LegalizeReform history
Education (Scotland) Act 2025
8 versions
· 2025-08-06
2026-04-01
Education (Scotland) Act 2025
2026-03-01
Education (Scotland) Act 2025
2026-02-26
Education (Scotland) Act 2025
2026-02-01
Education (Scotland) Act 2025
Changes on 2026-02-01
@@ -12,7 +12,7 @@
- (2) Qualifications Scotland has the functions conferred on it by or under this Act and any other enactment.
- (3) [Schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27) makes further provision about the status, membership, staffing, procedures and powers of Qualifications Scotland.
- (3) [Schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01) makes further provision about the status, membership, staffing, procedures and powers of Qualifications Scotland.
### Functions
@@ -28,11 +28,11 @@
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-01-27), and
- (d) to keep under review and revise qualifications devised under [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-02-01), 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)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-01-27) and [(d)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/d/2026-01-27) of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27) include the power to—
- (2) The functions mentioned in [paragraphs (a)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-02-01) and [(d)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/d/2026-02-01) of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01) include the power to—
- (a) devise a programme of learning to be used in connection with the qualification,
@@ -40,11 +40,11 @@
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-01-27) of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27), Qualifications Scotland is to have regard to the matters mentioned in [sub-paragraphs (i)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/i/2026-01-27) to [(iii)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/iii/2026-01-27) of [section 3](https://www.legislation.gov.uk/asp/2025/11/section/3/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/2026-01-27).
- (4) Qualifications Scotland may not exercise any of its functions under [this section](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27) in relation to a degree.
- (5) For the purpose of [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/2/4/2026-01-27), “*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.
- (3) In exercising the function mentioned in [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-02-01) of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01), Qualifications Scotland is to have regard to the matters mentioned in [sub-paragraphs (i)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/i/2026-02-01) to [(iii)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/iii/2026-02-01) of [section 3](https://www.legislation.gov.uk/asp/2025/11/section/3/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/3/b/2026-02-01).
- (4) Qualifications Scotland may not exercise any of its functions under [this section](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01) in relation to a degree.
- (5) For the purpose of [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/2/4/2026-02-01), “*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.
#### The quality assurance function
@@ -52,9 +52,9 @@
Qualifications Scotland—
- (a) must, in respect of qualifications devised under [section 2](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-01-27), 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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-01-27), make such arrangements as it considers appropriate to satisfy itself as to—
- (a) must, in respect of qualifications devised under [section 2](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/a/2026-02-01), 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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-02-01), 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),
@@ -70,13 +70,13 @@
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/a/2026-01-27).
- (2) Qualifications Scotland must publish the requirements specified by it in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/1/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/a/2026-01-27).
- (3) The function conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/1/1/2026-01-27) is to be carried out by the Accreditation Committee.
- (4) Qualifications Scotland may not exercise any of its functions under [this section](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-01-27) in relation to a degree (within the meaning of [section 2](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27)[(5)](https://www.legislation.gov.uk/asp/2025/11/section/2/5/2026-01-27)).
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/a/2026-02-01).
- (2) Qualifications Scotland must publish the requirements specified by it in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/1/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/a/2026-02-01).
- (3) The function conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/1/1/2026-02-01) is to be carried out by the Accreditation Committee.
- (4) Qualifications Scotland may not exercise any of its functions under [this section](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-02-01) in relation to a degree (within the meaning of [section 2](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01)[(5)](https://www.legislation.gov.uk/asp/2025/11/section/2/5/2026-02-01)).
#### The advisory function
@@ -124,7 +124,7 @@
- (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](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-01-27)),
- (d) have regard to any advice provided to it by the Strategic Advisory Council (see section [9](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-02-01)),
- (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,
@@ -170,9 +170,9 @@
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/8/1/2026-01-27).
- (3) The Scottish Ministers must publish any guidance issued as mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/8/2/2026-01-27).
- (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)](https://www.legislation.gov.uk/asp/2025/11/section/8/1/2026-02-01).
- (3) The Scottish Ministers must publish any guidance issued as mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/8/2/2026-02-01).
- (4) Qualifications Scotland must publish its procedures for—
@@ -198,7 +198,7 @@
- (b) providing advice in relation to those matters to Qualifications Scotland or the Scottish Ministers (in response to a request from the person to whom the advice is to be given or on its own initiative).
- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/9/1/2026-01-27) may, in particular, make provision for or in connection with—
- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/9/1/2026-02-01) may, in particular, make provision for or in connection with—
- (a) the appointment of persons as members of the Strategic Advisory Council (including the number, or limits on the number, of persons who may be appointed, the skills, knowledge and expertise such persons are to have, and any other conditions of appointment),
@@ -242,7 +242,7 @@
- (B) have regard to any consultation carried out by Qualifications Scotland,
- (ii) have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph [(i)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/i/2026-01-27),
- (ii) have regard to any guidance issued by the Scottish Ministers as to compliance with the requirements imposed by virtue of sub-paragraph [(i)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/i/2026-02-01),
- (iii) allow members of staff of Qualifications Scotland to observe or participate in meetings of the council at the discretion of the conveners.
@@ -258,7 +258,7 @@
- (e) such other persons as the Strategic Advisory Council considers appropriate.
- (5) The Scottish Ministers must publish any guidance issued as mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/2026-01-27)[(f)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/2026-01-27)[(ii)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/ii/2026-01-27).
- (5) The Scottish Ministers must publish any guidance issued as mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/2026-02-01)[(f)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/2026-02-01)[(ii)](https://www.legislation.gov.uk/asp/2025/11/section/9/3/f/ii/2026-02-01).
### Expert Group on Qualifications Standards
@@ -320,7 +320,7 @@
- (b) have regard to the comments (if any) received from the council and Ministers in response.
- (7) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/a/2026-01-27), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before [this section](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-01-27) comes into force.
- (7) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/a/2026-02-01), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before [this section](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-02-01) comes into force.
#### The teacher and practitioner charter
@@ -358,7 +358,7 @@
- (b) have regard to the comments (if any) received from the council and Ministers in response.
- (6) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/a/2026-01-27), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.
- (6) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/a/2026-02-01), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.
#### Reviewing and revising the charters
@@ -374,7 +374,7 @@
- (2) Each charter must be reviewed—
- (a) within 5 years of its publication under [section 11](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/2026-01-27) or (as the case may be) [12](https://www.legislation.gov.uk/asp/2025/11/section/12/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/2026-01-27), and
- (a) within 5 years of its publication under [section 11](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/11/1/2026-02-01) or (as the case may be) [12](https://www.legislation.gov.uk/asp/2025/11/section/12/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/12/1/2026-02-01), and
- (b) thereafter, within 5 years of the charter last being reviewed.
@@ -388,7 +388,7 @@
##### 14
Qualifications Scotland must, from time to time, consider whether to prepare and publish charters setting out what persons using its services (other than those mentioned in sections [11](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/11/2/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/11/2/a/2026-01-27) and [12](https://www.legislation.gov.uk/asp/2025/11/section/12/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/12/2/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/12/2/a/2026-01-27)) should expect from it in the exercise of its functions.
Qualifications Scotland must, from time to time, consider whether to prepare and publish charters setting out what persons using its services (other than those mentioned in sections [11](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/11/2/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/11/2/a/2026-02-01) and [12](https://www.legislation.gov.uk/asp/2025/11/section/12/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/12/2/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/12/2/a/2026-02-01)) should expect from it in the exercise of its functions.
### Guidance
@@ -402,7 +402,7 @@
- (b) may revise the guidance from time to time and, where it does so, must publish the guidance as revised.
- (2) Guidance must be published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/15/1/2026-01-27) before the expiry of the period of 6 months beginning with the day on which this section comes into force.
- (2) Guidance must be published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/15/1/2026-02-01) before the expiry of the period of 6 months beginning with the day on which this section comes into force.
### Accountability of Qualifications Scotland
@@ -426,13 +426,13 @@
- (iv) what Qualifications Scotland intends to do to satisfy—
- (A) the requirements of [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-01-27),
- (A) the requirements of [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-02-01),
- (B) the expectations set out in its charters,
- (b) may include such other material as Qualifications Scotland considers appropriate.
- (4) Despite [subsection (3)](https://www.legislation.gov.uk/asp/2025/11/section/16/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/16/3/a/2026-01-27), a corporate plan need not include details of objectives or activities which relate to the function conferred by [section 4](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/2026-01-27) (but see [section 24](https://www.legislation.gov.uk/asp/2025/11/section/24/2026-01-27)).
- (4) Despite [subsection (3)](https://www.legislation.gov.uk/asp/2025/11/section/16/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/16/3/a/2026-02-01), a corporate plan need not include details of objectives or activities which relate to the function conferred by [section 4](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/2026-02-01) (but see [section 24](https://www.legislation.gov.uk/asp/2025/11/section/24/2026-02-01)).
- (5) Before preparing a corporate plan Qualifications Scotland must consult—
@@ -474,7 +474,7 @@
- (b) must do so when so required by the Scottish Ministers.
- (11) [Subsections (2)](https://www.legislation.gov.uk/asp/2025/11/section/16/2/2026-01-27) and [(6)](https://www.legislation.gov.uk/asp/2025/11/section/16/6/2026-01-27) to [(8)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/2026-01-27) apply to a new corporate plan, and to a modified corporate plan submitted under [subsection (8)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/b/2026-01-27), as they apply to the corporate plan submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/16/1/2026-01-27).
- (11) [Subsections (2)](https://www.legislation.gov.uk/asp/2025/11/section/16/2/2026-02-01) and [(6)](https://www.legislation.gov.uk/asp/2025/11/section/16/6/2026-02-01) to [(8)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/2026-02-01) apply to a new corporate plan, and to a modified corporate plan submitted under [subsection (8)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/16/8/b/2026-02-01), as they apply to the corporate plan submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/16/1/2026-02-01).
