The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025
This Order establishes the necessary consequential provisions and modifications to existing legislation following the enactment of the Education (Scotland) Act 2025, providing for the operational continuity of the newly formed Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland.
It details the commencement sequence for different parts of the Order, clarifies that Qualifications Scotland's functions can be exercised outside Scotland, ensures transitional provisions cover past actions of the former Scottish Qualifications Authority (SQA), confirms the Chief Inspector's status as part of the Scottish Administration, and systematically repeals or amends numerous UK-wide and devolved statutory instruments to substitute references from the SQA to Qualifications Scotland, ensuring all related legal frameworks, including those concerning welfare, student finance, and professional qualifications, accurately reflect the new institutional arrangements.
Arguments For
Facilitates the smooth transition and operational commencement of provisions introduced by the primary legislation, the Education (Scotland) Act 2025.
Ensures legal continuity by updating numerous existing pieces of subordinate and primary legislation across the UK to replace references to the former Scottish Qualifications Authority (SQA) with the newly established Qualifications Scotland.
Clarifies the jurisdictional scope of Qualifications Scotland's new functions regarding activities outside Scotland.
Formally integrates His Majesty’s Chief Inspector of Education in Scotland into the structure of the Scottish Administration, establishing their status within the devolved governmental framework.
Arguments Against
The need for numerous consequential amendments across diverse areas of law (e.g., welfare benefits, driving licences, student support) implies significant administrative overhaul for bodies operating under UK-wide or partially reserved powers.
The Order's phased commencement, dependent on multiple sections of the 2025 Act coming into force, may create periods of operational ambiguity regarding which body's rules apply until all relevant commencement dates are reached.
The instrument potentially imposes new compliance burdens on bodies previously dealing with the SQA, requiring them to update their internal documentation and procedures to reflect the new bodies.
While no impact assessment was deemed necessary, the scope of modifications across different regulatory frameworks suggests subtle operational shifts that might not have been fully quantified.
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(2), (4)(b) and (5) and 114(1) of the Scotland Act 1998 [1].
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
The Secretary of State issues this Order using powers granted by specific sections of the Scotland Act 1998, which relate to the application and modification of enactments following devolution powers.
Parliament approved a draft of this Order through resolutions in both the House of Commons and the House of Lords, as required by Schedule 7 of the Scotland Act 1998.
PART 1 Introductory
1.—(1) 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).
(2) 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 [2] comes into force.
(3) 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.
(4) 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.
(5) 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.
(6) Article 3 comes into force on the same day as section 61 of the Education (Scotland) Act 2025 comes into force.
(7) Articles 5 and 6 come into force on the same day as section 33 of the Education (Scotland) Act 2025 comes into force.
(8) Subject to paragraph (9), this Order extends to England and Wales, Scotland and Northern Ireland.
(9) Any modification made by this Order has the same extent as the provision modified.
The first article establishes the official citation for this legal instrument and sets out its phased commencement rules based on the activation of specific sections within the primary legislation, the Education (Scotland) Act 2025.
Paragraphs (2) through (7) detail precisely which articles and schedule provisions activate simultaneously with specific commencement dates for sections 1(1), 2, 9, 61, and 33 of the 2025 Act, including a provision for immediate commencement if a trigger section is already in force upon the making of this Order.
Subsections (8) and (9) confirm that the Order applies across England, Wales, Scotland, and Northern Ireland, unless a specific modification applies only to a particular jurisdiction corresponding to the modified legislation's extent.
PART 2 Qualifications Scotland and the Scottish Qualifications Authority
2.—(1) The functions conferred on Qualifications Scotland by section 6 of the Education (Scotland) Act 2025 are exercisable in or as regards places outwith Scotland.
(2) Section 28(1)(d) of the Education (Scotland) Act 2025 applies to the exercise of functions by virtue of paragraph (1).
This provision clarifies that Qualifications Scotland has the authority to perform the duties assigned to it under section 6 of the 2025 Act, even when operating or exercising those duties outside of Scotland.
It further states that section 28(1)(d) of the 2025 Act, which likely governs how these external functions are treated, also applies to this extra-territorial exercise of authority.
