The Education (Scotland) Act 2025 (Commencement No. 3) Regulations 2026

Scottish Statutory Instruments

2026 No. 83 (C. 4)

EDUCATION

The Education (Scotland) Act 2025 (Commencement No. 3) Regulations 2026

Made

12th February 2026

Laid before the Scottish Parliament

16th February 2026

Coming into force

26th February 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 66(2) and (4)(b) of the Education (Scotland) Act 2025(1) and all other powers enabling them to do so.

In accordance with section 66(3) of the Education (Scotland) Act 2025, the Scottish Qualifications Authority has no functions exercisable otherwise than in or as regards Scotland(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Scotland) Act 2025 (Commencement No. 3) Regulations 2026 and come into force on 26 February 2026.

(2) In these Regulations “the Act” means the Education (Scotland) Act 2025.

Appointed day

2.—(1) 26 February 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).

(2) Where a purpose is specified in column 3 of that table, the corresponding provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

JENNY GILRUTH

A member of the Scottish Government

St Andrew's House,

Edinburgh

12th February 2026

Regulation 2

Schedule Provisions of the Act coming into force on 26 February 2026

Column 1 (provision of the Act)	Column 2 (subject matter)	Column 3 (purpose)
Section 60	Dissolution of the Scottish Qualifications Authority
Section 62	Consequential modifications	For all remaining purposes
Paragraph 11 of schedule 4	Repeal of Part 1 and associated schedules of the Education (Scotland) Act 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force on 26 February 2026 the provisions of the Education (Scotland) Act 2025 (“the Act”) insofar as not brought into force by commencement regulations made before these Regulations.

Regulation 2(1) brings into force the provisions listed in the table in the schedule. Regulation 2(3) provides that where a purpose is specified in column 3 of that table, the associated provision comes info force into for that purpose.

The Bill for the Act received Royal Assent on 6 August 2025. Sections 63 to 67 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT Regulations

(This note is not part of the Regulations)

Provision	Date of Commencement	S.S.I. No.
Section 1(1)	1 December 2025	S.S.I. 2025/351
Section 1(2) and 1(3) (for the purpose of bringing into force schedule 1, Parts 1 and 2, and Part 4 paragraphs 11(8), 12(8) and 17)	1 December 2025	S.S.I. 2025/351
Section 1(2) and 1(3) (for all remaining purposes)	1 February 2026	S.S.I. 2026/2
Section 2, 3, 4, 5, 6, 7	1 February 2026	S.S.I. 2026/2
Section 8(1)	12 March 2026	S.S.I. 2026/2 (3)
Section 8(2) (for the purposes of Scottish Ministers issuing any guidance as to the fulfilment of the requirement imposed by subsection (1)	1 February 2026	S.S.I. 2026/2
Section 8(2) (for all remaining purposes)	12 March 2026	S.S.I. 2026/2 (4)
Section 8(3), (4) and (5)	1 February 2026	S.S.I. 2026/2
Section 9	27 January 2026	S.S.I. 2026/2
Section 10	1 February 2026	S.S.I. 2026/2
Section 11, 12, 13	31 August 2026	S.S.I. 2026/2
Section 14, 15, 16	1 February 2026	S.S.I. 2026/2
Section 17, 18, 19	1 April 2026	S.S.I. 2026/2
Section 20, 21, 22, 23, 24	1 February 2026	S.S.I. 2026/2
Section 25	1 April 2026	S.S.I. 2026/2
Section 26, 27, 28, 29, 30, 31, 32	1 February 2026	S.S.I. 2026/2
Section 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46	1 March 2026	S.S.I. 2026/2
Section 47	1 April 2026	S.S.I. 2026/2
Section 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58	1 March 2026	S.S.I. 2026/2
Section 59 (for the purpose of bringing into force schedule 3, paragraph 5)	1 December 2025	S.S.I. 2025/351
Section 59 (for all remaining purposes)	1 February 2026	S.S.I. 2026/2
Section 61	1 February 2026	S.S.I. 2026/2
Section 62 (for the purpose of bringing into force schedule 4, Part 1, Chapter 1, paragraphs 1(1), 1(2)(a), 4(1), 4(2)(a), 8(1) and 8(2)(a))	1 December 2025	S.S.I. 2025/351
Section 62 (for the purpose of bringing into force schedule 4, Part 1, paragraphs 1(2)(b), 2, 3, 4(2)(b), 5, 6, 7, 8(2)(b), 9, 10 and 12 to 15)	1 February 2026	S.S.I. 2026/2
Section 62 (for the purpose of bringing into force schedule 4, Part 2)	1 March 2026	S.S.I. 2026/2
Schedule 1, Parts 1 and 2, and Part 4 paragraphs 11(8), 12(8) and 17	1 December 2025	S.S.I. 2025/351
Schedule 1, Part 3 and Part 4 paragraphs 10, 11(1) to (7) and (9) to (11), 12(1) to (7) and (9) to (10), 13, 14, 15 and 16	1 February 2026	S.S.I. 2026/2
Schedule 2	1 March 2026	S.S.I. 2026/2
Schedule 3, paragraphs 1, 2, 3 and 4	1 February 2026	S.S.I. 2026/2
Schedule 3, paragraph 5	1 December 2025	S.S.I. 2025/351
Schedule 4, Part 1, Chapter 1 paragraphs 1(1), 1(2)(a), 4(1), 4(2)(a), 8(1) and 8(2)(a)	1 December 2025	S.S.I. 2025/351
Schedule 4, Part 1, paragraphs 1(2)(b), 2, 3, 4(2)(b), 5, 6, 7, 8(2)(b), 9, 10 and 12 to 15	1 February 2026	S.S.I. 2026/2
Schedule 4, Part 2	1 March 2026	S.S.I. 2026/2

(1)

2025 asp 11.

(2)

See S.I. 2025/1350, article 4 and paragraph 2 of the Schedule. Under article 1(4), paragraphs 2 to 22 of the Schedule and, so far as relating to those provisions of the Schedule, article 4 came into force on the same day as section 2 of the Education (Scotland) Act 2025 came into force. Section 2 of the Education (Scotland) Act 2025 came into force on 1 February 2026, under S.S.I. 2026/2, regulation 2(2) read with Part 1 of the schedule.

(3)

As read with S.S.I. 2026/36.

(4)

As read with S.S.I. 2026/36.