#### Annual report of Qualifications Scotland
@@ -488,13 +488,13 @@
- (2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.
- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-01-27) must include a statement of what Qualifications Scotland has done during that year to satisfy—
- (a) the requirements of [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-01-27),
- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-02-01) must include a statement of what Qualifications Scotland has done during that year to satisfy—
- (a) the requirements of [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-02-01),
- (b) the expectations set out in its charters.
- (4) Where Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-01-27) must set out—
- (4) Where Qualifications Scotland has failed to satisfy any expectation set out in its charters during that year, a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-02-01) must set out—
- (a) any failures,
@@ -502,7 +502,7 @@
- (c) the steps that Qualifications Scotland has taken, or intends to take, to remedy those failures.
- (5) Despite [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/a/2026-01-27), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see [section 25](https://www.legislation.gov.uk/asp/2025/11/section/25/2026-01-27)).
- (5) Despite [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/17/1/a/2026-02-01), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see [section 25](https://www.legislation.gov.uk/asp/2025/11/section/25/2026-02-01)).
- (6) It is otherwise for Qualifications Scotland to determine the form and content of each report.
@@ -516,9 +516,9 @@
- (b) send a copy of the report to the Scottish Ministers.
- (2) The Scottish Ministers must lay a copy of a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-01-27) before the Scottish Parliament.
- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-01-27) must set out—
- (2) The Scottish Ministers must lay a copy of a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-02-01) before the Scottish Parliament.
- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-02-01) must set out—
- (a) the arrangements that were in place during the financial year, and
@@ -526,7 +526,7 @@
- (4) It is otherwise for Qualifications Scotland to determine the form and content of each report and, in particular, the report may be part of another document.
- (5) In preparing a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-01-27), Qualifications Scotland must consult—
- (5) In preparing a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/18/1/2026-02-01), Qualifications Scotland must consult—
- (a) the Learner Interest Committee,
@@ -548,11 +548,11 @@
- (b) Qualifications Scotland’s response to such advice.
- (2) Qualifications Scotland must publish a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/19/1/2026-01-27) within the period of 12 months beginning with—
- (2) Qualifications Scotland must publish a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/19/1/2026-02-01) within the period of 12 months beginning with—
- (a) in the case of the first report, the day on which this section comes into force,
- (b) in the case of subsequent reports, the day on which the last report was published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/19/1/2026-01-27).
- (b) in the case of subsequent reports, the day on which the last report was published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/19/1/2026-02-01).
#### Accounts and audit of Qualifications Scotland
@@ -664,7 +664,7 @@
- (1) The Scottish Ministers may provide such financial assistance to Qualifications Scotland as the Scottish Ministers consider appropriate.
- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/27/1/2026-01-27), “*financial assistance*” includes grants, loans, guarantees and indemnities.
- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/27/1/2026-02-01), “*financial assistance*” includes grants, loans, guarantees and indemnities.
- (3) The Scottish Ministers may specify conditions (including conditions as to repayment or the payment of interest) which apply in respect of any financial assistance provided.
@@ -690,15 +690,15 @@
- (c) form or promote (whether alone or with others) a company under the Companies Act 2006,
- (d) where an amount is specified by virtue of [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/28/4/2026-01-27), enter into a contract with a value in excess of that amount.
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/2026-01-27), the consent of the Scottish Ministers may be given—
- (d) where an amount is specified by virtue of [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/28/4/2026-02-01), enter into a contract with a value in excess of that amount.
- (3) For the purposes of [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/2026-02-01), the consent of the Scottish Ministers may be given—
- (a) in respect of a particular transaction or description of transactions,
- (b) subject to conditions.
- (4) The Scottish Ministers may, for the purposes of [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/2026-01-27)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/d/2026-01-27), from time to time specify—
- (4) The Scottish Ministers may, for the purposes of [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/2026-02-01)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/28/2/d/2026-02-01), from time to time specify—
- (a) an amount,
@@ -720,7 +720,7 @@
##### 30
In publishing a document under [this Part](https://www.legislation.gov.uk/asp/2025/11/part/1/2026-01-27), Qualifications Scotland must have regard to the importance of communicating in an inclusive way that best meets the needs of—
In publishing a document under [this Part](https://www.legislation.gov.uk/asp/2025/11/part/1/2026-02-01), Qualifications Scotland must have regard to the importance of communicating in an inclusive way that best meets the needs of—
- (a) children and young people,
@@ -744,11 +744,11 @@
- (2) The Scottish Ministers—
- (a) must make an appointment under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-01-27) as soon as reasonably practicable and, in any event, no later than 3 months after this section comes into force,
- (b) must not appoint a person under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-01-27) who is a member of, or a member of staff of, Qualifications Scotland.
- (3) The person appointed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-01-27) must—
- (a) must make an appointment under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-02-01) as soon as reasonably practicable and, in any event, no later than 3 months after this section comes into force,
- (b) must not appoint a person under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-02-01) who is a member of, or a member of staff of, Qualifications Scotland.
- (3) The person appointed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/31/1/2026-02-01) must—
- (a) after undertaking the review, prepare a report of the review,
@@ -822,7 +822,7 @@
- (1) The office of His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba) is established.
- (2) [Schedule 2](https://www.legislation.gov.uk/asp/2025/11/schedule/2/2026-01-27) makes further provision about the office.
- (2) [Schedule 2](https://www.legislation.gov.uk/asp/2025/11/schedule/2/2026-02-01) makes further provision about the office.
#### Deputy Chief Inspector of Education in Scotland
@@ -830,7 +830,7 @@
- (1) There is to be a Deputy Chief Inspector of Education in Scotland who has the function of deputising for the Chief Inspector.
- (2) The Chief Inspector is, with the approval of the Scottish Ministers, to appoint a person who is an Inspector under [section 35](https://www.legislation.gov.uk/asp/2025/11/section/35/2026-01-27) as the Deputy Chief Inspector.
- (2) The Chief Inspector is, with the approval of the Scottish Ministers, to appoint a person who is an Inspector under [section 35](https://www.legislation.gov.uk/asp/2025/11/section/35/2026-02-01) as the Deputy Chief Inspector.
#### His Majesty’s Inspectors of Education in Scotland
@@ -904,7 +904,7 @@
- (2) In carrying out that function, the Chief Inspector—
- (a) must secure the inspection of relevant educational establishments, other than excepted establishments, at such intervals and to such extent as the Chief Inspector considers appropriate (but in accordance with any regulations made under [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-01-27)),
- (a) must secure the inspection of relevant educational establishments, other than excepted establishments, at such intervals and to such extent as the Chief Inspector considers appropriate (but in accordance with any regulations made under [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-02-01)),
- (b) must comply with any written request from the Scottish Ministers requiring the Chief Inspector to secure the inspection of—
@@ -914,21 +914,21 @@
- (iii) a sample of a type of relevant educational establishment,
- (c) may secure the inspection of an excepted establishment only on a request from the Scottish Ministers under [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/b/2026-01-27).
- (c) may secure the inspection of an excepted establishment only on a request from the Scottish Ministers under [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/b/2026-02-01).
- (3) For the purpose of this section, the Chief Inspector is to secure the inspection of an establishment—
- (a) by directing an Inspector to carry out the inspection,
- (b) by directing a person appointed under [section 36](https://www.legislation.gov.uk/asp/2025/11/section/36/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/36/1/2026-01-27) to carry out the inspection,
- (b) by directing a person appointed under [section 36](https://www.legislation.gov.uk/asp/2025/11/section/36/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/36/1/2026-02-01) to carry out the inspection,
- (c) by carrying out the inspection personally,
- (d) through a combination of the ways described in paragraphs [(a)](https://www.legislation.gov.uk/asp/2025/11/section/38/3/a/2026-01-27) to [(c)](https://www.legislation.gov.uk/asp/2025/11/section/38/3/c/2026-01-27).
- (4) The Scottish Ministers may by regulations specify the minimum frequency with which establishments are to be inspected in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/a/2026-01-27).
- (5) Before making regulations under [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-01-27), the Scottish Ministers must consult—
- (d) through a combination of the ways described in paragraphs [(a)](https://www.legislation.gov.uk/asp/2025/11/section/38/3/a/2026-02-01) to [(c)](https://www.legislation.gov.uk/asp/2025/11/section/38/3/c/2026-02-01).
- (4) The Scottish Ministers may by regulations specify the minimum frequency with which establishments are to be inspected in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/a/2026-02-01).
- (5) Before making regulations under [subsection (4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-02-01), the Scottish Ministers must consult—
- (a) the Chief Inspector,
@@ -994,17 +994,17 @@
- (3) But—
- (a) where the subject of an inspection is a higher education institution, it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27) only in relation to education and training which is provided as mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-01-27)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/2026-01-27)[(i)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/i/2026-01-27),
- (b) where the subject of an inspection is a place mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-01-27)[(e)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/e/2026-01-27), it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27) only with a view to determining whether the child or young person’s welfare is adequately safeguarded and promoted there,
- (c) where the subject of an inspection is an education authority, it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27) only in relation to the functions of the authority which relate to the provision of school education, whether exercised individually or with others.
- (a) where the subject of an inspection is a higher education institution, it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01) only in relation to education and training which is provided as mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-02-01)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/2026-02-01)[(i)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/i/2026-02-01),
- (b) where the subject of an inspection is a place mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-02-01)[(e)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/e/2026-02-01), it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01) only with a view to determining whether the child or young person’s welfare is adequately safeguarded and promoted there,
- (c) where the subject of an inspection is an education authority, it may be inspected under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01) only in relation to the functions of the authority which relate to the provision of school education, whether exercised individually or with others.
- (4) In this Act, “*excepted establishment*” means—
- (a) a place where fundable further education is provided by a post-16 education body (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),
- (b) a place mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-01-27)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/2026-01-27).
