Legislation – Education (Scotland) Act 2025

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Introduction

Part 1
Qualifications Scotland

1 Qualifications Scotland

2 The function of awarding qualifications

3 The quality assurance function

4 The accreditation function

5 The advisory function

6 Working with, or recognition of, others

7 Duties when exercising functions

8 Consultation with Strategic Advisory Council

9 Strategic Advisory Council

10 Expert Group on Qualifications Standards

11 The learner charter

12 The teacher and practitioner charter

13 Reviewing and revising the charters

14 Other charters

15 Guidance about assistance for people with educational support needs

16 Corporate plan of Qualifications Scotland

17 Annual report of Qualifications Scotland

18 Annual quality assurance compliance report of Qualifications Scotland

19 Reports of advice to Qualifications Scotland from certain committees

20 Accounts and audit of Qualifications Scotland

21 Scottish Ministers’ power to direct Qualifications Scotland

22 Guidance by the Scottish Ministers to Qualifications Scotland

23 Provision of information by Qualifications Scotland

24 Corporate plan of the Accreditation Committee

25 Annual report of the Accreditation Committee

26 Scottish Ministers’ power to direct the Accreditation Committee

27 Financial assistance

28 Funding and use of resources

29 General powers

30 Publication of documents

31 Review of arrangements for assuring quality of qualifications

32 Review of accreditation function

Part 2
His Majesty’s Chief Inspector of Education in Scotland

33 His Majesty’s Chief Inspector of Education in Scotland

34 Deputy Chief Inspector of Education in Scotland

35 His Majesty’s Inspectors of Education in Scotland

36 Assistance with inspections

37 Purpose of inspection

38 The inspection function

39 Meaning of “relevant educational establishment” and “excepted establishment”

40 The voluntary arrangements function

41 The advisory function

42 Working with others

43 Duties when exercising functions

44 Advisory Council

45 Inspection plan

46 Reports on inspections

47 Annual report

48 Report on performance of the Scottish education system

49 Other reports

50 Protection from actions of defamation

51 General powers

52 Powers of entry and inspection

53 Duty to provide assistance

54 Offences

55 Necessary improvements: referral to Scottish Ministers

56 Preliminary notice of enforcement action

57 Enforcement direction

58 Publication of documents

Part 3
General and miscellaneous

59 Transfer of staff, property etc. to Qualifications Scotland

60 Dissolution of the Scottish Qualifications Authority

61 Transitional provisions

62 Consequential modifications

63 Interpretation

64 Regulation-making powers

65 Ancillary provision

66 Commencement

67 Short title

SCHEDULES

Schedule 1 Qualifications Scotland

Schedule 2 The Office of His Majesty’s Chief Inspector of Education in Scotland

Schedule 3 Transfer of staff, property etc. to Qualifications Scotland

Schedule 4 Consequential modifications

Changes to legislation:

Education (Scotland) Act 2025, Section 11 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 1Qualifications Scotland

Charters

11The learner charter

(1)

Qualifications Scotland must—

(a)

prepare a learner charter in collaboration with—

(i)

the Learner Interest Committee, and

(ii)

such invited persons as wish to participate,

(b)

publish the charter before the expiry of the period of 6 months beginning with the day on which this section comes into force.

(2)

The learner charter—

(a)

must set out what children, young people and adults undertaking a Qualifications Scotland qualification should expect from Qualifications Scotland in the exercise of its functions,

(b)

may include such other information as Qualifications Scotland considers appropriate.

(3)

In preparing the learner charter, Qualifications Scotland must have regard to the desirability of the charter seeking to secure better or further effect of the rights of children.

(4)

The persons invited by Qualifications Scotland to participate in the preparation of the learner charter must include—

(a)

children and young people undertaking a Qualifications Scotland qualification,

(b)

other persons undertaking a Qualifications Scotland qualification,

(c)

parents and carers of the persons mentioned in paragraph (a),

(d)

other persons appearing to Qualifications Scotland to represent the interests of the persons mentioned in paragraphs (a) and (b),

(e)

persons undertaking a Qualifications Scotland qualification who use British Sign Language,

(f)

persons undertaking a Qualifications Scotland qualification who have educational support needs,

(g)

persons undertaking a Qualifications Scotland qualification who have experience of being in the care system as children or young people,

(h)

persons from socio-economically disadvantaged backgrounds.

(5)

In inviting persons to participate in the preparation of the learner charter, Qualifications Scotland must encourage equal opportunities and in particular the observance of the equal opportunity requirements.

(6)

Qualifications Scotland must, prior to finalisation of the learner charter—

(a)

give the Strategic Advisory Council and the Scottish Ministers the opportunity to comment on it, and

(b)

have regard to the comments (if any) received from the council and Ministers in response.

(7)

For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.

Annotations:
Commencement Information

I1S. 11 not in force at Royal Assent, see s. 66(2)