Explanatory note

These Regulations make provision in consequence of the Education (Scotland) Act 2025 (“the Act”). The Act establishes Qualifications Scotland. This replaces the Scottish Qualifications Authority (“the SQA”) which is dissolved by the Act.

Regulation 2 provides that the amendments listed in the schedule have effect. The schedule makes the following amendments.

Paragraph 1 amends the Scottish Social Services Council (Consultation on Codes of Practice) Order 2001 (“the 2001 Order”). The 2001 Order prescribes persons whom the Scottish Social Services Council must consult before publishing a Code of Practice. The prescribed persons include every education and training establishment approved by the SQA in accordance with section 2 of the Education (Scotland) Act 1996 as being suitable for presenting social service workers for certain SQA qualifications. Paragraph 1 replaces the references to the SQA with Qualifications Scotland.

Paragraph 2 amends the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (“the 2003 Order”). The 2003 Order makes provision for certain prescribed persons to be disregarded when calculating council tax for households. The 2003 Order prescribes apprentices to include persons undertaking training leading to a SQA accredited qualification. It prescribes students to include persons in receipt of certain offers for places on degree courses where, in the preceding six months, the person has completed a course for certain SQA qualifications. It prescribes qualifying courses of education and excepted courses, which include certain SQA qualifications. Paragraph 2 replaces the references to the SQA with Qualifications Scotland.

Paragraph 3 amends the Protection of Charities Assets (Exemption) (Scotland) Order 2006 to remove a redundant reference to the SQA.

Paragraph 4 amends the Licensing (Training of Staff) (Scotland) Regulations 2007 (“the 2007 Regulations”). These prescribe training requirements for persons who may sell or serve alcohol on licensed premises. Regulation 2 of the 2007 Regulations provides that persons working in such a capacity must have received training from a person who at the time of the training holds a personal licence or a qualification accredited for the purposes of regulation 2 by the SQA. Paragraph 4 replaces the reference to the SQA with Qualifications Scotland.

Paragraph 5 amends the Equality Act 2010 (Qualifications Body Regulator and Relevant Qualifications) (Scotland) Regulations 2010 (“the 2010 Regulations”). Regulation 2 of the 2010 Regulations specifies the SQA as the “appropriate regulator” for the purposes of section 96 of the Equality Act 2010. Paragraph 5 replaces the SQA with Qualifications Scotland.

Paragraph 6 amends the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (“the 2012 Regulations”). The definition of a “qualification certificate” in regulation 2(1) of the 2012 Regulations includes a certificate granted by a body recognised and regulated by the SQA. Paragraph 6 replaces the reference to the SQA with Qualifications Scotland.

Paragraph 7 amends the St Mary’s Music School (Aided Places) (Scotland) Regulations 2015 (“the 2015 Regulations”). Schedule 1, paragraph 23 of the 2015 Regulations makes provision about remission of charges for field study courses. A “field study course” means a course of field study which forms a compulsory part of a course of education for any examination conducted by the SQA. Paragraph 7 replaces the reference to the SQA with Qualifications Scotland.

Paragraph 8 amends the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017 (“the 2017 Regulations”). Regulation 8(1) of the 2017 Regulations provides that the bodies approved for issuing certificates of competence include the SQA. Regulation 8(2) provides that the register approved for the purpose of registering certificates is the register kept by the registration body. Regulation 2(1) of the 2017 Regulations provides that the registration body is the SQA. Paragraph 8 replaces the references to the SQA with Qualifications Scotland.

Paragraph 9 amends the Student Support (Scotland) Regulations 2022 (”the 2022 Regulations”). Regulation 29 of the 2022 Regulations makes provision about the exercise of the power to grant an education maintenance allowance to persons undertaking a course of education. Regulation 29(3)(b)(i) provides that a course of non-advanced education means any course which prepares a person to a standard not higher than that required for a qualification awarded by the SQA. Paragraph 9 replaces the reference to the SQA with Qualifications Scotland. Regulation 13 of the 2022 Regulations provides that designated courses for student loans are contained in schedule 4. The courses listed in paragraphs 5 and 8 of schedule 4 make reference to qualifications of the SQA. Paragraph 9 replaces the reference to the SQA with Qualifications Scotland.