifications Scotland for a period of longer than 6 consecutive months, or

(c) Qualifications Scotland considers or, as the case may be, the Scottish Ministers consider that the co-opted member is—

(i) unable to perform the functions of a co-opted member, or

(ii) unsuitable to continue as a co-opted member.

(10) Other than as provided in this paragraph, a co-opted member of Qualifications Scotland is appointed on such terms and conditions (including as to remuneration and allowances) as Qualifications Scotland, with the consent of the Scottish Ministers, determines.

(11) A reference in paragraphs 3 to 6 to a member or the members of Qualifications Scotland does not include a reference to a co-opted member.

Part 3 Staff

Chief executive, chief examiner, chief accreditation officer and other staff

8 (1) Qualifications Scotland is to have as members of staff—

(a) a chief executive,

(b) a chief examiner,

(c) a chief accreditation officer.

(2) The chief examiner is to be appointed by Qualifications Scotland to undertake such role relating to Qualification Scotland’s functions under sections 2 and 3 as Qualifications Scotland determines, but that role must include responding to written advice provided to Qualifications Scotland by the Expert Group on Qualifications Standards under section 10.

(3) The chief accreditation officer—

(a) is to be appointed by Qualifications Scotland to undertake such role relating to Qualifications Scotland’s functions under section 4 as the Accreditation Committee determines,

(b) must, in the exercise of any functions relating to that role, act independently of the chief examiner (but this does not prevent the chief accreditation officer and the chief examiner from sharing information with each other).

(4) An individual may not simultaneously hold more than one role mentioned in sub-paragraph (1).

(5) Qualifications Scotland is to appoint each chief executive with the approval of the Scottish Ministers.

(6) Qualifications Scotland may appoint an individual as the chief examiner only where it considers that the individual has suitable experience of working in the education, training, qualifications or skills development sector.

(7) Qualifications Scotland may appoint other staff.

(8) The chief executive, chief examiner, chief accreditation officer and other staff are appointed on such terms and conditions as Qualifications Scotland, with the approval of the Scottish Ministers, determines.

Staff pensions

9 (1) Qualifications Scotland may, with the approval of the Scottish Ministers, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of staff of Qualifications Scotland.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Part 4 Procedure

Chapter 1 Committees

Committees

10 (1) In addition to those established in accordance with paragraphs 11 to 13, Qualifications Scotland—

(a) may establish such further committees as it sees fit,

(b) may establish such sub-committees as it sees fit, other than in relation to the Accreditation Committee where the committee itself may establish such sub-committees as it sees fit.

(2) The membership of a committee or sub-committee may include persons who are not members of Qualifications Scotland.

(3) Qualifications Scotland may pay such remuneration and allowances (including expenses) as the Scottish Ministers determine to each member of a committee or sub-committee who is not a member of, or member of staff of, Qualifications Scotland.

(4) Subject to paragraph 13(3)(a), a committee or sub-committee must comply with any directions given to it by Qualifications Scotland.

(5) If Qualifications Scotland establishes a committee under sub-paragraph (1) with functions which primarily concern the governance of the staff of Qualifications Scotland, the convener of the committee must be a member appointed to satisfy paragraph 3(2)(c).

The Learner Interest Committee

11 (1) Qualifications Scotland must establish and maintain a committee to be known as the Learner Interest Committee.

(2) The function of the committee is to advise the members and staff of Qualifications Scotland in relation to the exercise of Qualifications Scotland’s functions from the perspective of persons undertaking a Qualifications Scotland qualification.

(3) The committee—

(a) may include one member of Qualifications Scotland who was appointed to satisfy paragraph 3(2)(a),

(b) other than any appointment made under paragraph (a), must consist of—

(i) children and young people (whether or not they have experience in relation to undertaking a Qualifications Scotland qualification), and

(ii) other persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification.

(4) The committee members appointed by virtue of sub-paragraph (3)(b) must not include persons who are members of, or members of staff of, Qualifications Scotland.

(5) In the event that a committee member is appointed by virtue of sub-paragraph (3)(a), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.

(6) A committee member appointed by virtue of sub-paragraph (3)(a) is not entitled to vote at any meeting of the committee.

