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Education (Scotland) Act 2025

Overview of the Act

Part 1: Qualifications Scotland

Functions

Section 2 – The function of awarding qualifications

8.Section 2 sets out Qualifications Scotland’s functions relating to qualifications. These functions are:

  • devising qualifications (this includes the ability to develop different types of qualifications and awards – for example, school based qualifications such as National Qualifications and post-school qualifications such as Scottish Vocational Qualifications – and also includes the ability to devise and develop the subject-matters qualifications might cover),

  • approving establishments suitable for presenting people for qualifications which are either devised or awarded by it, having regard to the matters set out in section 3(b) in relation to the quality assurance function (this includes ensuring places like schools, colleges, training providers and employers have the right systems set up and meet quality standards to deliver qualifications for learners),

  • determining entitlement to the qualifications it devises or awards, and as part of this awarding and recording the qualifications (for example, this enables Qualifications Scotland to set entry requirements to study for a certain qualification, as well as determining whether an individual undertaking a qualification has met all the requirements and has done so to a certain level in order to be awarded the qualification or award),

  • keeping the qualifications it devises under review and revising them, having regard to the requirement in section 3(a) to make appropriate arrangements to satisfy itself as to the quality of the qualifications it devises,

  • making arrangements for, assisting in and carrying out the assessment of persons undertaking education and training (for example, arranging any examination processes for Qualifications Scotland qualifications, or providing services to other organisations to support the development or delivery of assessment for other qualifications and awards).

9.These functions of devising qualifications and reviewing/revising them include the power to devise a programme of learning, determine what is required to attain the qualification and determine how the qualification is to be assessed.

10.These functions may not be exercised in relation to degrees awarded by universities or other specified institutions.

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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.

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