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Education (Scotland) Act 2025

2025 asp 11 · Enacted 6 August 2025 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 August 2026.

An Act of the Scottish Parliament to provide for the establishment and functions of Qualifications Scotland; to provide for the establishment and functions of the office of His Majesty’s Chief Inspector of Education in Scotland; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th June 2025 and received Royal Assent on 6th August 2025

Contents

  1. Part 1: Qualifications Scotland
  2. Establishment
  3. 1Qualifications Scotland
  4. Functions
  5. 2The function of awarding qualifications
  6. 3The quality assurance function
  7. 4The accreditation function
  8. 5The advisory function
  9. 6Working with, or recognition of, others
  10. 7Duties when exercising functions
  11. 8Consultation with Strategic Advisory Council
  12. Strategic Advisory Council
  13. 9Strategic Advisory Council
  14. Expert Group on Qualifications Standards
  15. 10Expert Group on Qualifications Standards
  16. Charters
  17. 11The learner charter
  18. 12The teacher and practitioner charter
  19. 13Reviewing and revising the charters
  20. 14Other charters
  21. Guidance
  22. 15Guidance about assistance for people with educational support needs
  23. Accountability of Qualifications Scotland
  24. 16Corporate plan of Qualifications Scotland
  25. 17Annual report of Qualifications Scotland
  26. 18Annual quality assurance compliance report of Qualifications Scotland
  27. 19Reports of advice to Qualifications Scotland from certain committees
  28. 20Accounts and audit of Qualifications Scotland
  29. 21Scottish Ministers’ power to direct Qualifications Scotland
  30. 22Guidance by the Scottish Ministers to Qualifications Scotland
  31. 23Provision of information by Qualifications Scotland
  32. Accountability of the Accreditation Committee
  33. 24Corporate plan of the Accreditation Committee
  34. 25Annual report of the Accreditation Committee
  35. 26Scottish Ministers’ power to direct the Accreditation Committee
  36. Funding and powers
  37. 27Financial assistance
  38. 28Funding and use of resources
  39. 29General powers
  40. Supporting provisions
  41. 30Publication of documents
  42. Reviews
  43. 31Review of arrangements for assuring quality of qualifications
  44. 32Review of accreditation function
  45. Part 2: His Majesty’s Chief Inspector of Education in Scotland
  46. Establishment
  47. 33His Majesty’s Chief Inspector of Education in Scotland
  48. 34Deputy Chief Inspector of Education in Scotland
  49. 35His Majesty’s Inspectors of Education in Scotland
  50. 36Assistance with inspections
  51. Functions
  52. 37Purpose of inspection
  53. 38The inspection function
  54. 39Meaning of “relevant educational establishment” and “excepted establishment”
  55. 40The voluntary arrangements function
  56. 41The advisory function
  57. 42Working with others
  58. 43Duties when exercising functions
  59. Advisory Council
  60. 44Advisory Council
  61. Accountability
  62. 45Inspection plan
  63. 46Reports on inspections
  64. 47Annual report
  65. 48Report on performance of the Scottish education system
  66. 49Other reports
  67. 50Protection from actions of defamation
  68. Powers
  69. 51General powers
  70. Cooperation with inspections
  71. 52Powers of entry and inspection
  72. 53Duty to provide assistance
  73. 54Offences
  74. Enforcement following school-related inspections
  75. 55Necessary improvements: referral to Scottish Ministers
  76. 56Preliminary notice of enforcement action
  77. 57Enforcement direction
  78. Supporting provisions
  79. 58Publication of documents
  80. Part 3: General and miscellaneous
  81. 59Transfer of staff, property etc. to Qualifications Scotland
  82. 60Dissolution of the Scottish Qualifications Authority
  83. 61Transitional provisions
  84. 62Consequential modifications
  85. 63Interpretation
  86. 64Regulation-making powers
  87. 65Ancillary provision
  88. 66Commencement
  89. 67Short title
  90. Schedule 1: Qualifications Scotland
  91. Part 1: Status
  92. 1Exclusion of Crown status
  93. Part 2: Membership
  94. 2Number and appointment of members
  95. 3Appointment as a member: criteria
  96. 4Period and conditions of membership
  97. 5Early termination of membership
  98. 6Members’ remuneration and allowances
  99. 7Co-opted members
  100. Part 3: Staff
  101. 8Chief executive, chief examiner, chief accreditation officer and other staff
  102. 9Staff pensions
  103. Part 4: Procedure
  104. Chapter 1: Committees
  105. 10Committees
  106. 11The Learner Interest Committee
  107. 12The Teacher and Practitioner Interest Committee
  108. 13The Accreditation Committee
  109. Chapter 2: Administration of Qualifications Scotland and its committees
  110. 14Regulation of procedure
  111. 15Authority to perform functions
  112. 16Member consultation requirement
  113. 17Validity of things done
  114. Schedule 2: The Office of His Majesty’s Chief Inspector of Education in Scotland
  115. Part 1: Status
  116. 1Status
  117. 2Independence
  118. Part 2: Appointment and terms
  119. 3Appointment
  120. 4Period and conditions of office
  121. Part 3: Staff
  122. 5Staff
  123. Part 4: Procedure
  124. 6Authority to perform functions
  125. 7Paragraph 7
  126. 8Validity of things done
  127. Schedule 3: Transfer of staff, property etc. to Qualifications Scotland
  128. 1Transfer date
  129. 2Transfer of staff
  130. 3Transfer of property
  131. 4Duty to secure vesting of foreign property
  132. 5Appointment of initial board members
  133. Schedule 4: Consequential modifications
  134. Part 1: Qualifications Scotland
  135. Chapter 1: Application of legislation relating to public bodies to Qualifications Scotland
  136. 1Ethical Standards in Public Life etc. (Scotland) Act 2000
  137. 2Scottish Public Services Ombudsman Act 2002
  138. 3Freedom of Information (Scotland) Act 2002
  139. 4Public Appointments and Public Bodies etc. (Scotland) Act 2003
  140. 5Public Services Reform (Scotland) Act 2010
  141. 6Public Records (Scotland) Act 2011
  142. 7Procurement Reform (Scotland) Act 2014
  143. 8Gender Representation on Public Boards (Scotland) Act 2018
  144. 9Islands (Scotland) Act 2018
  145. Chapter 2: Other modifications relating to Qualifications Scotland
  146. 10Further and Higher Education (Scotland) Act 1992
  147. 11Education (Scotland) Act 1996
  148. 12Scottish Qualifications Authority Act 2002
  149. 13Further and Higher Education (Scotland) Act 2005
  150. 14Children and Young People (Scotland) Act 2014
  151. 15Coronavirus (Recovery and Reform) (Scotland) Act 2022
  152. Part 2: The office of His Majesty’s Chief Inspector of Education in Scotland
  153. Chapter 1: Application of legislation relating to office-holders to the Chief Inspector
  154. 16Freedom of Information (Scotland) Act 2002
  155. 17Protection of Vulnerable Groups (Scotland) Act 2007
  156. 18Public Services Reform (Scotland) Act 2010
  157. 19Public Records (Scotland) Act 2011
  158. 20Procurement Reform (Scotland) Act 2014
  159. Chapter 2: Other modifications relating to the Chief Inspector
  160. 21Education (Scotland) Act 1980
  161. 22Standards in Scotland’s Schools etc. Act 2000
  162. 23Scottish Schools (Parental Involvement) Act 2006
  163. 24Schools (Consultation) (Scotland) Act 2010
  164. 25Public Services Reform (Scotland) Act 2010
  165. 26Education (Scotland) Act 2016
  166. 27Schools General (Scotland) Regulations 1975