(7) In appointing persons to the committee, Qualifications Scotland must—

(a) encourage equal opportunities and in particular the observance of the equal opportunity requirements,

(b) have regard to the desirability of the committee including persons who—

(i) have experience of being in the care system,

(ii) are from a socio-economically disadvantaged background, or

(iii) have educational support needs.

(8) Before appointing a person as a member of the committee, Qualifications Scotland must consult the Scottish Ministers.

(9) In the exercise of its functions, the committee must, in every case in which it appears to the committee appropriate to do so, consult—

(a) the Strategic Advisory Council,

(b) the Teacher and Practitioner Interest Committee,

(c) any other committee or sub-committee established by Qualifications Scotland,

(d) such other persons as the committee considers appropriate.

(10) Qualifications Scotland must convene a meeting of members of Qualifications Scotland and of the committee where—

(a) the committee reasonably requests a meeting, or

(b) Qualifications Scotland otherwise considers it appropriate to do so.

(11) For the purposes of sub-paragraph (3)(b)(i), “children and young people” means persons under the age of 18.

The Teacher and Practitioner Interest Committee

12 (1) Qualifications Scotland must establish and maintain a committee to be known as the Teacher and Practitioner Interest Committee.

(2) The function of the committee is to advise the members and staff of Qualifications Scotland in relation to the exercise of Qualifications Scotland’s functions from the perspective of persons providing teaching or training in respect of a Qualifications Scotland qualification.

(3) The committee—

(a) may include one member of Qualifications Scotland who was appointed to satisfy paragraph 3(2)(b),

(b) other than any appointment made under paragraph (a), must consist of—

(i) one or more persons who are undertaking, or who have recent experience of undertaking, training to be teachers in schools, and

(ii) persons who are providing teaching or training, or have recent experience of providing teaching or training, in respect of a Qualifications Scotland qualification.

(4) The committee members appointed by virtue of sub-paragraph (3)(b) must not include persons who are members of, or members of staff of, Qualifications Scotland.

(5) In the event that a committee member is appointed by virtue of sub-paragraph (3)(a), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.

(6) A committee member appointed by virtue of sub-paragraph (3)(a) is not entitled to vote at any meeting of the committee.

(7) In appointing persons to the committee, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(8) Before appointing a person as a member of the committee, Qualifications Scotland must consult the Scottish Ministers.

(9) In the exercise of its functions, the committee must, in every case in which it appears to the committee appropriate to do so, consult—

(a) the Strategic Advisory Council,

(b) the Learner Interest Committee,

(c) any other committee or sub-committee established by Qualifications Scotland,

(d) representatives from recognised trade unions which represent the interests of the persons mentioned in sub-paragraph (3)(b),

(e) such other persons as the committee considers appropriate.

(10) Qualifications Scotland must convene a meeting of members of Qualifications Scotland and of the committee where—

(a) the committee reasonably requests a meeting, or

(b) Qualifications Scotland otherwise considers it appropriate to do so.

The Accreditation Committee

13 (1) Qualifications Scotland must establish and maintain a committee to be known as the Accreditation Committee.

(2) The functions of the committee are to—

(a) carry out the function conferred by section 4(1),

(b) advise the Scottish Ministers on any matters relating to that function.

(3) In carrying out its functions, the committee (and any sub-committee of it)—

(a) is not subject to the direction or control of Qualifications Scotland, and

(b) must act independently of Qualifications Scotland (but this does not prevent the committee or any sub-committee of it and Qualifications Scotland from sharing information with each other).

(4) The committee is to consist of—

(a) the convener appointed under paragraph 2(1)(b), and

(b) individuals appointed by the convener as committee members, a majority of whom must not be members of Qualifications Scotland.

(5) Members of staff of Qualifications Scotland may not be appointed as members of the committee but they must be allowed to observe or participate in meetings of the committee at the discretion of the convener.

(6) The Scottish Ministers may assign to a person appointed as a member of Qualifications Scotland—

(a) the function of deputising for the convener,

(b) the function of convening the committee during any period when there is no convener.

(7) A member 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,

(d) is, when exercising the function, to be treated as being a member of the committee (if not otherwise such a member).