- (b) a place mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/2026-02-01)[(d)](https://www.legislation.gov.uk/asp/2025/11/section/39/1/d/2026-02-01).
- (5) Any expression used in this section and in the Education (Scotland) Act 1980 has the same meaning in this section as in that Act.
@@ -1014,7 +1014,7 @@
- (b) “excepted establishment”.
- (7) Before making regulations under [subsection (6)](https://www.legislation.gov.uk/asp/2025/11/section/39/6/2026-01-27), the Scottish Ministers must consult—
- (7) Before making regulations under [subsection (6)](https://www.legislation.gov.uk/asp/2025/11/section/39/6/2026-02-01), the Scottish Ministers must consult—
- (a) the Chief Inspector,
@@ -1028,7 +1028,7 @@
- (1) The Chief Inspector may enter into arrangements with any person for the provision to that person of inspections or advice in relation to the provision of education.
- (2) Where an inspection is carried out or advice is provided by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/40/1/2026-01-27), the Chief Inspector may recover the expenses incurred in respect of providing the advice or carrying out the inspection from the person with whom the arrangements were made.
- (2) Where an inspection is carried out or advice is provided by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/40/1/2026-02-01), the Chief Inspector may recover the expenses incurred in respect of providing the advice or carrying out the inspection from the person with whom the arrangements were made.
#### The advisory function
@@ -1170,7 +1170,7 @@
- (e) such other persons as the Chief Inspector considers appropriate.
- (5) Before publishing an inspection plan under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/45/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/45/1/a/2026-01-27) or [(3)](https://www.legislation.gov.uk/asp/2025/11/section/45/3/2026-01-27)[(c)](https://www.legislation.gov.uk/asp/2025/11/section/45/3/c/2026-01-27), the Chief Inspector must lay a draft of the plan before the Scottish Parliament for a period of 40 days.
- (5) Before publishing an inspection plan under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/45/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/45/1/a/2026-02-01) or [(3)](https://www.legislation.gov.uk/asp/2025/11/section/45/3/2026-02-01)[(c)](https://www.legislation.gov.uk/asp/2025/11/section/45/3/c/2026-02-01), the Chief Inspector must lay a draft of the plan before the Scottish Parliament for a period of 40 days.
- (6) The Chief Inspector must have regard to—
@@ -1180,11 +1180,11 @@
- (c) any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of the Parliament’s standing orders.
- (7) In calculating the period of 40 days for the purposes of [subsection (5)](https://www.legislation.gov.uk/asp/2025/11/section/45/5/2026-01-27), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
- (7) In calculating the period of 40 days for the purposes of [subsection (5)](https://www.legislation.gov.uk/asp/2025/11/section/45/5/2026-02-01), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
- (8) The Scottish Ministers may by regulations modify this section in order to make provision about the frequency with which the Chief Inspector must review the inspection plan (including any revised inspection plan).
- (9) Before making regulations under [subsection (8)](https://www.legislation.gov.uk/asp/2025/11/section/45/8/2026-01-27), the Scottish Ministers must consult—
- (9) Before making regulations under [subsection (8)](https://www.legislation.gov.uk/asp/2025/11/section/45/8/2026-02-01), the Scottish Ministers must consult—
- (a) the Chief Inspector,
@@ -1202,11 +1202,11 @@
- (1) The Chief Inspector must—
- (a) secure the preparation of a report on the findings of each inspection carried out in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-01-27), and
- (a) secure the preparation of a report on the findings of each inspection carried out in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-02-01), and
- (b) publish each such report.
- (2) In preparing a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/a/2026-01-27), the Chief Inspector must have regard to any representations made by persons representing the interests of registered teachers or college teaching staff providing teaching or training in the inspected establishment.
- (2) In preparing a report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/a/2026-02-01), the Chief Inspector must have regard to any representations made by persons representing the interests of registered teachers or college teaching staff providing teaching or training in the inspected establishment.
- (3) Subsection (4) applies where an inspection is carried out in pursuance of section 38(2) in respect of a single relevant educational establishment or what the Chief Inspector considers to be connected relevant educational establishments.
@@ -1216,9 +1216,9 @@
- (b) before it is published.
- (5) The Chief Inspector must, as soon as reasonably practicable after it has been prepared, give the Scottish Ministers a copy of any report relating to an inspection requested by them under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/b/2026-01-27).
- (6) The Chief Inspector may lay a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/2026-01-27) before the Scottish Parliament.
- (5) The Chief Inspector must, as soon as reasonably practicable after it has been prepared, give the Scottish Ministers a copy of any report relating to an inspection requested by them under [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/b/2026-02-01).
- (6) The Chief Inspector may lay a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/46/1/2026-02-01) before the Scottish Parliament.
- (7) It is for the Chief Inspector to determine the form and content of each report.
@@ -1238,7 +1238,7 @@
- (c) at the same time as sending a copy of the report to the Scottish Ministers, lay a copy of the report before the Scottish Parliament.
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/47/1/2026-01-27) must include—
- (2) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/47/1/2026-02-01) must include—
- (a) in relation to any advice provided by the Advisory Council during the financial year, a summary of—
@@ -1278,7 +1278,7 @@
- (7) The Scottish Ministers may by regulations modify this section so as to modify the meaning of “reporting period”.
- (8) Before making regulations under [subsection (7)](https://www.legislation.gov.uk/asp/2025/11/section/48/7/2026-01-27), the Scottish Ministers must consult—
- (8) Before making regulations under [subsection (7)](https://www.legislation.gov.uk/asp/2025/11/section/48/7/2026-02-01), the Scottish Ministers must consult—
- (a) the Chief Inspector,
@@ -1290,13 +1290,13 @@
##### 49
- (1) The Chief Inspector may, in addition to the reports published under sections [46](https://www.legislation.gov.uk/asp/2025/11/section/46/2026-01-27) to [48](https://www.legislation.gov.uk/asp/2025/11/section/48/2026-01-27), prepare and publish a report about any other matter relating to the Chief Inspector’s functions.
- (1) The Chief Inspector may, in addition to the reports published under sections [46](https://www.legislation.gov.uk/asp/2025/11/section/46/2026-02-01) to [48](https://www.legislation.gov.uk/asp/2025/11/section/48/2026-02-01), prepare and publish a report about any other matter relating to the Chief Inspector’s functions.
- (2) The Chief Inspector—
- (a) must send a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/49/1/2026-01-27) to the Scottish Ministers,
- (b) must, at the same time, lay a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/49/1/2026-01-27) before the Scottish Parliament.
- (a) must send a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/49/1/2026-02-01) to the Scottish Ministers,
- (b) must, at the same time, lay a copy of any report published under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/49/1/2026-02-01) before the Scottish Parliament.
#### Protection from actions of defamation
@@ -1324,9 +1324,9 @@
##### 52
- (1) A person carrying out an inspection of a relevant educational establishment in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27) may enter the establishment.
- (2) The power conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/52/1/2026-01-27)—
- (1) A person carrying out an inspection of a relevant educational establishment in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01) may enter the establishment.
- (2) The power conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/52/1/2026-02-01)—
- (a) must be exercised at a reasonable hour,
@@ -1334,7 +1334,7 @@
- (c) does not authorise entry by force.
- (3) A person who proposes to exercise the power conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/52/1/2026-01-27) must, if so requested, produce evidence of the person’s identity and authorisation to carry out the inspection (including, where applicable, the permission of the Scottish Ministers) before exercising the power.
- (3) A person who proposes to exercise the power conferred by [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/52/1/2026-02-01) must, if so requested, produce evidence of the person’s identity and authorisation to carry out the inspection (including, where applicable, the permission of the Scottish Ministers) before exercising the power.
- (4) A person carrying out an inspection may take onto the premises such other persons as the person carrying out the inspection considers necessary.
@@ -1350,17 +1350,17 @@
- (c) otherwise provide the persons carrying out the inspection with such assistance and co-operation as they reasonably require for the purposes of, or in connection with, the inspection of the establishment.
- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/53/1/2026-01-27), “*managers*”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.
- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/53/1/2026-02-01), “*managers*”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.
#### Offences
##### 54
- (1) A person commits an offence if the person fails, without reasonable excuse, to comply with the duty imposed by [section 53](https://www.legislation.gov.uk/asp/2025/11/section/53/2026-01-27).
- (1) A person commits an offence if the person fails, without reasonable excuse, to comply with the duty imposed by [section 53](https://www.legislation.gov.uk/asp/2025/11/section/53/2026-02-01).
- (2) A person commits an offence if the person intentionally obstructs an Inspector or other person in the carrying out of an inspection of a relevant educational establishment under this Part.
- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/54/1/2026-01-27) or [(2)](https://www.legislation.gov.uk/asp/2025/11/section/54/2/2026-01-27) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/54/1/2026-02-01) or [(2)](https://www.legislation.gov.uk/asp/2025/11/section/54/2/2026-02-01) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
### Enforcement following school-related inspections
@@ -1368,7 +1368,7 @@
##### 55
- (1) [This section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-01-27) applies where, after an inspection carried out in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-01-27) of a public school, a grant-aided school or an education authority, the report on the inspection prepared under [section 46](https://www.legislation.gov.uk/asp/2025/11/section/46/2026-01-27) identifies that a relevant person requires to take action to secure improvement in—
- (1) [This section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-02-01) applies where, after an inspection carried out in pursuance of [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/38/2/2026-02-01) of a public school, a grant-aided school or an education authority, the report on the inspection prepared under [section 46](https://www.legislation.gov.uk/asp/2025/11/section/46/2026-02-01) identifies that a relevant person requires to take action to secure improvement in—
- (a) in the case of inspection of a school, a matter relating to the school or the school education provided in it,
@@ -1380,17 +1380,17 @@
- (b) having regard to the seriousness of the failure, an enforcement direction is justified.