3.— Section 61 of the Education (Scotland) Act 2025 applies (despite subsection (4) of that section) to things done by or in relation to the Scottish Qualifications Authority (“SQA”) which relate to its functions exercisable otherwise than in or as regards Scotland.
This article ensures that the transitional provisions contained in section 61 of the 2025 Act apply to actions taken by the former Scottish Qualifications Authority (SQA) concerning its functions that were carried out outside Scotland.
This application is made despite a restriction in subsection (4) of section 61, effectively bridging historical SQA actions outside Scotland into the transfer process.
4.— The modifications specified in the Schedule have effect.
This article formally enacts all the legislative changes detailed in the accompanying Schedule, applying them into law.
PART 3 His Majesty’s Chief Inspector of Education in Scotland
5.— His Majesty’s Chief Inspector of Education in Scotland [3] (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba) is part of the Scottish Administration [4].
This article officially designates His Majesty’s Chief Inspector of Education in Scotland (including its Gaelic title) as being part of the Scottish Administration, which is the collective body of the Scottish Government ministers and their associated officials.
This step is crucial for establishing the Inspector’s standing and authority within the devolved governmental structure.
6.—(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.
(2) 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.
This grants the Chief Inspector an explicit, default inclusion in all existing legal references to roles within the Scottish Administration found in the Scotland Act 1998 and all other legislation, unless a specific context dictates otherwise.
This inclusion applies universally, regardless of how other laws define the term 'office-holder in the Scottish Administration,' ensuring comprehensive coverage.
SCHEDULE
Article 4
PART 1 Modifications of Public General Acts
House of Commons Disqualification Act 1975
1.—(1) Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) [5] is amended as follows.
(2) 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.”.
(3) Omit the entry “The Scottish Qualifications Authority.” and at the appropriate place insert—
“Qualifications Scotland” [6].
Part 1 of the Schedule modifies the House of Commons Disqualification Act 1975 concerning which bodies' members are disqualified from being Members of Parliament.
References to the previous advisory council related to the SQA are removed and replaced with the new Strategic Advisory Council established under the 2025 Act.
Furthermore, the Scottish Qualifications Authority (SQA) is removed from the list of disqualified bodies, and it is replaced by the entry for Qualifications Scotland.
Education (Scotland) Act 1996
2.— Section 8 of the Education (Scotland) Act 1996 [7] is repealed.
This action removes section 8 of the Education (Scotland) Act 1996 from the statute book.
This repeal is necessary because the functions or provisions within that section are being superseded or transferred by the new arrangements set out in the Education (Scotland) Act 2025.
PART 2 Modifications of Subordinate Legislation
Motor Vehicles (Driving Licences) Regulations 1999
3.—(1) The Motor Vehicles (Driving Licences) Regulations 1999 [8] are amended as follows.
(2) In regulation 22 (interpretation of Part III) [9], in the definition of “educational qualification”—
(a) in sub-paragraph (a), for “the Scottish Qualifications Authority pursuant to section 2(1) of the Education (Scotland) Act 1996;” substitute “Qualifications Scotland pursuant to section 2(1) of the Education (Scotland) Act 2025;”,
(b) in sub-paragraph (b), for “the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;” substitute “Qualifications Scotland pursuant to section 4(1) of the Education (Scotland) Act 2025;”.
Sub-part 3 modifies the 1999 Regulations concerning driving licences, specifically updating definitions related to educational qualifications.
It substitutes references to the SQA and the older 1996 Act with references to Qualifications Scotland and corresponding sections of the new 2025 Act in defining what constitutes an educational qualification based on authority and enabling statute.
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
4.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 [10] are amended as follows.
(2) 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”.
This modifies the 2000 Regulations dealing with child support calculations to reflect the change in awarding bodies.
Within the interpretation section, every mention of the Scottish Qualifications Authority regarding the definition of a 'course of advanced education' is replaced with Qualifications Scotland.
Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001
5.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 [11] are amended as follows.
(2) 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”.
Similar to the preceding item, this amends the corresponding Northern Ireland Regulations from 2001 related to child support maintenance calculations.
It updates the definition of 'course of advanced education' within regulation 1(2) by replacing all occurrences of the Scottish Qualifications Authority with Qualifications Scotland.
Employment and Support Allowance Regulations 2008
6.—(1) The Employment and Support Allowance Regulations 2008 [12] are amended as follows.