Chapter 2 Administration of Qualifications Scotland and its committees

Regulation of procedure

14 (1) In each financial year, at least one meeting of Qualifications Scotland is to be open to the public.

(2) But during consideration of any matter which Qualifications Scotland is satisfied should be dealt with on a confidential basis, those entitled to attend as members of the public may be temporarily excluded.

(3) Qualifications Scotland must take reasonable steps to promote attendance at its public meetings by members of the public.

(4) The power to give directions with which compliance is required under paragraph 10(4) includes the power for Qualifications Scotland to direct its committees or sub-committees—

(a) to open at least one of their meetings each financial year to the public, and

(b) to take reasonable steps to promote attendance at their respective public meetings by such persons as Qualifications Scotland considers appropriate.

(5) At any meeting of the Accreditation Committee, a quorum is established only if the majority of members present at the meeting are not members, or members of staff, of Qualifications Scotland.

(6) The Scottish Ministers may by regulations make such further provision as they see fit in relation to the procedure (including quorum) of Qualifications Scotland and that of any of its committees or sub-committees.

(7) Subject to this paragraph and any regulations made under it, Qualifications Scotland may regulate its own procedure (including quorum) and that of any of its committees or sub-committees other than—

(a) the Accreditation Committee,

(b) any sub-committee of the Accreditation Committee.

(8) Subject to this paragraph and any regulations made under it, the Accreditation Committee may regulate its own procedure (including quorum) and that of any of its sub-committees.

Authority to perform functions

15 (1) Qualifications Scotland may authorise—

(a) any of its members,

(b) any committee or sub-committee established by it,

(c) any member of its staff,

(d) subject to the consent of the Scottish Ministers, any other person,

to perform such of its functions (and to such extent) as it may determine.

(2) But Qualifications Scotland may not authorise another person to perform any of the following functions—

(a) approving its corporate plan for submission to the Scottish Ministers under section 16,

(b) approving its annual report prepared under section 17,

(c) approving its accounts for submission to the Scottish Ministers under section 20,

(d) the functions of the Accreditation Committee.

(3) The Accreditation Committee may authorise—

(a) any of its members,

(b) any sub-committee established by it,

(c) any member of staff of Qualifications Scotland,

to perform such of its functions (and to such extent) as it may determine.

(4) But the Accreditation Committee may not authorise another person to perform any of the following functions—

(a) approving the corporate plan prepared under section 24,

(b) approving the annual report prepared under section 25.

(5) The giving of authority under this paragraph to perform a function does not—

(a) affect Qualifications Scotland’s or (as the case may be) the Accreditation Committee’s responsibility for the performance of the function, or

(b) prevent Qualifications Scotland or (as the case may be) the Accreditation Committee from performing the function itself.

Member consultation requirement

16 (1) In the exercise of Qualifications Scotland’s functions, the members appointed to satisfy paragraph 3(2)(c) must, in every case in which Qualifications Scotland considers it appropriate to do so, consult such persons with an interest as Qualifications Scotland considers appropriate.

(2) For the purposes of sub-paragraph (1), persons with an interest are—

(a) persons who are members of staff of Qualifications Scotland,

(b) representatives from recognised trade unions which represent the interests of the persons mentioned in paragraph (a),

(c) other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraph (a).

(3) In sub-paragraph (2)(b), “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 and “recognised”, in relation to a trade union, is to be construed in accordance with section 178(3) of that Act.

Validity of things done

17 The validity of anything done by Qualifications Scotland or its committees or sub-committees is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member or the chief executive,

(c) a person’s membership ending by virtue of paragraph 5(1)(b).

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

(introduced by section 33(2))

Part 1 Status

Status

1 The Chief Inspector is, as Chief Inspector, to be regarded as a juristic person distinct from the individual for the time being holding the office.

Independence

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.

Part 2 Appointment and terms

Appointment

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.

Period and conditions of office

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.

Part 3 Staff

Staff

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.

Part 4 Procedure

Authority to perform functions

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.

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.

Validity of things done

8 The validity of anything done by the Chief Inspector is not affected by a defect in a person’s appointment as Chief Inspector.

