Education (Scotland) Act 2025

Prospective

Functions S

2 The function of awarding qualifications S

(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.

Commencement Information

I1 S. 2 not in force at Royal Assent, see s. 66(2)

3 The quality assurance function S

Qualifications Scotland—

(a) must, in respect of qualifications devised under section 2(1)(a), make such arrangements as it considers appropriate to satisfy itself as to the quality of such qualifications,

(b) may, in respect of education and training establishments which have been approved under section 2(1)(b), make such arrangements as it considers appropriate to satisfy itself as to—

(i) the quality of the procedures adopted by such establishments for assessing the standards of attainment of persons undertaking Qualifications Scotland qualifications (and, in particular, such persons with educational support needs),

(ii) the quality of the internal arrangements adopted by such establishments for monitoring and controlling the effectiveness of such procedures, and

(iii) the overall suitability of such establishments for presenting persons for Qualifications Scotland qualifications.

Commencement Information

I2 S. 3 not in force at Royal Assent, see s. 66(2)

4 The accreditation function S

(1) Qualifications Scotland has the function of—

(a) accrediting qualifications as meeting such requirements as are specified by it, and

(b) making such arrangements as it considers appropriate to satisfy itself as to the suitability of the establishments which provide, or are to provide, qualifications accredited under paragraph (a).

(2) Qualifications Scotland must publish the requirements specified by it in pursuance of subsection (1)(a).

(3) The function conferred by subsection (1) is to be carried out by the Accreditation Committee.

(4) Qualifications Scotland may not exercise any of its functions under this section in relation to a degree (within the meaning of section 2(5)).

Commencement Information

I3 S. 4 not in force at Royal Assent, see s. 66(2)

5 The advisory function S

(1) Qualifications Scotland must, on request, provide the Scottish Ministers with advice regarding any matter to which Qualifications Scotland’s functions relate.

(2) Qualifications Scotland may, at any other time, provide the Scottish Ministers with such advice as it thinks fit regarding any matter to which its functions relate.

Commencement Information

I4 S. 5 not in force at Royal Assent, see s. 66(2)

6 Working with, or recognition of, others S

(1) Qualifications Scotland may, whether within or outwith Scotland—

(a) provide services (including advice or assistance),

(b) act as agent for another person,

in respect of any matter to which its functions relate.

(2) Qualifications Scotland must work in collaboration with others (whether within or outwith Scotland), in every case in which it appears to Qualifications Scotland appropriate to do so, in respect of any matter to which its functions relate.

(3) Qualifications Scotland may confer fellowships or other awards on persons who, in the opinion of Qualifications Scotland, have made an outstanding contribution to the advancement of education or training.

Commencement Information

I5 S. 6 not in force at Royal Assent, see s. 66(2)

7 Duties when exercising functions S

(1) In the exercise of its functions, Qualifications Scotland must—

(a) promote and advance education and training, including education and training which reflects current and future needs in relation to improving Scotland’s economy,

(b) in every case in which it appears to Qualifications Scotland appropriate to do so, consult such persons with an interest (see subsection (2)) as Qualifications Scotland considers appropriate,

(c) have regard to the needs and interests of children, young people and other persons using its services, including those who are receiving, or wish to receive—

(i) British Sign Language learner education,

(ii) British Sign Language medium education,

(iii) Gaelic learner education,

(iv) Gaelic medium education, or

(v) the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,

(d) have regard to any advice provided to it by the Strategic Advisory Council (see section 9),

(e) have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership (a Scottish charity with the charity number SC037958), as it has effect for the time being,

(f) have regard to any representations made in writing to Qualifications Scotland about the exercise of its functions by—

(i) the Scottish Further and Higher Education Funding Council,

(ii) the Skills Development Scotland Co. Limited (company number SC202659),

(g) have regard to any developments in how persons undertake education and training that are relevant to the assessment of such persons,

(h) have regard to the economic, social and environmental priorities of the Scottish Ministers,

(i) have regard to the need to operate in a way which is transparent and accountable,

(j) so far as reasonably practicable, prioritise the provision of services in Scotland.

(2) For the purposes of subsection (1)(b), persons with an interest are—

(a) persons undertaking a Qualifications Scotland qualification,

(b) persons providing teaching or training in respect of a Qualifications Scotland qualification,

(c) such other persons as Qualifications Scotland considers appropriate.

(3) The Scottish Ministers may by regulations modify—

(a) subsection (1)(e) so as to substitute another credit and qualifications framework for the credit and qualifications framework for the time being mentioned there,

(b) subsection (1)(f)(ii)—

(i) so as to substitute another person for the person for the time being mentioned there, or

(ii) where the person changes its name, by modifying the reference to the person to reflect that change of name.

(4) Subsection (1)(e) does not apply during any period in which the credit and qualifications framework for the time being mentioned there does not have effect.

(5) In this section, “credit and qualifications framework” means a system for comparing qualifications in Scotland by reference to the level of skills and experience required to obtain such qualifications.

Commencement Information

I6 S. 7 not in force at Royal Assent, see s. 66(2)

8 Consultation with Strategic Advisory Council S

(1) Qualifications Scotland must, in the exercise of its functions, consult the Strategic Advisory Council in every case in which it appears to Qualifications Scotland appropriate to do so.

(2) Qualifications Scotland must have regard to any guidance issued by the Scottish Ministers as to the fulfilment of the requirement imposed by subsection (1).

(3) The Scottish Ministers must publish any guidance issued as mentioned in subsection (2).

(4) Qualifications Scotland must publish its procedures for—

(a) fulfilling the requirement imposed by subsection (1),

(b) providing responses to any advice provided to it by the council.

(5) If Qualifications Scotland revises the procedures published under subsection (4), it must publish the procedures as revised.

Commencement Information

I7 S. 8 not in force at Royal Assent, see s. 66(2)