(2) 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”.
These modifications affect the 2008 Regulations concerning Employment and Support Allowance (ESA), specifically relating to youth conditions.
In the definition of 'advanced education' within regulation 9(5), the term 'the Scottish Qualifications Authority' is systematically replaced throughout with 'Qualifications Scotland'.
Employment and Support Allowance Regulations (Northern Ireland) 2008
7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 [13] are amended as follows.
(2) 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”.
This parallels the previous modification but applies to the Northern Ireland version of the 2008 ESA Regulations.
It updates the definition of 'advanced education' in regulation 9(5), replacing references to the SQA with Qualifications Scotland to ensure consistency in benefit assessments.
Education (Student Loans) (Repayment) Regulations 2009
8.—(1) The Education (Student Loans) (Repayment) Regulations 2009 [14] are amended as follows.
(2) In regulation 3(1) (interpretation) [15] in the definition of “eligible course”, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.
(3) In regulation 9(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.
These changes update the 2009 Regulations governing the repayment of UK student loans to recognize Qualifications Scotland in determining an eligible course of study.
In both the general interpretation section (regulation 3(1)) and the interpretation specific to Part 2 (regulation 9(2)(b)), 'or Qualifications Scotland' is inserted immediately after 'the Scottish Qualifications Authority'.
Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009
9.—(1) The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 [16] are amended as follows.
(2) In regulation 6(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.
The 2009 Northern Ireland student loan repayment regulations are amended to reflect the new body.
Regulation 6(2)(b), which concerns the interpretation of Part 2, now includes 'or Qualifications Scotland' immediately after 'the Scottish Qualifications Authority'.
Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009
10.—(1) The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 [17] are amended as follows.
(2) In paragraph 3(b) of Schedule 3, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.
This affects the 2009 Northern Ireland regulations regarding student support.
Schedule 3, paragraph 3(b) is modified to insert 'or Qualifications Scotland' immediately following the existing reference to the Scottish Qualifications Authority.
Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011
11.—(1) The Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011 (Rheoliadau Deddf Plant 1989 (Bwrsari Addysg Uwch) (Cymru) 2011) [18] are amended as follows.
(2) In regulation 4(1)(a)(iii)—
(a) in the English language text for “the Scottish Qualification Authority” substitute “Qualifications Scotland”,
(b) in the Welsh language text, for “Awdurdod Cymwysterau’r Alban” substitute “Cymwysterau’r Alban”.
(3) In regulation 4(2)(b)—
(a) in the English language text, for “the Scottish Qualification Authority” substitute “Qualifications Scotland”,
(b) in the Welsh language text, for “Awdurdod Cymwysterau’r Alban” substitute “Cymwysterau’r Alban”.
These rules amend the 2011 Welsh Regulations concerning higher education bursaries under the Children Act 1989, requiring simultaneous changes in both English and Welsh versions.
In regulation 4(1)(a)(iii) and 4(2)(b), all instances of the Scottish Qualification Authority (and its Welsh equivalent) are replaced with Qualifications Scotland (and its Welsh equivalent, Cymwysterau’r Alban).
Education (Student Support) Regulations 2011
12.—(1) The Education (Student Support) Regulations 2011 [19] are amended as follows.
(2) In paragraph 3(b) of Schedule 2, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland”.
The UK-wide 2011 Student Support Regulations are amended to incorporate the new body.
Schedule 2, paragraph 3(b) is updated by inserting 'or Qualifications Scotland' immediately following the reference to the Scottish Qualifications Authority.
Plant Protection Products (Sustainable Use) Regulations 2012
13.—(1) The Plant Protection Products (Sustainable Use) Regulations 2012 [20] are amended as follows.
(2) 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”.
This modification concerns regulations governing the sustainable use of plant protection products, specifically relating to training and certification regulators.
Regulation 5(12) updates the definition of 'a regulator in the United Kingdom' by replacing 'the Scottish Qualifications Authority' with 'Qualifications Scotland'.
Employment and Support Allowance Regulations 2013
14.—(1) The Employment and Support Allowance Regulations 2013 [21] are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.
These changes update the 2013 ESA Regulations, similar to the 2008 version.
Regulation 2's definition of 'advanced education' is revised to substitute all instances of the SQA with Qualifications Scotland.