- (3) A referral under [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-01-27) must—
- (3) A referral under [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-02-01) must—
- (a) be in writing,
- (b) specify the failure mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/a/2026-01-27), and
- (b) specify the failure mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/a/2026-02-01), and
- (c) include recommendations as to the action which, in the opinion of the Chief Inspector, the relevant person requires to take to remedy, or prevent the recurrence of, the failure.
- (4) Where a referral is made under [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-01-27), the Chief Inspector must inform the relevant person of that fact.
- (5) For the purposes of [this section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-01-27) and [sections 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-01-27) and [57](https://www.legislation.gov.uk/asp/2025/11/section/57/2026-01-27)—
- (4) Where a referral is made under [subsection (2)](https://www.legislation.gov.uk/asp/2025/11/section/55/2/2026-02-01), the Chief Inspector must inform the relevant person of that fact.
- (5) For the purposes of [this section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-02-01) and [sections 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-02-01) and [57](https://www.legislation.gov.uk/asp/2025/11/section/57/2026-02-01)—
- (a) “*relevant person*” means—
@@ -1398,13 +1398,13 @@
- (ii) in relation to the inspection of a grant-aided school, the managers of the school,
- (b) any expression used in [this section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-01-27) and in the Education (Scotland) Act 1980 has the same meaning as in that Act.
- (b) any expression used in [this section](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-02-01) and in the Education (Scotland) Act 1980 has the same meaning as in that Act.
#### Preliminary notice of enforcement action
##### 56
- (1) The Scottish Ministers may give a preliminary notice to a relevant person where, on a referral under [section 55](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-01-27), it appears to the Scottish Ministers that—
- (1) The Scottish Ministers may give a preliminary notice to a relevant person where, on a referral under [section 55](https://www.legislation.gov.uk/asp/2025/11/section/55/2026-02-01), it appears to the Scottish Ministers that—
- (a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and
@@ -1412,7 +1412,7 @@
- (2) A preliminary notice is a notice which—
- (a) informs the relevant person of the failure mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/a/2026-01-27), and
- (a) informs the relevant person of the failure mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/a/2026-02-01), and
- (b) requires the relevant person to submit to the Scottish Ministers, within such period as is specified in the notice, a written response which—
@@ -1424,21 +1424,21 @@
##### 57
- (1) The Scottish Ministers may give a relevant person an enforcement direction where, following service under [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/2026-01-27) of a preliminary notice, it appears to the Scottish Ministers that—
- (1) The Scottish Ministers may give a relevant person an enforcement direction where, following service under [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/56/1/2026-02-01) of a preliminary notice, it appears to the Scottish Ministers that—
- (a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and
- (b) having regard to the seriousness of the failure, an enforcement direction is justified.
- (2) The Scottish Ministers may give an enforcement direction under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/2026-01-27) only after whichever is the earlier of—
- (a) receipt of the written response mentioned in [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/56/2/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/56/2/b/2026-01-27),
- (2) The Scottish Ministers may give an enforcement direction under [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/2026-02-01) only after whichever is the earlier of—
- (a) receipt of the written response mentioned in [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/56/2/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/56/2/b/2026-02-01),
- (b) the expiry of the period specified in the preliminary notice.
- (3) An enforcement direction is a direction in writing by the Scottish Ministers—
- (a) requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/a/2026-01-27)), and
- (a) requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/57/1/a/2026-02-01)), and
- (b) with which the recipient must comply.
@@ -1454,7 +1454,7 @@
- (5) The Scottish Ministers may—
- (a) vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-01-27)),
- (a) vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under [section 56](https://www.legislation.gov.uk/asp/2025/11/section/56/2026-02-01)),
- (b) revoke an enforcement direction.
@@ -1474,7 +1474,7 @@
##### 58
In publishing a document under [this Part](https://www.legislation.gov.uk/asp/2025/11/part/1/2026-01-27), the Chief Inspector must have regard to the importance of communicating in an inclusive way that best meets the needs of—
In publishing a document under [this Part](https://www.legislation.gov.uk/asp/2025/11/part/1/2026-02-01), the Chief Inspector must have regard to the importance of communicating in an inclusive way that best meets the needs of—
- (a) children and young people,
@@ -1494,7 +1494,7 @@
##### 59
[Schedule 3](https://www.legislation.gov.uk/asp/2025/11/schedule/3/2026-01-27) makes provision about the transfer of the staff and property of the Scottish Qualifications Authority to Qualifications Scotland.
[Schedule 3](https://www.legislation.gov.uk/asp/2025/11/schedule/3/2026-02-01) makes provision about the transfer of the staff and property of the Scottish Qualifications Authority to Qualifications Scotland.
#### Dissolution of the Scottish Qualifications Authority
@@ -1516,7 +1516,7 @@
- (5) In this section—
- “*dissolution date*” means the day on which [section 60](https://www.legislation.gov.uk/asp/2025/11/section/60/2026-01-27) comes into force,
- “*dissolution date*” means the day on which [section 60](https://www.legislation.gov.uk/asp/2025/11/section/60/2026-02-01) comes into force,
- “*relevant thing*” means anything which, if it were to be done on or after the dissolution date, would be done by or in relation to Qualifications Scotland.
@@ -1532,11 +1532,11 @@
- (1) In this Act—
- “*Accreditation Committee*” means the committee established under [paragraph 13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-01-27) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27),
- “*Accreditation Committee*” means the committee established under [paragraph 13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-02-01) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01),
- “*additional support needs*” is to be construed in accordance with section 1 of the Education (Additional Support for Learning) (Scotland) Act 2004,
- “*Advisory Council*” means the council established by the Chief Inspector in accordance with [section 44](https://www.legislation.gov.uk/asp/2025/11/section/44/2026-01-27),
- “*Advisory Council*” means the council established by the Chief Inspector in accordance with [section 44](https://www.legislation.gov.uk/asp/2025/11/section/44/2026-02-01),
- “*British Sign Language*” is to be construed in accordance with section 5(1) of the British Sign Language (Scotland) Act 2015,
@@ -1548,7 +1548,7 @@
- “*college teaching staff*” means persons employed as teaching staff by colleges of further education, within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,
- “*Deputy Chief Inspector*” means the Deputy Chief Inspector of Education in Scotland appointed under [section 34](https://www.legislation.gov.uk/asp/2025/11/section/34/2026-01-27),
- “*Deputy Chief Inspector*” means the Deputy Chief Inspector of Education in Scotland appointed under [section 34](https://www.legislation.gov.uk/asp/2025/11/section/34/2026-02-01),
- “*education authority*” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,
@@ -1562,7 +1562,7 @@
- “*Gaelic medium education*” means teaching and learning by means of the Gaelic language,
- “*Inspectors*” means His Majesty’s Inspectors of Education in Scotland appointed under [section 35](https://www.legislation.gov.uk/asp/2025/11/section/35/2026-01-27),
- “*Inspectors*” means His Majesty’s Inspectors of Education in Scotland appointed under [section 35](https://www.legislation.gov.uk/asp/2025/11/section/35/2026-02-01),
- “*Learner Interest Committee*” means the committee established in accordance with paragraph 11 of schedule 1,
@@ -1570,11 +1570,11 @@
- “*registered teacher*” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,
- “*relevant educational establishment*” has the meaning given by [section 39](https://www.legislation.gov.uk/asp/2025/11/section/39/2026-01-27),
- “*relevant educational establishment*” has the meaning given by [section 39](https://www.legislation.gov.uk/asp/2025/11/section/39/2026-02-01),
- “*Scots language*” means the Scots language as used in Scotland,
- “*Strategic Advisory Council*” means the council established in connection with Qualifications Scotland by virtue of [section 9](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-01-27),
- “*Strategic Advisory Council*” means the council established in connection with Qualifications Scotland by virtue of [section 9](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-02-01),
- “*Teacher and Practitioner Interest Committee*” means the committee established in accordance with paragraph 12 of schedule 1.
@@ -1592,35 +1592,35 @@
- (2) Regulations under any of the following provisions are subject to the affirmative procedure—
- (a) [section 37](https://www.legislation.gov.uk/asp/2025/11/section/37/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/37/2/2026-01-27),
- (b) [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-01-27)[(4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-01-27),
- (c) [section 39](https://www.legislation.gov.uk/asp/2025/11/section/39/2026-01-27)[(6)](https://www.legislation.gov.uk/asp/2025/11/section/39/6/2026-01-27),
- (d) [section 45](https://www.legislation.gov.uk/asp/2025/11/section/45/2026-01-27)[(8)](https://www.legislation.gov.uk/asp/2025/11/section/45/8/2026-01-27),
- (e) [section 48](https://www.legislation.gov.uk/asp/2025/11/section/48/2026-01-27)[(7)](https://www.legislation.gov.uk/asp/2025/11/section/48/7/2026-01-27).
- (a) [section 37](https://www.legislation.gov.uk/asp/2025/11/section/37/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/37/2/2026-02-01),
- (b) [section 38](https://www.legislation.gov.uk/asp/2025/11/section/38/2026-02-01)[(4)](https://www.legislation.gov.uk/asp/2025/11/section/38/4/2026-02-01),
- (c) [section 39](https://www.legislation.gov.uk/asp/2025/11/section/39/2026-02-01)[(6)](https://www.legislation.gov.uk/asp/2025/11/section/39/6/2026-02-01),
- (d) [section 45](https://www.legislation.gov.uk/asp/2025/11/section/45/2026-02-01)[(8)](https://www.legislation.gov.uk/asp/2025/11/section/45/8/2026-02-01),
- (e) [section 48](https://www.legislation.gov.uk/asp/2025/11/section/48/2026-02-01)[(7)](https://www.legislation.gov.uk/asp/2025/11/section/48/7/2026-02-01).
