The Scotland Act 1998 (Agency Arrangements) (Specification) (Recognition of Qualifications) Order 2025
This Order, made under the Scotland Act 1998, specifies functions of the Scottish Ministers related to the UK National Information Centre (UK ENIC) for recognizing UK and non-UK qualifications.
It allows the Scottish Ministers to enter into agency arrangements with a Minister of the Crown to manage this service, including contracting and fee administration.
The functions are linked to international agreements on qualification recognition, such as the 1997 and 2019 Conventions.
The Order extends to England, Wales, Scotland, and Northern Ireland and takes effect on July 1st, 2025.
Arguments For
Improved Efficiency: Agency arrangements streamline the process of recognizing qualifications, potentially reducing administrative burden and improving efficiency for both the Scottish Ministers and the UK ENIC service.
Enhanced International Cooperation: The Order facilitates cooperation with international bodies concerning qualification recognition, strengthening the UK's commitment to international agreements.
Legal Basis: The Order is explicitly grounded in section 93(3) of the Scotland Act 1998, providing a clear and robust legal foundation for the specified functions.
Clear Responsibilities: The Order clearly defines the functions of the Scottish Ministers, leaving less room for ambiguity and improving transparency in the process.
Arguments Against
Potential Conflicts of Interest: Agency arrangements might create potential for conflicts of interest between the Scottish Ministers and the Minister of the Crown acting on their behalf.
Accountability: The delegation of responsibilities under agency arrangements could potentially complicate accountability mechanisms.
Unforeseen Consequences: The long-term impacts of the Order’s implementation remain uncertain. Unforeseen consequences could arise from changes to the qualification recognition process.
Resource Implications: The impact of agency arrangements on existing resource allocation for both the Scottish Ministers and the UK ENIC service requires careful monitoring.
At the Court at Buckingham Palace, the 6th day of May 2025
Present,
The King's Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred on Him by section 93(3) of the Scotland Act 19981, is pleased, by and with the advice of His Privy Council, to order as follows:
This is the preamble, stating the date, authority (King's Most Excellent Majesty in Council), and legal basis (section 93(3) of the Scotland Act 1998) for the Order.
It indicates the Order's creation follows proper procedure and legal authorization.
- Citation, commencement and extent
(1) This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (Recognition of Qualifications) Order 2025 and comes into force on 1st July 2025.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
Section 1 provides the Order's title and effective date (July 1st, 2025).
It also clarifies the geographical scope of the Order's application: all four nations of the UK.
- Interpretation
In this Order—
“international agreement” means—
(a) the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, signed by the United Kingdom at Strasbourg on 7th November 19972, or
(b) the Global Convention on the Recognition of Qualifications concerning Higher Education, signed by the United Kingdom at Paris on 25th November 20193;
“non-UK qualification” means a qualification issued by a body located outside the United Kingdom;
“qualification” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training;
“UK ENIC service” means—
(a) a service pursuant to an international agreement requiring services to be provided relating to—
(i) the comparability, recognition or assessment of UK qualifications or non-UK qualifications, or
(ii) the provision of information or advice about such qualifications or the systems for awarding them, or
(b) any associated services provided by a person providing services mentioned in paragraph (a);
“UK qualification” means a qualification issued by a body located in the United Kingdom.
Section 2 defines key terms used in the Order.
It establishes clear definitions for international agreements (specifying two conventions), UK and non-UK qualifications, and the UK ENIC service, which facilitates comparability and recognition of qualifications according to international agreements.
This ensures consistent understanding and application.
- Specification of functions
(1) The functions of the Scottish Ministers described in paragraph (2) are specified for the purposes of section 93(1) of the Scotland Act 1998.
(2) Any function that is exercisable by the Scottish Ministers in relation to establishing and maintaining the UK ENIC service, including, but not limited to—
(a) entering into, and the management of, contractual arrangements;
(b) making arrangements for the administration, collection and refund of fees or charges.
Section 3 formally specifies the functions of the Scottish Ministers within the context of the Scotland Act 1998.
It clarifies their involvement in establishing and maintaining the UK ENIC service. This includes managing contracts and handling fees related to the service.
Richard Tilbrook Clerk of the Privy Council
This section contains the signature and title of the Clerk of the Privy Council, signifying official approval and authentication of the Order.
Explanatory Note (This note is not part of the Order in Council) This Order paves the way for the Scottish Ministers and a Minister of the Crown to enter into agency arrangements, under which a Minister of the Crown can exercise functions on behalf of the Scottish Ministers in relation to the recognition of non-UK and UK qualifications. Any such arrangements would be agreed between a Minister of the Crown and the Scottish Ministers.
The Order relates to the UK’s National Information Centre (UK ENIC) which is part of the European Network of National Information Centres.
The services to which the functions relate are provided in pursuance of international obligations. The international obligations are principally set out in two international agreements, namely: the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, signed by the United Kingdom at Strasbourg on 7th November 1997 (Cmnd. 5577. United Nations Treaty Series, vol. 2136, p. 3), and the Global Convention on the Recognition of Qualifications concerning Higher Education, signed by the United Kingdom at Paris on 25th November 2019 (Cmnd. 497. United Nations Treaty Series, registration number 57727).
Copies of the two international agreements that were in force immediately before this Order comes into force are published alongside this Order and copies can be obtained on request from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note provides context and background information on the Order.
This note explains the purpose of the Order (facilitating agency arrangements for qualification recognition), its connection to the UK ENIC service and its international obligations under existing conventions.
It also mentions the availability of the referenced international agreements and the lack of a full impact assessment due to the perceived minimal impact on relevant sectors.