Schedule 3 Transfer of staff, property etc. to Qualifications Scotland

(introduced by section 59)

Transfer date

1 In this schedule, “transfer date” means the date on which this paragraph comes into force.

Transfer of staff

2 (1) With effect from the transfer date, any person who, immediately before that date, was employed by the Scottish Qualifications Authority, is transferred into the employment of Qualifications Scotland.

(2) The contract of employment of a person transferred by virtue of sub-paragraph (1)—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if originally made between the person and Qualifications Scotland.

(3) Without prejudice to sub-paragraph (2), where a person is transferred by virtue of sub-paragraph (1)—

(a) all the rights, powers, duties and liabilities of the Scottish Qualifications Authority under or in connection with the person’s contract of employment are transferred to Qualifications Scotland on the transfer date, and

(b) anything done before that date by or in relation to the Scottish Qualifications Authority in respect of the person or the contract is to be treated from that date as having been done by or in relation to Qualifications Scotland.

(4) If, before the transfer date, the person informs the Scottish Qualifications Authority that the person does not wish to become an employee of Qualifications Scotland—

(a) sub-paragraphs (1) to (3) do not apply to the person, and

(b) the person’s contract of employment is terminated on the day before the transfer date.

(5) A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

(6) Nothing in this paragraph affects any right of a person so transferred to terminate the person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person.

(7) No such right arises by reason only that, by virtue of this paragraph, the identity of the person’s employer changes.

Transfer of property

3 (1) With effect from the transfer date, all property, rights, liabilities and obligations to which sub-paragraph (2) applies, are transferred to, and vest in, Qualifications Scotland.

(2) Sub-paragraph (1) applies to—

(a) all property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by the Scottish Qualifications Authority, and

(b) all rights, liabilities and obligations which, immediately before the transfer date, subsisted in respect of the Scottish Qualifications Authority.

(3) Sub-paragraph (1) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

Duty to secure vesting of foreign property

4 The Scottish Qualifications Authority and Qualifications Scotland must take all such steps as may be required to secure that the vesting in Qualifications Scotland of any foreign property, right, liability or obligation of the Scottish Qualifications Authority, is effective under the relevant foreign law.

Appointment of initial board members

5 (1) The person who is, immediately before the date on which this paragraph fully comes into force (the “member appointment date”), the chairing member of the Scottish Qualifications Authority is, on that date, taken to have been appointed as the chairing member of Qualifications Scotland under paragraph 2(1)(a) of schedule 1.

(2) The Scottish Ministers may by regulations provide that a person who is, immediately before the member appointment date, a member (other than the chairing member) of the Scottish Qualifications Authority, is to be taken to have been appointed as a member of Qualifications Scotland under paragraph 2(1) of schedule 1.

(3) Regulations under sub-paragraph (2) may provide that—

(a) a person mentioned in sub-paragraph (4) is to be treated for the purposes of schedule 1 as if the person were appointed as a member of Qualifications Scotland to satisfy paragraph 3(2)(b)(i) or (ii) of that schedule,

(b) where, before the member appointment date, such a person has ceased to be a person mentioned in that paragraph, the person is to be treated for the purposes of schedule 1 as if the person had ceased to be a person mentioned in that paragraph after being appointed as a member of Qualifications Scotland.

(4) A person referred to in sub-paragraph (3) is a person who—

(a) is to be taken to have been appointed as a member of Qualifications Scotland by virtue of regulations made under sub-paragraph (2), and

(b) was a person mentioned in paragraph 3(2)(b)(i) or (as the case may be) (ii) of schedule 1 when appointed as a member of the Scottish Qualifications Authority.

(5) A person who is a member of Qualifications Scotland by virtue of sub-paragraph (1) or (2) is referred to in this paragraph as an “initial member”.

(6) Except as may be agreed between the Scottish Ministers and an initial member, the terms of the member’s appointment are the same as the terms on which the member was appointed as a member of the Scottish Qualifications Authority so far as consistent with this Act.

(7) For the purposes of this paragraph, the “chairing member of the Scottish Qualifications Authority” is the chairman of the Scottish Qualifications Authority appointed under paragraph 8 of schedule 1 of the Education (Scotland) Act 1996.