- (3) Regulations under any of the following provisions are subject to the negative procedure—
- (a) [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-01-27)[(3)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/a/2026-01-27) or [(b)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/b/2026-01-27)[(i)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/b/i/2026-01-27),
- (b) [section 9](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/9/1/2026-01-27),
- (c) [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2/2026-01-27) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27),
- (d) [paragraph 14](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-01-27)[(6)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/6/2026-01-27) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27),
- (e) [paragraph 5](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2/2026-01-27) of [schedule 3](https://www.legislation.gov.uk/asp/2025/11/schedule/3/2026-01-27).
- (4) Regulations under section [65](https://www.legislation.gov.uk/asp/2025/11/section/65/2026-01-27)—
- (a) [section 7](https://www.legislation.gov.uk/asp/2025/11/section/7/2026-02-01)[(3)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/a/2026-02-01) or [(b)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/b/2026-02-01)[(i)](https://www.legislation.gov.uk/asp/2025/11/section/7/3/b/i/2026-02-01),
- (b) [section 9](https://www.legislation.gov.uk/asp/2025/11/section/9/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/9/1/2026-02-01),
- (c) [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2/2026-02-01) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01),
- (d) [paragraph 14](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-02-01)[(6)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/6/2026-02-01) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01),
- (e) [paragraph 5](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2/2026-02-01) of [schedule 3](https://www.legislation.gov.uk/asp/2025/11/schedule/3/2026-02-01).
- (4) Regulations under section [65](https://www.legislation.gov.uk/asp/2025/11/section/65/2026-02-01)—
- (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,
- (b) otherwise, are subject to the negative procedure.
- (5) [This section](https://www.legislation.gov.uk/asp/2025/11/section/64/2026-01-27) does not apply to regulations under [section 66](https://www.legislation.gov.uk/asp/2025/11/section/66/2026-01-27).
- (5) [This section](https://www.legislation.gov.uk/asp/2025/11/section/64/2026-02-01) does not apply to regulations under [section 66](https://www.legislation.gov.uk/asp/2025/11/section/66/2026-02-01).
#### Ancillary provision
@@ -1634,13 +1634,13 @@
##### 66
- (1) Sections [63](https://www.legislation.gov.uk/asp/2025/11/section/63/2026-01-27) to [65](https://www.legislation.gov.uk/asp/2025/11/section/65/2026-01-27), this section and section [67](https://www.legislation.gov.uk/asp/2025/11/section/67/2026-01-27) come into force on the day after Royal Assent.
- (1) Sections [63](https://www.legislation.gov.uk/asp/2025/11/section/63/2026-02-01) to [65](https://www.legislation.gov.uk/asp/2025/11/section/65/2026-02-01), this section and section [67](https://www.legislation.gov.uk/asp/2025/11/section/67/2026-02-01) come into force on the day after Royal Assent.
- (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
- (3) Regulations bringing the following provisions into force may be made only once the Scottish Qualifications Authority has no functions exercisable otherwise than in or as regards Scotland—
- (a) [section 60](https://www.legislation.gov.uk/asp/2025/11/section/60/2026-01-27) (dissolution of the Scottish Qualifications Authority),
- (a) [section 60](https://www.legislation.gov.uk/asp/2025/11/section/60/2026-02-01) (dissolution of the Scottish Qualifications Authority),
- (b) paragraph 11 of schedule 4 (repeal of Part 1 and associated schedules of the Education (Scotland) Act 1996).
@@ -1684,15 +1684,15 @@
- (b) a member appointed by the Scottish Ministers to be the convener of the Accreditation Committee,
- (c) the chief executive appointed under [paragraph 8](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/1/a/2026-01-27),
- (c) the chief executive appointed under [paragraph 8](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8/1/a/2026-02-01),
- (d) at least 8 but no more than 12 other members appointed by the Scottish Ministers, and
- (e) any co-opted members appointed by Qualifications Scotland under paragraph 7.
- (2) The Scottish Ministers may by regulations amend [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-01-27)[(d)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/d/2026-01-27) by substituting a different number for any number for the time being specified there.
- (3) Before making regulations under [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2/2026-01-27), the Scottish Ministers must consult Qualifications Scotland.
- (2) The Scottish Ministers may by regulations amend [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-02-01)[(d)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/d/2026-02-01) by substituting a different number for any number for the time being specified there.
- (3) Before making regulations under [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2/2026-02-01), the Scottish Ministers must consult Qualifications Scotland.
#### Appointment as a member: criteria
@@ -1704,7 +1704,7 @@
- (a) one or more persons who appear to the Scottish Ministers to have knowledge of the interests of persons undertaking a relevant qualification,
- (b) 5 or more persons who are (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/3/2026-01-27))—
- (b) 5 or more persons who are (subject to [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/3/2026-02-01))—
- (i) registered teachers providing relevant teaching or training in schools, or
@@ -1714,11 +1714,11 @@
- (d) one or more persons who appear to the Scottish Ministers to have knowledge of the skills relevant to business and industry.
- (3) In appointing persons to satisfy [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-01-27), the Scottish Ministers must ensure that—
- (3) In appointing persons to satisfy [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-02-01), the Scottish Ministers must ensure that—
- (a) the total number of persons appointed to satisfy that sub-paragraph amounts to more than one third of the total number of members of Qualifications Scotland, and
- (b) any difference between the number of persons appointed to satisfy [sub-paragraphs (i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/i/2026-01-27) and [(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/ii/2026-01-27) is no more than one.
- (b) any difference between the number of persons appointed to satisfy [sub-paragraphs (i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/i/2026-02-01) and [(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/ii/2026-02-01) is no more than one.
- (4) If a member appointed to satisfy sub-paragraph (2)(b)(i) or (ii) ceases to be a person mentioned in that sub-paragraph—
@@ -1726,17 +1726,17 @@
- (b) the Scottish Ministers must have regard to the desirability of appointing as a member, as soon as reasonably practicable, a person who is mentioned in sub-paragraph (2)(b).
- (5) Before inviting applications for appointment of a member whose appointment is intended to satisfy a paragraph of [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-01-27), the Scottish Ministers must consult the following persons as to the knowledge and any other attributes that those seeking appointment in satisfaction of the relevant paragraph should possess—
- (a) in the case of [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/5/a/2026-01-27), such persons as the Scottish Ministers consider representative of persons undertaking a relevant qualification,
- (b) in the case of [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-01-27)[(i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/i/2026-01-27), such persons as the Scottish Ministers consider representative of the interests of registered teachers providing relevant teaching or training in schools,
- (c) in the case of [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-01-27)[(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/ii/2026-01-27), such persons as the Scottish Ministers consider representative of the interests of college teaching staff providing relevant teaching or training,
- (d) in the case of [paragraph (c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/c/2026-01-27), such persons as the Scottish Ministers consider representative of the interests of staff of Qualifications Scotland,
- (e) in the case of [paragraph (d)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/d/2026-01-27), such persons as the Scottish Ministers consider representative of the skills development sector.
- (5) Before inviting applications for appointment of a member whose appointment is intended to satisfy a paragraph of [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-02-01), the Scottish Ministers must consult the following persons as to the knowledge and any other attributes that those seeking appointment in satisfaction of the relevant paragraph should possess—
- (a) in the case of [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/5/a/2026-02-01), such persons as the Scottish Ministers consider representative of persons undertaking a relevant qualification,
- (b) in the case of [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-02-01)[(i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/i/2026-02-01), such persons as the Scottish Ministers consider representative of the interests of registered teachers providing relevant teaching or training in schools,
- (c) in the case of [paragraph (b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-02-01)[(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/ii/2026-02-01), such persons as the Scottish Ministers consider representative of the interests of college teaching staff providing relevant teaching or training,
- (d) in the case of [paragraph (c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/c/2026-02-01), such persons as the Scottish Ministers consider representative of the interests of staff of Qualifications Scotland,
- (e) in the case of [paragraph (d)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/d/2026-02-01), such persons as the Scottish Ministers consider representative of the skills development sector.
- (6) Before inviting applications for appointment of a member whose appointment is intended to satisfy sub-paragraph (2)(a), the Scottish Ministers must take such steps as they consider appropriate to encourage applications from those who are—
@@ -1760,15 +1760,15 @@
- (ii) as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,
- (iii) under a disqualification provision analogous to either of those mentioned in [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/i/2026-01-27) or [(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/ii/2026-01-27) anywhere in the world.
- (8) [Sub-paragraph (7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/2026-01-27) does not apply to a person who is disqualified as mentioned in that sub-paragraph only by—
- (iii) under a disqualification provision analogous to either of those mentioned in [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/i/2026-02-01) or [(ii)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/ii/2026-02-01) anywhere in the world.
- (8) [Sub-paragraph (7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/b/2026-02-01) does not apply to a person who is disqualified as mentioned in that sub-paragraph only by—
- (a) section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),
- (b) section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts etc. from being charity trustees), or
- (c) a provision analogous to either of those mentioned in [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/8/a/2026-01-27) or [(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/8/b/2026-01-27) anywhere in the world.
- (c) a provision analogous to either of those mentioned in [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/8/a/2026-02-01) or [(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/8/b/2026-02-01) anywhere in the world.
- (9) The Scottish Ministers must, when appointing members of Qualifications Scotland, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.
@@ -1786,7 +1786,7 @@
- (b) any steps mentioned in sub-paragraph (6) were taken,
before the Bill for this Act was passed or after that but before [this](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-01-27)paragraph comes into force.
before the Bill for this Act was passed or after that but before [this](https://www.legislation.gov.uk/asp/2025/11/section/11/2026-02-01)paragraph comes into force.
#### Period and conditions of membership
@@ -1820,11 +1820,11 @@
- (a) the person resigns by giving written notice to the Scottish Ministers,
- (b) during the person’s period of appointment, the person becomes ineligible to be appointed as a member under [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-01-27)[(7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/2026-01-27), or
- (b) during the person’s period of appointment, the person becomes ineligible to be appointed as a member under [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-02-01)[(7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/7/2026-02-01), or
- (c) the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.
