# The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision in consequence of the Education (Scotland) Act 2025 (“the Act”). Part 1 of the Act establishes Qualifications Scotland, which replaces the Scottish Qualifications Authority (“SQA”). Part 2 of the Act establishes the office of His Majesty’s Chief Inspector of Education in Scotland (“HMCIES”), which will take on functions previously exercised by His Majesty’s inspectors of schools (“HM inspectors”) appointed under the Education (Scotland) Act 1980.
Regulation 2 makes amendments to provisions of the Education (Scotland) Act 2016 (“the 2016 Act”) inserted by the Scottish Languages Act 2025 (“the 2025 Act”). Section 6B of the 2016 Act provides that, in preparing Regulations which specify standards and requirements relating to Gaelic education, the Scottish Ministers must consult HM inspectors. Section 29(2) of the 2025 Act, which is not yet in force, inserts new sections 13B and 13D into the 2016 Act. Section 13B requires education authorities, in considering the viability of establishing all-Gaelic schools, to seek advice from HM inspectors. Section 13D provides that before directing an education authority to establish an all-Gaelic school, the Scottish Ministers must seek advice from HM inspectors. All of these requirements relating to HM inspectors are replaced by regulation 2 with the same requirements relating to HMCIES. Sections 16B and 16C of the 2016 Act make provision about SQA’s duties in relation to the availability of qualifications through the medium of Gaelic and production of materials relating to such qualifications. Regulation 2(5) and (6) replace the duties on the SQA with duties on Qualifications Scotland.
Regulation 3 makes amendments to provisions of the Gaelic Language (Scotland) Act 2005 (“the 2005 Act”) inserted by the 2025 Act which are not yet in force. Section 22(2)(d) of the 2025 Act inserts new section 3(6A) into the 2005 Act which requires education authorities to consult with HM inspectors in preparing Gaelic language plans. Regulation 3 replaces this with a requirement to consult HMCIES.
Regulation 4 makes amendments to the Budget (Scotland) Act 2025, to include within schedule 1 (the Scottish Administration) of that Act funding of the office of HMCIES, grant funding for Qualifications Scotland accreditation, and grant in aid for Qualifications Scotland.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111064306/note (the official version)
Page: https://openlegislation.uk/draft-education-scotland-act-2025-consequential-provisions-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.