The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025

This Order may be cited as the Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 and comes into force in accordance with paragraphs (2) to (7).

Subject to paragraph (3), this article, paragraph 1(1) and (3) of Part 1 of the Schedule and, so far as relating to those provisions of the Schedule, article 4, come into force on the same day as section 1(1) of the Education (Scotland) Act 2025^f1 comes into force.

If section 1(1) of the Education (Scotland) Act 2025 is in force when this Order is made, the provisions of this Order mentioned in paragraph (2) come into force on the day after this Order is made.

Article 2, paragraphs 2 to 22 of the Schedule and, so far as relating to those provisions of the Schedule, article 4 come into force on the same day as section 2 of the Education (Scotland) Act 2025 comes into force.

Paragraph 1(2) of Part 1 of the Schedule and, so far as relating to that provision, article 4 come into force on the same day as section 9 of the Education (Scotland) Act 2025 comes into force.

Article 3 comes into force on the same day as section 61 of the Education (Scotland) Act 2025 comes into force.

Articles 5 and 6 come into force on the same day as section 33 of the Education (Scotland) Act 2025 comes into force.

Subject to paragraph (9), this Order extends to England and Wales, Scotland and Northern Ireland.

Any modification made by this Order has the same extent as the provision modified.

The functions conferred on Qualifications Scotland by section 6 of the Education (Scotland) Act 2025 are exercisable in or as regards places outwith Scotland.

Section 28(1)(d) of the Education (Scotland) Act 2025 applies to the exercise of functions by virtue of paragraph (1).

Unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment to an office-holder in the Scottish Administration are to be taken to include a reference to His Majesty’s Chief Inspector of Education in Scotland.

Paragraph (1) applies whether or not the enactment defines the expression “office-holder in the Scottish Administration” by reference to the Scotland Act 1998 or any other specific provision of that Act.

Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)^f1 is amended as follows.

Omit the entry “The Advisory Council established under section 3 of the Scottish Qualification Authority Act 2002.” and at the appropriate place insert—

“The Strategic Advisory Council established under section 9 of the Education (Scotland) Act 2025.”.

Omit the entry “The Scottish Qualifications Authority.” and at the appropriate place insert—

“Qualifications Scotland.” ^f2.

The Motor Vehicles (Driving Licences) Regulations 1999^f1 are amended as follows.

In regulation 22 (interpretation of Part III)^f2, in the definition of “educational qualification”—

The Child Support (Maintenance Calculations and Special Cases) Regulations 2000^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), in the definition of “course of advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), in the definition of “course of advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

In regulation 9(5) (conditions relating to youth – claimants aged 20 or over but under 25), in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Employment and Support Allowance Regulations (Northern Ireland) 2008^f1 are amended as follows.

In regulation 9(5) (conditions relating to youth – claimants aged 20 or over but under 25), in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Education (Student Loans) (Repayment) Regulations 2009^f1 are amended as follows.

In regulation 3(1) (interpretation)^f2 in the definition of “eligible course”, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.

In regulation 9(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.

The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In regulation 6(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.

The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009^f1 are amended as follows.

In paragraph 3(b) of Schedule 3, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.

The Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011 (Rheoliadau Deddf Plant 1989 (Bwrsari Addysg Uwch) (Cymru) 2011)^f1 are amended as follows.

In regulation 4(1)(a)(iii)—

In regulation 4(2)(b)—

The Education (Student Support) Regulations 2011^f1 are amended as follows.

In paragraph 3(b) of Schedule 2, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.

The Plant Protection Products (Sustainable Use) Regulations 2012^f1 are amended as follows.

In regulation 5(12) (designation of authorities (training and certification)), in the definition of “a regulator in the United Kingdom”, for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

The Employment and Support Allowance Regulations 2013^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Employment and Support Allowance Regulations (Northern Ireland) 2016^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.

The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016^f1 are amended as follows.

In regulation 2(1) (interpretation)—

The Education (Student Support) (Wales) Regulations 2017 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2017)^f1 are amended as follows.

In paragraph 3(b) of Schedule 2—

The Trade Union (Facility Time Publication Requirements) Regulations 2017^f1 are amended as follows.

In paragraph 165 of Schedule 1, for “The Scottish Qualifications Authority” substitute “Qualifications Scotland”.

The Education (Student Support) (Wales) Regulations 2018 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2018)^f1 are amended as follows.

In regulation 6(1) (designated courses – conditions), in Condition 1(c)—

In regulation 16(4)(c) (maximum period of eligibility – tuition fee loans and grants for certain continuing students)—

In paragraph 6(1) of Schedule 1—

The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018^f1 are amended as follows.

In the table in the Schedule—

The Agriculture (Student Fees) Regulations (Northern Ireland) 2023^f1 are amended as follows.

In regulation 4(a)(i)(bb) (higher education courses), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.

The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024^f1 are amended as follows.

In paragraph 176 of the Schedule, for “The Scottish Qualifications Authority” substitute Qualifications Scotland”.