- (2) The Scottish Ministers may remove a member of Qualifications Scotland by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/2026-01-27)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/c/2026-01-27) only if—
- (2) The Scottish Ministers may remove a member of Qualifications Scotland by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/2026-02-01)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/c/2026-02-01) only if—
- (a) the member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),
@@ -1854,7 +1854,7 @@
- (1) Qualifications Scotland may appoint a person as a co-opted member of Qualifications Scotland.
- (2) Qualifications Scotland may make an appointment under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/1/2026-01-27) only—
- (2) Qualifications Scotland may make an appointment under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/1/2026-02-01) only—
- (a) with the consent of the Scottish Ministers, and
@@ -1874,7 +1874,7 @@
- (b) may be reappointed on one or more occasions, provided that the total period of reappointment does not exceed 2 years.
- (6) Sub-paragraph [(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/2/2026-01-27) applies to a re-appointment made under [sub-paragraph (5)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/5/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/5/b/2026-01-27) as it applies to an appointment made under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/1/2026-01-27).
- (6) Sub-paragraph [(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/2/2026-02-01) applies to a re-appointment made under [sub-paragraph (5)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/5/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/5/b/2026-02-01) as it applies to an appointment made under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/1/2026-02-01).
- (7) A person may not be appointed (or re-appointed) as a co-opted member if the person may not be appointed as a member under paragraph 3(7).
@@ -1882,11 +1882,11 @@
- (a) the person resigns by giving written notice to Qualifications Scotland,
- (b) during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under [sub-paragraph (7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/7/2026-01-27), or
- (b) during the person’s period of appointment, the person becomes ineligible to be appointed as a co-opted member under [sub-paragraph (7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/7/2026-02-01), or
- (c) Qualifications Scotland or the Scottish Ministers give the person written notice that the person is removed from Qualifications Scotland.
- (9) Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of [sub-paragraph (8)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/8/2026-01-27)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/8/c/2026-01-27) only if—
- (9) Qualifications Scotland or the Scottish Ministers may remove a co-opted member by virtue of [sub-paragraph (8)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/8/2026-02-01)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/7/8/c/2026-02-01) only if—
- (a) the co-opted member is apparently insolvent (within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016),
@@ -1916,7 +1916,7 @@
- (c) a chief accreditation officer.
- (2) The chief examiner is to be appointed by Qualifications Scotland to undertake such role relating to Qualification Scotland’s functions under sections 2 and 3 as Qualifications Scotland determines, but that role must include responding to written advice provided to Qualifications Scotland by the Expert Group on Qualifications Standards under [section 10](https://www.legislation.gov.uk/asp/2025/11/section/10/2026-01-27).
- (2) The chief examiner is to be appointed by Qualifications Scotland to undertake such role relating to Qualification Scotland’s functions under sections 2 and 3 as Qualifications Scotland determines, but that role must include responding to written advice provided to Qualifications Scotland by the Expert Group on Qualifications Standards under [section 10](https://www.legislation.gov.uk/asp/2025/11/section/10/2026-02-01).
- (3) The chief accreditation officer—
@@ -1946,7 +1946,7 @@
- (b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.
- (3) The reference in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/9/1/2026-01-27) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (3) The reference in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/9/1/2026-02-01) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
## Part 4 — Procedure
@@ -1956,7 +1956,7 @@
##### 10
- (1) In addition to those established in accordance with [paragraphs 11](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/2026-01-27) to [13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-01-27), Qualifications Scotland—
- (1) In addition to those established in accordance with [paragraphs 11](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/2026-02-01) to [13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-02-01), Qualifications Scotland—
- (a) may establish such further committees as it sees fit,
@@ -1966,9 +1966,9 @@
- (3) Qualifications Scotland may pay such remuneration and allowances (including expenses) as the Scottish Ministers determine to each member of a committee or sub-committee who is not a member of, or member of staff of, Qualifications Scotland.
- (4) Subject to [paragraph 13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-01-27)[(3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/3/a/2026-01-27), a committee or sub-committee must comply with any directions given to it by Qualifications Scotland.
- (5) If Qualifications Scotland establishes a committee under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/1/2026-01-27) with functions which primarily concern the governance of the staff of Qualifications Scotland, the convener of the committee must be a member appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-01-27)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/c/2026-01-27).
- (4) Subject to [paragraph 13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/2026-02-01)[(3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13/3/a/2026-02-01), a committee or sub-committee must comply with any directions given to it by Qualifications Scotland.
- (5) If Qualifications Scotland establishes a committee under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/1/2026-02-01) with functions which primarily concern the governance of the staff of Qualifications Scotland, the convener of the committee must be a member appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-02-01)[(c)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/c/2026-02-01).
#### The Learner Interest Committee
@@ -1980,19 +1980,19 @@
- (3) The committee—
- (a) may include one member of Qualifications Scotland who was appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/a/2026-01-27),
- (b) other than any appointment made under [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-01-27), must consist of—
- (a) may include one member of Qualifications Scotland who was appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/a/2026-02-01),
- (b) other than any appointment made under [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-02-01), must consist of—
- (i) children and young people (whether or not they have experience in relation to undertaking a Qualifications Scotland qualification), and
- (ii) other persons who are undertaking, or have recent experience of undertaking, a Qualifications Scotland qualification.
- (4) The committee members appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/2026-01-27) must not include persons who are members of, or members of staff of, Qualifications Scotland.
- (5) In the event that a committee member is appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-01-27), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.
- (6) A committee member appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-01-27) is not entitled to vote at any meeting of the committee.
- (4) The committee members appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/2026-02-01) must not include persons who are members of, or members of staff of, Qualifications Scotland.
- (5) In the event that a committee member is appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-02-01), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.
- (6) A committee member appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/a/2026-02-01) is not entitled to vote at any meeting of the committee.
- (7) In appointing persons to the committee, Qualifications Scotland must—
@@ -2024,7 +2024,7 @@
- (b) Qualifications Scotland otherwise considers it appropriate to do so.
- (11) For the purposes of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/2026-01-27)[(i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/i/2026-01-27), “*children and young people*” means persons under the age of 18.
- (11) For the purposes of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/2026-02-01)[(i)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/3/b/i/2026-02-01), “*children and young people*” means persons under the age of 18.
#### The Teacher and Practitioner Interest Committee
@@ -2036,19 +2036,19 @@
- (3) The committee—
- (a) may include one member of Qualifications Scotland who was appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-01-27)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-01-27),
- (b) other than any appointment made under [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-01-27), must consist of—
- (a) may include one member of Qualifications Scotland who was appointed to satisfy [paragraph 3](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2026-02-01)[(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/3/2/b/2026-02-01),
- (b) other than any appointment made under [paragraph (a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-02-01), must consist of—
- (i) one or more persons who are undertaking, or who have recent experience of undertaking, training to be teachers in schools, and
- (ii) persons who are providing teaching or training, or have recent experience of providing teaching or training, in respect of a Qualifications Scotland qualification.
- (4) The committee members appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/b/2026-01-27) must not include persons who are members of, or members of staff of, Qualifications Scotland.
- (5) In the event that a committee member is appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-01-27), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.
- (6) A committee member appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-01-27) is not entitled to vote at any meeting of the committee.
- (4) The committee members appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/b/2026-02-01) must not include persons who are members of, or members of staff of, Qualifications Scotland.
- (5) In the event that a committee member is appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-02-01), Qualifications Scotland must appoint that committee member and another committee member as co-conveners of the committee.
- (6) A committee member appointed by virtue of [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/3/a/2026-02-01) is not entitled to vote at any meeting of the committee.
- (7) In appointing persons to the committee, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.
@@ -2080,7 +2080,7 @@
- (2) The functions of the committee are to—
- (a) carry out the function conferred by [section 4](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/2026-01-27),
- (a) carry out the function conferred by [section 4](https://www.legislation.gov.uk/asp/2025/11/section/4/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/4/1/2026-02-01),
- (b) advise the Scottish Ministers on any matters relating to that function.
@@ -2092,7 +2092,7 @@
- (4) The committee is to consist of—
- (a) the convener appointed under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/b/2026-01-27), and
- (a) the convener appointed under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/b/2026-02-01), and
- (b) individuals appointed by the convener as committee members, a majority of whom must not be members of Qualifications Scotland.
@@ -2126,7 +2126,7 @@
- (3) Qualifications Scotland must take reasonable steps to promote attendance at its public meetings by members of the public.
- (4) The power to give directions with which compliance is required under [paragraph 10](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/2026-01-27)[(4)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/4/2026-01-27) includes the power for Qualifications Scotland to direct its committees or sub-committees—
- (4) The power to give directions with which compliance is required under [paragraph 10](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/2026-02-01)[(4)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10/4/2026-02-01) includes the power for Qualifications Scotland to direct its committees or sub-committees—
- (a) to open at least one of their meetings each financial year to the public, and
@@ -2136,13 +2136,13 @@
- (6) The Scottish Ministers may by regulations make such further provision as they see fit in relation to the procedure (including quorum) of Qualifications Scotland and that of any of its committees or sub-committees.
- (7) Subject to [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-01-27) and any regulations made under it, Qualifications Scotland may regulate its own procedure (including quorum) and that of any of its committees or sub-committees other than—
- (7) Subject to [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-02-01) and any regulations made under it, Qualifications Scotland may regulate its own procedure (including quorum) and that of any of its committees or sub-committees other than—
- (a) the Accreditation Committee,
- (b) any sub-committee of the Accreditation Committee.
- (8) Subject to [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-01-27) and any regulations made under it, the Accreditation Committee may regulate its own procedure (including quorum) and that of any of its sub-committees.
