Education (Scotland) Act 2025

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(b) the entry relating to the Scottish Qualifications Authority is repealed.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(b) the entry relating to the Scottish Qualifications Authority (paragraph 49) is repealed.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(b) the entry relating to the Scottish Qualifications Authority (paragraph 96) is repealed.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(b) the entry relating to the Scottish Qualifications Authority is repealed.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(b) the entry relating to the Scottish Qualifications Authority is repealed.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.