Legislation – Education (Scotland) Act 2025
Part 1
Qualifications Scotland
2 The function of awarding qualifications
3 The quality assurance function
6 Working with, or recognition of, others
7 Duties when exercising functions
8 Consultation with Strategic Advisory Council
10 Expert Group on Qualifications Standards
12 The teacher and practitioner charter
13 Reviewing and revising the 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
28 Funding and use of resources
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
39 Meaning of “relevant educational establishment” and “excepted establishment”
40 The voluntary arrangements function
43 Duties when exercising functions
48 Report on performance of the Scottish education system
50 Protection from actions of defamation
52 Powers of entry and inspection
55 Necessary improvements: referral to Scottish Ministers
56 Preliminary notice of enforcement action
Part 3
General and miscellaneous
59 Transfer of staff, property etc. to Qualifications Scotland
60 Dissolution of the Scottish Qualifications Authority
62 Consequential modifications
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
Changes to legislation:
There are currently no known outstanding effects for the Education (Scotland) Act 2025, Section 57.
Changes to Legislation
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Part 2His Majesty’s Chief Inspector of Education in Scotland
Enforcement following school-related inspections
57Enforcement direction
(1)
The Scottish Ministers may give a relevant person an enforcement direction where, following service under section 56(1) of a preliminary notice, it appears to the Scottish Ministers that—
(a)
the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and
(b)
having regard to the seriousness of the failure, an enforcement direction is justified.
(2)
The Scottish Ministers may give an enforcement direction under subsection (1) only after whichever is the earlier of—
(a)
receipt of the written response mentioned in section 56(2)(b),
(b)
the expiry of the period specified in the preliminary notice.
(3)
An enforcement direction is a direction in writing by the Scottish Ministers—
(a)
requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in subsection (1)(a)), and
(b)
with which the recipient must comply.
(4)
An enforcement direction may—
(a)
specify different periods for the taking of different actions,
(b)
specify conditions which are to apply to the exercise of such functions of the relevant person as the direction specifies in relation to—
(i)
where the referral arose from an inspection of a school, the school and the school education provided in it, or
(ii)
where the referral arose from an inspection of an education authority, the provision of school education.
(5)
The Scottish Ministers may—
(a)
vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under section 56),
(b)
revoke an enforcement direction.
(6)
Before giving, varying or revoking an enforcement direction, the Scottish Ministers must consult the Chief Inspector.
(7)
If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction, they must—
(a)
prepare a report on their exercise of the power, and
(b)
lay the report before the Scottish Parliament.
(8)
The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the relevant person as they think appropriate.