- (8) Subject to [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14/2026-02-01) and any regulations made under it, the Accreditation Committee may regulate its own procedure (including quorum) and that of any of its sub-committees.
#### Authority to perform functions
@@ -2162,11 +2162,11 @@
- (2) But Qualifications Scotland may not authorise another person to perform any of the following functions—
- (a) approving its corporate plan for submission to the Scottish Ministers under [section 16](https://www.legislation.gov.uk/asp/2025/11/section/16/2026-01-27),
- (b) approving its annual report prepared under [section 17](https://www.legislation.gov.uk/asp/2025/11/section/17/2026-01-27),
- (c) approving its accounts for submission to the Scottish Ministers under section [20](https://www.legislation.gov.uk/asp/2025/11/section/20/2026-01-27),
- (a) approving its corporate plan for submission to the Scottish Ministers under [section 16](https://www.legislation.gov.uk/asp/2025/11/section/16/2026-02-01),
- (b) approving its annual report prepared under [section 17](https://www.legislation.gov.uk/asp/2025/11/section/17/2026-02-01),
- (c) approving its accounts for submission to the Scottish Ministers under section [20](https://www.legislation.gov.uk/asp/2025/11/section/20/2026-02-01),
- (d) the functions of the Accreditation Committee.
@@ -2182,11 +2182,11 @@
- (4) But the Accreditation Committee may not authorise another person to perform any of the following functions—
- (a) approving the corporate plan prepared under [section 24](https://www.legislation.gov.uk/asp/2025/11/section/24/2026-01-27),
- (b) approving the annual report prepared under [section 25](https://www.legislation.gov.uk/asp/2025/11/section/25/2026-01-27).
- (5) The giving of authority under [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/15/2026-01-27) to perform a function does not—
- (a) approving the corporate plan prepared under [section 24](https://www.legislation.gov.uk/asp/2025/11/section/24/2026-02-01),
- (b) approving the annual report prepared under [section 25](https://www.legislation.gov.uk/asp/2025/11/section/25/2026-02-01).
- (5) The giving of authority under [this paragraph](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/15/2026-02-01) to perform a function does not—
- (a) affect Qualifications Scotland’s or (as the case may be) the Accreditation Committee’s responsibility for the performance of the function, or
@@ -2218,7 +2218,7 @@
- (b) a defect in the appointment of a member or the chief executive,
- (c) a person’s membership ending by virtue of [paragraph 5](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/b/2026-01-27).
- (c) a person’s membership ending by virtue of [paragraph 5](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/5/1/b/2026-02-01).
## Schedule 2
@@ -2236,7 +2236,7 @@
- (1) In performing the Chief Inspector’s functions, the Chief Inspector is not subject to the direction or control of any member of the Scottish Government.
- (2) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/2/paragraph/2/1/2026-01-27) is subject to any contrary provision in this or any other enactment.
- (2) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/2/paragraph/2/1/2026-02-01) is subject to any contrary provision in this or any other enactment.
## Part 2 — Appointment and terms
@@ -2278,7 +2278,7 @@
- (1) The Chief Inspector may authorise an Inspector to perform such of the Chief Inspector’s functions (and to such extent) as the Chief Inspector may determine.
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/2/paragraph/6/1/2026-01-27) is without prejudice to the ability of the Deputy Chief Inspector to perform the Chief Inspector’s functions when deputising for the Chief Inspector under [section 34](https://www.legislation.gov.uk/asp/2025/11/section/34/2026-01-27).
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/2/paragraph/6/1/2026-02-01) is without prejudice to the ability of the Deputy Chief Inspector to perform the Chief Inspector’s functions when deputising for the Chief Inspector under [section 34](https://www.legislation.gov.uk/asp/2025/11/section/34/2026-02-01).
- (3) The giving of authority under this paragraph to perform a function does not—
@@ -2322,13 +2322,13 @@
- (1) With effect from the transfer date, any person who, immediately before that date, was employed by the Scottish Qualifications Authority, is transferred into the employment of Qualifications Scotland.
- (2) The contract of employment of a person transferred by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-01-27)—
- (2) The contract of employment of a person transferred by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-02-01)—
- (a) is not terminated by the transfer, and
- (b) has effect from the transfer date as if originally made between the person and Qualifications Scotland.
- (3) Without prejudice to [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/2/2026-01-27), where a person is transferred by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-01-27)—
- (3) Without prejudice to [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/2/2026-02-01), where a person is transferred by virtue of [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-02-01)—
- (a) all the rights, powers, duties and liabilities of the Scottish Qualifications Authority under or in connection with the person’s contract of employment are transferred to Qualifications Scotland on the transfer date, and
@@ -2336,7 +2336,7 @@
- (4) If, before the transfer date, the person informs the Scottish Qualifications Authority that the person does not wish to become an employee of Qualifications Scotland—
- (a) sub-paragraphs [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-01-27) to [(3)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/3/2026-01-27) do not apply to the person, and
- (a) sub-paragraphs [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/1/2026-02-01) to [(3)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2/3/2026-02-01) do not apply to the person, and
- (b) the person’s contract of employment is terminated on the day before the transfer date.
@@ -2350,15 +2350,15 @@
##### 3
- (1) With effect from the transfer date, all property, rights, liabilities and obligations to which [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/2/2026-01-27) applies, are transferred to, and vest in, Qualifications Scotland.
- (2) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/1/2026-01-27) applies to—
- (1) With effect from the transfer date, all property, rights, liabilities and obligations to which [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/2/2026-02-01) applies, are transferred to, and vest in, Qualifications Scotland.
- (2) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/1/2026-02-01) applies to—
- (a) all property (including corporeal and incorporeal moveable property) which immediately before the transfer date was owned by the Scottish Qualifications Authority, and
- (b) all rights, liabilities and obligations which, immediately before the transfer date, subsisted in respect of the Scottish Qualifications Authority.
- (3) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/1/2026-01-27) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
- (3) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3/1/2026-02-01) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
#### Duty to secure vesting of foreign property
@@ -2370,9 +2370,9 @@
##### 5
- (1) The person who is, immediately before the date on which this paragraph fully comes into force (the “member appointment date”), the chairing member of the Scottish Qualifications Authority is, on that date, taken to have been appointed as the chairing member of Qualifications Scotland under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-01-27)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/a/2026-01-27) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27).
- (2) The Scottish Ministers may by regulations provide that a person who is, immediately before the member appointment date, a member (other than the chairing member) of the Scottish Qualifications Authority, is to be taken to have been appointed as a member of Qualifications Scotland under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-01-27) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-01-27).
- (1) The person who is, immediately before the date on which this paragraph fully comes into force (the “member appointment date”), the chairing member of the Scottish Qualifications Authority is, on that date, taken to have been appointed as the chairing member of Qualifications Scotland under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-02-01)[(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/a/2026-02-01) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01).
- (2) The Scottish Ministers may by regulations provide that a person who is, immediately before the member appointment date, a member (other than the chairing member) of the Scottish Qualifications Authority, is to be taken to have been appointed as a member of Qualifications Scotland under [paragraph 2](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/2/1/2026-02-01) of [schedule 1](https://www.legislation.gov.uk/asp/2025/11/schedule/1/2026-02-01).
- (3) Regulations under sub-paragraph (2) may provide that—
@@ -2386,7 +2386,7 @@
- (b) was a person mentioned in paragraph 3(2)(b)(i) or (as the case may be) (ii) of schedule 1 when appointed as a member of the Scottish Qualifications Authority.
- (5) A person who is a member of Qualifications Scotland by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/1/2026-01-27) or [(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2/2026-01-27) is referred to in this paragraph as an “*initial member*”.
- (5) A person who is a member of Qualifications Scotland by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/1/2026-02-01) or [(2)](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/5/2/2026-02-01) is referred to in this paragraph as an “*initial member*”.
- (6) Except as may be agreed between the Scottish Ministers and an initial member, the terms of the member’s appointment are the same as the terms on which the member was appointed as a member of the Scottish Qualifications Authority so far as consistent with this Act.
@@ -2602,9 +2602,9 @@
- (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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-01-27) 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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-01-27)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-01-27)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-01-27) of the Education (Scotland) Act 2025 as suitable for presenting persons for Qualifications Scotland qualifications”.