Schedule 4 Consequential modifications

(Introduced by section 62)

Part 1 Qualifications Scotland

Chapter 1 Application of legislation relating to public bodies to Qualifications Scotland

Ethical Standards in Public Life etc. (Scotland) Act 2000

1 (1) The Ethical Standards in Public Life etc. (Scotland) Act 2000 is modified as follows.

(2) In schedule 3 (devolved public bodies)—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

Scottish Public Services Ombudsman Act 2002

2 (1) The Scottish Public Services Ombudsman Act 2002 is modified as follows.

(2) In Part 2 of schedule 2 (listed authorities: entries amendable by order in council)—

(a) after the entry relating to the Principal Reporter (paragraph 32AA), insert—

“32AAZA Qualifications Scotland.”,

(b) the entry relating to the Scottish Qualifications Authority (paragraph 49) is repealed.

Freedom of Information (Scotland) Act 2002

3 (1) The Freedom of Information (Scotland) Act 2002 is modified as follows.

(2) In Part 7 of schedule 1 (Scottish public authorities: others)—

(a) after the entry relating to the Poverty and Inequality Commission (paragraph 75AC), insert—

“75AD Qualifications Scotland.”,

(b) the entry relating to the Scottish Qualifications Authority (paragraph 96) is repealed.

Public Appointments and Public Bodies etc. (Scotland) Act 2003

4 (1) The Public Appointments and Public Bodies etc. (Scotland) Act 2003 is modified as follows.

(2) In schedule 2 (the specified authorities), under the heading “Executive bodies”—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

Public Services Reform (Scotland) Act 2010

5 (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2) In schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

(3) In schedule 8 (information on exercise of public functions: listed public bodies)—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

Public Records (Scotland) Act 2011

6 (1) The Public Records (Scotland) Act 2011 is modified as follows.

(2) In the schedule (authorities to which Part 1 applies), under the heading “Others”—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

Procurement Reform (Scotland) Act 2014

7 (1) The Procurement Reform (Scotland) Act 2014 is modified as follows.

(2) In Part 3 of the schedule (contracting authorities: others)—

(a) after the entry relating to the private rented housing panel (paragraph 42), insert—

“42ZA Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority (paragraph 60) is repealed.

Gender Representation on Public Boards (Scotland) Act 2018

8 (1) The Gender Representation on Public Boards (Scotland) Act 2018 is modified as follows.

(2) In schedule 1 (public authorities)—

(a) at the appropriate place in alphabetical order, insert “Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority is repealed.

Islands (Scotland) Act 2018

9 (1) The Islands (Scotland) Act 2018 is modified as follows.

(2) In the schedule (duties in relation to island communities: relevant authorities), under the heading “Scottish public authorities with mixed functions or no reserved functions”—

(a) after the entry relating to the Mobility and Access Committee for Scotland (paragraph 19), insert—

“19A Qualifications Scotland”,

(b) the entry relating to the Scottish Qualifications Authority (paragraph 31) is repealed.

Chapter 2 Other modifications relating to Qualifications Scotland

Further and Higher Education (Scotland) Act 1992

10 (1) The Further and Higher Education (Scotland) Act 1992 is modified as follows.

(2) In section 6(1)(b)(i) (further education to which section 1 applies), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

(3) In section 38(3)(d) (meaning of higher education), for “Scottish Qualifications Authority” substitute “Qualifications Scotland”.

Education (Scotland) Act 1996

11 (1) The Education (Scotland) Act 1996 is modified as follows.

(2) Part 1 (the Scottish Qualifications Authority) is repealed.

(3) Schedule 1 (the Scottish Qualifications Authority) is repealed.

(4) Schedule 2 (further provisions and savings relating to the winding down period) is repealed.

(5) Schedule 3 (transitional provisions for SQA) is repealed.

Scottish Qualifications Authority Act 2002

12 The Scottish Qualifications Authority Act 2002 is repealed.

Further and Higher Education (Scotland) Act 2005

13 (1) The Further and Higher Education (Scotland) Act 2005 is modified as follows.

(2) In section 5 (fundable further and higher education)—

(a) in subsection (1)(b)(i), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”,

(b) in subsection (4)(d), for “Scottish Qualifications Authority” substitute “Qualifications Scotland”.

