Legislation – The Education (Scotland) Act 2025 (Commencement No. 2, Transitional and Transitory Provisions) Regulations 2026

Transitional provision: schedule 4, Part 2, paragraph 22 of the Act8.

(1)

Paragraphs (2) and (3) apply where before 1 March 2026—

(a)

a reference has been made to the Scottish Ministers under section 10A of the Standards in Scotland’s Schools etc. Act 20006, and

(b)

the Scottish Ministers have not yet served a preliminary notice under section 10B(1)7 of that Act.

(2)

The reference mentioned in paragraph (1) is to be treated as a referral made by the Chief Inspector to the Scottish Ministers under section 55(2) of the Act.

(3)

The inspection to which the reference mentioned in paragraph (1) relates is to be treated as an inspection carried out in pursuance of section 38(1) of the Act.

(4)

Paragraph (5) applies where, before 1 March 2026, a preliminary notice has been served under section 10B(1) of the Standards in Scotland’s Schools, etc. Act 2000.

(5)

The preliminary notice mentioned in paragraph (4) is to be treated as a preliminary notice given by the Scottish Ministers under section 56(1) of the Act.

(6)

Paragraph (7) applies where, before 1 March 2026, an enforcement direction has been given under section 10C(1)8 of the Standards in Scotland’s Schools, etc. Act 2000.

(7)

The enforcement direction mentioned in paragraph (6) is to be treated as an enforcement direction given by the Scottish Ministers under section 57(1) of the Act.

(8)

Where before 1 March 2026 the Scottish Ministers have, instead of or as well as giving an enforcement direction, made such recommendations as they think appropriate under section 10C(10), those recommendations are to be treated as recommendations made by the Scottish Ministers under section 57(8) of the Act.

6

2000 asp 6. Section 10A was inserted by section 2 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).

7

Section 10B was inserted by section 2 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).

8

Section 10C was inserted by section 2 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).