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

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

Cooperation with inspections

52Powers of entry and inspection

(1)

A person carrying out an inspection of a relevant educational establishment in pursuance of section 38 may enter the establishment.

(2)

The power conferred by subsection (1)—

(a)

must be exercised at a reasonable hour,

(b)

extends to a dwelling-house only with the permission of the Scottish Ministers,

(c)

does not authorise entry by force.

(3)

A person who proposes to exercise the power conferred by subsection (1) must, if so requested, produce evidence of the person’s identity and authorisation to carry out the inspection (including, where applicable, the permission of the Scottish Ministers) before exercising the power.

(4)

A person carrying out an inspection may take onto the premises such other persons as the person carrying out the inspection considers necessary.