Employment and Support Allowance Regulations (Northern Ireland) 2016
15.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2016 [22] are amended as follows.
(2) 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 2016 Northern Ireland ESA Regulations are also updated to ensure consistency.
In the interpretation section (regulation 2), the definition of 'advanced education' now uses 'Qualifications Scotland' everywhere the SQA was previously named.
Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016
16.—(1) The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016 [23] are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) in the definition of “competent authority” [24], for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”,
(b) in the definition of “registration body”, for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.
These regulations, specific to street works qualifications in England, are modified at the interpretation level (regulation 2(1)).
Both the definition for 'competent authority' and 'registration body' are updated to replace references to the SQA with Qualifications Scotland.
Education (Student Support) (Wales) Regulations 2017
17.—(1) The Education (Student Support) (Wales) Regulations 2017 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2017) [25] are amended as follows.
(2) In paragraph 3(b) of Schedule 2—
(a) in the English language text after “the Scottish Qualification Authority” insert “or Qualifications Scotland”,
(b) in the Welsh language text, after “Awdurdod Cymwysterau’r Alban” insert “neu Cymwysterau’r Alban”.
(3) In regulation 4(2)(b)—
(a) in the English language text, for “the Scottish Qualification Authority” substitute “Qualifications Scotland”,
(b) in the Welsh language text, for “Awdurdod Cymwysterau’r Alban” substitute “Cymwysterau’r Alban”.
The 2017 Welsh Student Support Regulations undergo bilingual amendments to reflect the new awarding body.
Schedule 2, paragraph 3(b) is updated to insert 'or Qualifications Scotland' (and its Welsh equivalent) after the SQA reference in both languages.
Regulation 4(2)(b) completely substitutes the SQA reference with Qualifications Scotland (and the Welsh equivalent) in both English and Welsh texts.
Trade Union (Facility Time Publication Requirements) Regulations 2017
18.—(1) The Trade Union (Facility Time Publication Requirements) Regulations 2017 [26] are amended as follows.
(2) In paragraph 165 of Schedule 1, for “The Scottish Qualifications Authority” substitute “Qualifications Scotland”.
These regulations concerning public sector trade union facility time publication are modified.
Schedule 1, paragraph 165 is updated by replacing the full name 'The Scottish Qualifications Authority' with 'Qualifications Scotland'.
Education (Student Support) (Wales) Regulations 2018
19.—(1) The Education (Student Support) (Wales) Regulations 2018 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2018) [27] are amended as follows.
(2) In regulation 6(1) (designated courses – conditions), in Condition 1(c)—
(a) in the English language text—
(i) in paragraph (i), omit “or”,
(ii) in paragraph (ii), for “;” substitute “, or”,
(iii) after paragraph (ii), insert “(iii) Qualifications Scotland;”;
(b) in the Welsh language text—
(i) in paragraph (i), omit “neu”,
(ii) in paragraph (ii), for “;” substitute “, neu”,
(iii) after paragraph (ii), insert “(iii) Cymwysterau’r Alban;”.
(3) In regulation 16(4)(c) (maximum period of eligibility – tuition fee loans and grants for certain continuing students)—
(a) in the English language text—
(i) omit “either”,
(ii) after “Business and Technology Education Council” for “or” substitute “,”,
(iii) after “the Scottish Qualification Authority” insert “or Qualifications Scotland”;
(b) in the Welsh language text—
(i) for “naill ai’r” substitute “y”,
(ii) after “Cyngor Addysg Busnes a Thechnoleg” for “neu” substitute “,”,
(iii) after “Awdurdod Cymwysterau’r Alban” insert “neu Cymwysterau’r Alban”.
(4) In paragraph 6(1) of Schedule 1—
(a) in the English language text, in the definition of “end-on course”—
(i) after “Business and Technology Education Council,” omit “or”,
(ii) after “the Scottish Qualification Authority, or” insert “(iii) Qualifications Scotland, or”;
(b) in the Welsh language text, in the definition of “cwrs penben”—
(i) after “y Cyngor Addysg Busnes a Thechnoleg,” omit “neu”,
(ii) after “Awdurdod Cymwysterau’r Alban, neu” insert “(iii) Cymwysterau’r Alban, neu”.
