Education (Scotland) Act 2025

2 The function of awarding qualifications

(1) Qualifications Scotland has the following functions—

(a) to devise qualifications (whether for itself or others to award),

(b) to approve education and training establishments as suitable for presenting persons for Qualifications Scotland qualifications,

(c) to determine a person’s entitlement to Qualifications Scotland qualifications and, where a person is so entitled, to award and record such a qualification,

(d) to keep under review and revise qualifications devised under paragraph (a), and

(e) to make arrangements for, assist in or carry out the assessment of persons undertaking education and training.

(2) The functions mentioned in paragraphs (a) and (d) of subsection (1) include the power to—

(a) devise a programme of learning to be used in connection with the qualification,

(b) determine what a person is required to do and the level of competence the person is required to demonstrate in order to attain the qualification,

(c) determine the means of assessing whether the person has done what is required or demonstrated the level of competence required.

(3) In exercising the function mentioned in paragraph (b) of subsection (1), Qualifications Scotland is to have regard to the matters mentioned in sub-paragraphs (i) to (iii) of section 3(b).

(4) Qualifications Scotland may not exercise any of its functions under this section in relation to a degree.

(5) For the purpose of subsection (4), “degree” means a degree which is awarded by a university or by an institution specified as competent to grant it by virtue of section 48 of the Further and Higher Education (Scotland) Act 1992.