(3) In section 22(5)(d) (consultation and collaboration), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

(4) in section 23B (regional colleges: planning, consultation and collaboration)—

(a) in subsection (3)(j), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”,

(b) in subsection (5)(h), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

(5) In section 23M (regional strategic bodies: consultation and collaboration)—

(a) in subsection (1)(k), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”,

(b) in subsection (3)(i), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

Children and Young People (Scotland) Act 2014

14 (1) The Children and Young People (Scotland) Act 2014 is modified as follows.

(2) In schedule 1 (authorities to which section 2 applies), in paragraph 7, for “The Scottish Qualifications Authority” substitute “Qualifications Scotland”.

Coronavirus (Recovery and Reform) (Scotland) Act 2022

15 (1) The Coronavirus (Recovery and Reform) (Scotland) Act 2022 is modified as follows.

(2) In section 5 (interpretation of Chapter)—

(a) in subsection (1), in paragraph (a)(ii) of the definition of “educational establishment”, for “the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications” substitute “Qualifications Scotland under section 2(1)(b) of the Education (Scotland) Act 2025 as suitable for presenting persons for Qualifications Scotland qualifications”,

(b) in subsection (2)(b), for “the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications” substitute “Qualifications Scotland under section 2(1)(b) of the Education (Scotland) Act 2025 as suitable for presenting persons for Qualifications Scotland qualifications”.

Part 2 The office of His Majesty’s Chief Inspector of Education in Scotland

Chapter 1 Application of legislation relating to office-holders to the Chief Inspector

Freedom of Information (Scotland) Act 2002

16 (1) The Freedom of Information (Scotland) Act 2002 is modified as follows.

(2) In Part 2 of schedule 1 (Scottish public authorities: non-ministerial office holders in the Scottish Administration), for the entry in paragraph 10 substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Protection of Vulnerable Groups (Scotland) Act 2007

17 (1) The Protection of Vulnerable Groups (Scotland) Act 2007 is modified as follows.

(2) In section 19(3) (information held by public bodies etc.)—

(a) after the entry relating to “Healthcare Improvement Scotland” insert “His Majesty’s Chief Inspector of Education in Scotland”,

(b) the entry relating to “Her Majesty’s Inspectors of Schools” is repealed.

(3) In section 97 (general interpretation), the definition of Her Majesty’s Inspectors of Schools is repealed.

(4) In schedule 5 (index), the entry relating to Her Majesty’s Inspectors of Schools is repealed.

Public Services Reform (Scotland) Act 2010

18 (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2) In schedule 8 (information on exercise of public functions: listed public bodies), after the entry relating to Her Majesty’s Chief Inspector of Constabulary insert “His Majesty’s Chief Inspector of Education in Scotland”.

(3) In schedule 19 (scrutiny functions: persons etc. subject to user focus duty), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

(4) In schedule 20 (scrutiny functions: persons etc. subject to duty of co-operation), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Public Records (Scotland) Act 2011

19 (1) The Public Records (Scotland) Act 2011 is modified as follows.

(2) In the schedule (authorities to which Part 1 applies), under the heading “Scottish Administration”, for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Procurement Reform (Scotland) Act 2014

20 (1) The Procurement Reform (Scotland) Act 2014 is modified as follows.

(2) In Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), for the entry in paragraph 10 substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Chapter 2 Other modifications relating to the Chief Inspector

Education (Scotland) Act 1980

21 (1) The Education (Scotland) Act 1980 is modified as follows.

(2) Sections 66 to 66D (inspections) are repealed.

(3) In section 72 (expenses of Secretary of State), subsections (3) to (5) are repealed.

(4) In section 125A (welfare of children and young persons in accommodation provided for purposes of school attendance), the words from “; and the powers” to the end are repealed.

(5) In section 135 (interpretation), the following definitions are repealed—

(a) enforcement direction,

(b) Her Majesty’s inspectors,

(c) preliminary notice.

Standards in Scotland’s Schools etc. Act 2000

22 (1) The Standards in Scotland’s Schools etc. Act 2000 is modified as follows.

(2) Sections 9 to 12 (inspections) are repealed, together with the italic heading preceding section 9.