This is a comprehensive modification of the 2018 Welsh Student Support Regulations, making subtle structural changes to conditions and definitions across English and Welsh texts to incorporate Qualifications Scotland.
For designated course conditions (regulation 6(1)), the structure of lists defining approved bodies is reformed to include Qualifications Scotland as the third option.
Regulation 16(4)(c) similarly adjusts language surrounding eligible courses for continuing students by removing 'either' and introducing both 'Qualifications Scotland' and its Welsh equivalent.
Schedule 1 updates the definition of an 'end-on course' by adding Qualifications Scotland as a recognized body in the sequencing of educational qualifications.
Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018
20.—(1) The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 [28] are amended as follows.
(2) In the table in the Schedule—
(a) in the “relevant person” column, for the entry “Scottish Qualifications Authority”, substitute “Qualifications Scotland”,
(b) in the corresponding row in the “relevant function” column, for “Its functions under the Education (Scotland) Act 1996”, substitute “Its functions under the Education (Scotland) Act 2025”.
The 2018 Regulations governing information sharing under the Higher Education and Research Act 2017 are updated via amendments to the table in the Schedule.
'Scottish Qualifications Authority' is replaced with 'Qualifications Scotland' in the column identifying the relevant person.
Crucially, the corresponding 'relevant function' is updated to refer to the functions under the new Education (Scotland) Act 2025, rather than the repealed functions under the 1996 Act.
Agriculture (Student Fees) Regulations (Northern Ireland) 2023
21.—(1) The Agriculture (Student Fees) Regulations (Northern Ireland) 2023 [29] are amended as follows.
(2) In regulation 4(a)(i)(bb) (higher education courses), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland”.
This amends the 2023 Northern Ireland regulations concerning student fees for agriculture courses.
Regulation 4(a)(i)(bb) is updated to ensure that when determining eligibility or status for higher education courses, references to the SQA are replaced by Qualifications Scotland.
Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024
22.—(1) The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024 [30] are amended as follows.
(2) In paragraph 176 of the Schedule, for “The Scottish Qualifications Authority” substitute Qualifications Scotland”.
These 2024 regulations concerning public sector union subscription deductions are modified.
Paragraph 176 of the Schedule, which presumably lists public sector employers or relevant bodies, is updated to substitute 'The Scottish Qualifications Authority' with 'Qualifications Scotland'.
EXPLANATORY NOTE (This note is not part of the Order)
This Order makes provision in consequence of the Education (Scotland) Act 2025 (“the 2025 Act”), which establishes Qualifications Scotland (in Gaelic, Teisteanasan Alba) and His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba), and makes provision about their respective functions.
Article 2 provides that the functions conferred on Qualifications Scotland by section 6 (working with, or recognition of, others) of the 2025 Act are exercisable in or as regards places outwith Scotland.
Article 3 provides that section 61 (transitional provisions) of the 2025 Act applies to things done by or in relation to the Scottish Qualifications Authority (“SQA”) which relate to its functions exercisable otherwise than in or as regards Scotland. This is designed to function in conjunction with section 61(4) of the 2025 Act which provides that section 61 does not apply to such things as relate to the SQA’s functions exercisable otherwise than in or as regards Scotland.
Article 4 and the Schedule make modifications to primary and secondary legislation in consequence of the 2025 Act.
Article 5 provides that His Majesty’s Chief Inspector of Education in Scotland is part of the Scottish Administration.
Article 6 provides that, unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment to an office-holder in the Scottish Administration, however defined, are to be taken to include references to His Majesty’s Chief Inspector of Education in Scotland.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
The Explanatory Note summarizes the Order's purpose: to enact necessary changes resulting from the Education (Scotland) Act 2025, which created Qualifications Scotland and the Chief Inspector of Education.
It confirms that Qualifications Scotland can operate internationally (Article 2) and clarifies that transitional arrangements (Article 3) cover the SQA's historical functions performed outside Scotland, resolving a potential conflict with the primary Act.
Articles 4, 5, and 6 formalize the legislative modifications, establish the Chief Inspector's status within the Scottish Administration, and ensure the Inspector is covered by broad definitions of administrative roles.
Finally, the Note indicates that no significant impact assessment was required because the impact on sectors is judged to be negligible or non-existent.