- (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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-02-01) 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](https://www.legislation.gov.uk/asp/2025/11/section/2/2026-02-01)[(1)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/2026-02-01)[(b)](https://www.legislation.gov.uk/asp/2025/11/section/2/1/b/2026-02-01) 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
@@ -3347,3 +3347,123 @@
[^key-d92daaeb306db27e8afbe67ec1886fe4]: [Sch. 4 para. 8(1)](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/8/1)[(2)(a)](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/8/2/a) in force at 1.12.2025 by [S.S.I. 2025/351](https://www.legislation.gov.uk/ssi/2025/351), [reg. 2](https://www.legislation.gov.uk/ssi/2025/351/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/351/schedule)
[^key-5b186cd6fbb5ca14a710c5d62077b1a1]: [S. 9](https://www.legislation.gov.uk/asp/2025/11/section/9) in force at 27.1.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/1)
[^key-7c0758e7fb57eeb703742e804ed707e5]: [Sch. 1 para. 11(1)-(7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/1), [(9)-(11)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/11/9) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-2fa67d94ef479216f13df6c96470aff9]: [Sch. 1 para. 12(1)-(7)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/1), [(9)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/9)[(10)](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/12/10) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-160e6a2672dacd8fa6e0296bfb7af579]: [S. 1(2)](https://www.legislation.gov.uk/asp/2025/11/section/1/2)[(3)](https://www.legislation.gov.uk/asp/2025/11/section/1/3) in force at 1.2.2026 in so far as not already in force by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-00166a847ff01cb84810a62e2e979fd8]: [S. 2](https://www.legislation.gov.uk/asp/2025/11/section/2) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-c55c1739adaccc58771fff564dbc63d6]: [S. 3](https://www.legislation.gov.uk/asp/2025/11/section/3) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-f09ebe53df6718e59ec920ef3f37e81f]: [S. 4](https://www.legislation.gov.uk/asp/2025/11/section/4) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-249b4ad76103107e8d6dc9845febf403]: [S. 5](https://www.legislation.gov.uk/asp/2025/11/section/5) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-1b6a64b6d89afa47ca0d28cdb08998b7]: [S. 6](https://www.legislation.gov.uk/asp/2025/11/section/6): functions made exercisable in or as regards places outwith Scotland (1.2.2026) by [The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350)](https://www.legislation.gov.uk/uksi/2025/1350), [arts. 1(4)](https://www.legislation.gov.uk/uksi/2025/1350/article/1/4), [2(1)](https://www.legislation.gov.uk/uksi/2025/1350/article/2/1); S.S.I. 2026/2, [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-5bbb748e5fe0dcc01c6e10a80ae3c201]: [S. 6](https://www.legislation.gov.uk/asp/2025/11/section/6) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-32ee694b056c44cc85e27527a3c47bd1]: [S. 7](https://www.legislation.gov.uk/asp/2025/11/section/7) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-13fcf0090fe58e99c54e4fe7a5395f97]: [S. 8(1)](https://www.legislation.gov.uk/asp/2025/11/section/8/1)[(2)](https://www.legislation.gov.uk/asp/2025/11/section/8/2) in force at 1.2.2026 coming into force in accordance with reg. 2(8) by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(8)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/8)
[^key-ea7658647e1cc5c5f49e481df92a7120]: [S. 8(2)](https://www.legislation.gov.uk/asp/2025/11/section/8/2) in force at 1.2.2026 for specified purposes by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-4097d08a002782c0063cdebe6115de5f]: [S. 8(3)](https://www.legislation.gov.uk/asp/2025/11/section/8/3)[(4)](https://www.legislation.gov.uk/asp/2025/11/section/8/4)[(5)](https://www.legislation.gov.uk/asp/2025/11/section/8/5) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-bf1048bcc577c791ef64d209a51a70d7]: [S. 10](https://www.legislation.gov.uk/asp/2025/11/section/10) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-5b0781e14e8961735107a780c61aa13d]: [S. 14](https://www.legislation.gov.uk/asp/2025/11/section/14) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-555dd7b267a7335e115c5651d090e2bf]: [S. 15](https://www.legislation.gov.uk/asp/2025/11/section/15) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-5d4106167b53eabab9847eb1eba7c5ea]: [S. 16](https://www.legislation.gov.uk/asp/2025/11/section/16) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1) (with [reg. 3](https://www.legislation.gov.uk/ssi/2026/2/regulation/3))
[^key-6e5515f035a8a7c5b864a20e912d2bd3]: [S. 20](https://www.legislation.gov.uk/asp/2025/11/section/20) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-2fe9d40e88489f64ad6eb6b7e2303df3]: [S. 21](https://www.legislation.gov.uk/asp/2025/11/section/21) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-53fbbfd910eb68556e1d98052387183c]: [S. 22](https://www.legislation.gov.uk/asp/2025/11/section/22) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-54f2616a9c29efddc1d66d688b075e4f]: [S. 23](https://www.legislation.gov.uk/asp/2025/11/section/23) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-eb35f5b72f7d3d0f1ce7e386f92a3ad5]: [S. 24](https://www.legislation.gov.uk/asp/2025/11/section/24) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-be6dfdfdee59bb5468e20f14e22c4993]: [S. 26](https://www.legislation.gov.uk/asp/2025/11/section/26) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-f0ccfdf4891c4c096be5ef9b7f9c4cf2]: [S. 27](https://www.legislation.gov.uk/asp/2025/11/section/27) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-829b5a5f07d24b887b87d4d93cd2939e]: [S. 28](https://www.legislation.gov.uk/asp/2025/11/section/28) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-28a679bba8b3bca637fc56480775cb1c]: [S. 28(1)(d)](https://www.legislation.gov.uk/asp/2025/11/section/28/1/d) applied (1.2.2026) by [The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350)](https://www.legislation.gov.uk/uksi/2025/1350), [arts. 1(4)](https://www.legislation.gov.uk/uksi/2025/1350/article/1/4), [2](https://www.legislation.gov.uk/uksi/2025/1350/article/2); S.S.I. 2026/2, [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-6f19d4eb9efadbaeb3c4cf5ebe7b0073]: [S. 29](https://www.legislation.gov.uk/asp/2025/11/section/29) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-60d10b6da05f8dbcf9ad30543375d343]: [S. 30](https://www.legislation.gov.uk/asp/2025/11/section/30) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-e13d6327f1e5d1b0b761c98266a6bb6e]: [S. 31](https://www.legislation.gov.uk/asp/2025/11/section/31) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-2316181731829681888dbc35c66916bd]: [S. 32](https://www.legislation.gov.uk/asp/2025/11/section/32) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-074c193222956ca518f0c83dfc8ab2d1]: [S. 59](https://www.legislation.gov.uk/asp/2025/11/section/59) in force at 1.2.2026 in so far as not already in force by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-46b71b82532e7faf0805335359e7545a]: [S. 61](https://www.legislation.gov.uk/asp/2025/11/section/61) applied (1.2.2026) by [The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350)](https://www.legislation.gov.uk/uksi/2025/1350), [arts. 1(6)](https://www.legislation.gov.uk/uksi/2025/1350/article/1/6), [3](https://www.legislation.gov.uk/uksi/2025/1350/article/3); S.S.I. 2026/2, [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-72819e5150c3a8ea4942200f00c856bf]: [S. 61](https://www.legislation.gov.uk/asp/2025/11/section/61) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1) (with [reg. 10](https://www.legislation.gov.uk/ssi/2026/2/regulation/10))
[^key-b95d79510095577b4d12edb9500e73cf]: [S. 61(4)](https://www.legislation.gov.uk/asp/2025/11/section/61/4) excluded (1.2.2026) by [The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350)](https://www.legislation.gov.uk/uksi/2025/1350), [arts. 1(6)](https://www.legislation.gov.uk/uksi/2025/1350/article/1/6), [3](https://www.legislation.gov.uk/uksi/2025/1350/article/3); S.S.I. 2026/2, [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-3511ac09739406426b94c466592935fa]: [S. 62](https://www.legislation.gov.uk/asp/2025/11/section/62) in force at 1.2.2026 for specified purposes by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-495357b9e3da72765156ed730091bffe]: [Sch. 1 para. 8](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/8) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-ed99b1f59c1e06cac2e497cd01d0269d]: [Sch. 1 para. 9](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/9) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-7353f9533488260e179f967e93328b90]: [Sch. 1 para. 10](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/10) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-10e9e50f5f5511e6b26ad5aef8ce8107]: [Sch. 1 para. 13](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/13) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-4e707b96a43b92c152db9c34f0ed9949]: [Sch. 1 para. 14](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/14) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-91d054a2f48d8abbebc362961442ba90]: [Sch. 1 para. 15](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/15) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-2887812ae9abdd473fc1ac6fa54b636f]: [Sch. 1 para. 16](https://www.legislation.gov.uk/asp/2025/11/schedule/1/paragraph/16) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-e09e71d77088ce3409bb1145dd933b54]: [Sch. 3 para. 1](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/1) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-4db1016e2efe9d1c7bed091904567ba7]: [Sch. 3 para. 2](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/2) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-e2631af9741f7f524ab90e6a83c36f34]: [Sch. 3 para. 3](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/3) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-dfae30cd5fae1771a9f0748cd8812c46]: [Sch. 3 para. 4](https://www.legislation.gov.uk/asp/2025/11/schedule/3/paragraph/4) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-e53102161af972f56ba0db592004cf52]: [Sch. 4 para. 1(2)(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/1/2/b) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-3576a05dbc92c7064b36e7e76c1391a6]: [Sch. 4 para. 2](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/2) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-eecd66e31d00c46668931102ac0e09c8]: [Sch. 4 para. 3](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/3) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-88870017eec76e33c580425f181d667c]: [Sch. 4 para. 4(2)(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/4/2/b) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-916a304a956c392f02827a490bba3af3]: [Sch. 4 para. 5](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/5) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-6a1a3b0447e18886bd60885e5ffe25db]: [Sch. 4 para. 6](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/6) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-65393b1f7ecec25c0abef39c82a0f367]: [Sch. 4 para. 7](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/7) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-e4ee3367062e92e29015ba7759ec3bbb]: [Sch. 4 para. 8(2)(b)](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/8/2/b) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-7f33ba026e6ad080d743774e08f43d1c]: [Sch. 4 para. 9](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/9) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-2a56908f3976a1a7dfdd52950da5a9f2]: [Sch. 4 para. 10](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/10) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-46cb86f3eeb0de4e497fa54bf2b446bc]: [Sch. 4 para. 12](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/12) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-c5bf3dcc8f46509350d9250932b057fa]: [Sch. 4 para. 13](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/13) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-692bcb6ee0b227fc7073a76f03f065c7]: [Sch. 4 para. 14](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/14) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
[^key-420b937ecedf11a8c3e5ccaf4954a309]: [Sch. 4 para. 15](https://www.legislation.gov.uk/asp/2025/11/schedule/4/paragraph/15) in force at 1.2.2026 by [S.S.I. 2026/2](https://www.legislation.gov.uk/ssi/2026/2), [reg. 2(2)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/2)[(3)](https://www.legislation.gov.uk/ssi/2026/2/regulation/2/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2026/2/schedule/part/1)
2026-01-27
Education (Scotland) Act 2025
2025-12-01
Education (Scotland) Act 2025
2025-08-07
Education (Scotland) Act 2025
2025-08-06
Education (Scotland) Act 2025
original version
Text at this date