Legislation – Education (Scotland) Act 2025

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Part 1Qualifications Scotland

Functions

7Duties when exercising functions

(1)

In the exercise of its functions, Qualifications Scotland must—

(a)

promote and advance education and training, including education and training which reflects current and future needs in relation to improving Scotland’s economy,

(b)

in every case in which it appears to Qualifications Scotland appropriate to do so, consult such persons with an interest (see subsection (2)) as Qualifications Scotland considers appropriate,

(c)

have regard to the needs and interests of children, young people and other persons using its services, including those who are receiving, or wish to receive—

(i)

British Sign Language learner education,

(ii)

British Sign Language medium education,

(iii)

Gaelic learner education,

(iv)

Gaelic medium education, or

(v)

the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,

(d)

have regard to any advice provided to it by the Strategic Advisory Council (see section 9),

(e)

have regard to the Scottish Credit and Qualifications Framework prepared by the Scottish Credit and Qualifications Framework Partnership (a Scottish charity with the charity number SC037958), as it has effect for the time being,

(f)

have regard to any representations made in writing to Qualifications Scotland about the exercise of its functions by—

(i)

the Scottish Further and Higher Education Funding Council,

(ii)

the Skills Development Scotland Co. Limited (company number SC202659),

(g)

have regard to any developments in how persons undertake education and training that are relevant to the assessment of such persons,

(h)

have regard to the economic, social and environmental priorities of the Scottish Ministers,

(i)

have regard to the need to operate in a way which is transparent and accountable,

(j)

so far as reasonably practicable, prioritise the provision of services in Scotland.

(2)

For the purposes of subsection (1)(b), persons with an interest are—

(a)

persons undertaking a Qualifications Scotland qualification,

(b)

persons providing teaching or training in respect of a Qualifications Scotland qualification,

(c)

such other persons as Qualifications Scotland considers appropriate.

(3)

The Scottish Ministers may by regulations modify—

(a)

subsection (1)(e) so as to substitute another credit and qualifications framework for the credit and qualifications framework for the time being mentioned there,

(b)

subsection (1)(f)(ii)—

(i)

so as to substitute another person for the person for the time being mentioned there, or

(ii)

where the person changes its name, by modifying the reference to the person to reflect that change of name.

(4)

Subsection (1)(e) does not apply during any period in which the credit and qualifications framework for the time being mentioned there does not have effect.

(5)

In this section, “credit and qualifications framework” means a system for comparing qualifications in Scotland by reference to the level of skills and experience required to obtain such qualifications.