Scottish Schools (Parental Involvement) Act 2006

23 (1) The Scottish Schools (Parental Involvement) Act 2006 is modified as follows.

(2) In section 8 (functions of a Parent Council)—

(a) in subsection (5), for “Her Majesty’s inspectors” substitute “His Majesty’s Chief Inspector of Education in Scotland,”,

(b) in subsection (6)—

(i) for “Her Majesty’s inspectors receive” substitute “His Majesty’s Chief Inspector of Education in Scotland receives”,

(ii) for “they are” substitute “, the Chief Inspector is”,

(iii) for “their functions and are” substitute “the Chief Inspector’s functions and is”.

Schools (Consultation) (Scotland) Act 2010

24 (1) The Schools (Consultation) (Scotland) Act 2010 is modified as follows.

(2) In section 1(3)(e) (overview of key requirements), for “HMIE” substitute “the Chief Inspector”.

(3) In section 5(5) (correction of the paper), for “HMIE” substitute “the Chief Inspector” in both places where it appears.

(4) In section 7(2)(b) (public meeting), for “HMIE” substitute “the Chief Inspector”.

(5) In section 8 (involvement of HMIE)—

(a) in subsection (1)—

(i) in the opening words, for “HMIE” substitute “the Chief Inspector”,

(ii) in paragraph (b)(ii), for “HMIE agree” substitute “the Chief Inspector agrees”,

(b) in subsection (2), for “HMIE are” substitute “The Chief Inspector is”,

(c) in subsection (3)—

(i) in the opening words, for “HMIE” substitute “the Chief Inspector”,

(ii) in paragraph (a), for “HMIE consider” substitute “the Chief Inspector considers”,

(iii) in paragraph (b), for “HMIE consider” substitute “the Chief Inspector considers”,

(d) in subsection (4)—

(i) in the opening words, for “HMIE are” substitute “the Chief Inspector is”,

(ii) in paragraph (b), for “them” substitute “the Chief Inspector”,

(iii) in paragraph (c)—

(A) for “HMIE” where it first appears substitute “the Chief Inspector”,

(B) for “HMIE consider” substitute “the Chief Inspector considers”,

(e) in subsection (5), for “HMIE” substitute “the Chief Inspector”,

(f) in subsection (6), for “HMIE’s” substitute “the Chief Inspector’s”,

(g) in subsection (7)—

(i) for “HMIE” substitute “the Chief Inspector”,

(ii) for “Her Majesty’s Inspectors (including any of them)” substitute “His Majesty’s Chief Inspector of Education in Scotland”.

(6) The heading of section 8 becomes “Involvement of the Chief Inspector”.

(7) In section 9(1) (consultation report), for “HMIE’s” substitute “the Chief Inspector’s” in both places where it appears.

(8) In section 10(2)(c)(ii) (content of the report), for “HMIE’s” substitute “the Chief Inspector’s”.

(9) In section 17(3A) (grounds for call-in etc.)—

(a) for “HMIE” where it first appears, substitute “The Chief Inspector”,

(b) for “HMIE” where it second appears, substitute “the Chief Inspector”.

(10) In section 17B(3) (review by Panel)—

(a) for “HMIE” substitute “The Chief Inspector”,

(b) for “them” substitute “the Chief Inspector”.

(11) In section 21(2) (definitions)—

(a) after the entry relating to a call-in notice, insert—

• ““the Chief Inspector’s report” and “the Chief Inspector” are defined in section 8(6) and (7),”,

(b) the words ““HMIE’s report” and “HMIE” are defined in section 8(6) and (7),” are repealed.

Public Services Reform (Scotland) Act 2010

25 (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2) In section 115(6) (persons required to comply with joint inspection requests), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland,”.

Education (Scotland) Act 2016

26 (1) The Education (Scotland) Act 2016 is modified as follows.

(2) In section 12(3) (full assessments: persons notified), for the text in paragraph (a) substitute “His Majesty’s Chief Inspector of Education in Scotland,”.

Schools General (Scotland) Regulations 1975

27 (1) The Schools General (Scotland) Regulations 1975 (S.I. 1975/1135) is modified as follows.

(2) Part 4 (inspection) is revoked.