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

These Regulations bring into force various provisions of the Education (Scotland) Act 2025 (“the Act”) on days appointed under regulation 2. They also make related transitional and transitory provision.

Regulation 2(1) provides that section 9 (Strategic Advisory Council) comes into force on 27 January 2026. Regulation 2(2) and (3) provide that the provisions in column 1 of the table in Part 1 of the schedule come into force on 1 February 2026 and, where a purpose is specified in column 3 of that table, only for that purpose. Regulation 2(4) and (5) provide that the provisions in column 1 of the table in Part 2 of the schedule come into force on 1 March 2026 and, where a purpose is specified in column 3 of that table, only for that purpose. Regulation 2(6) provides that the provisions in column 1 of the table in Part 3 of the schedule come into force on 1 April 2026. Regulation 2(7) provides that the provisions specified in column 1 of the table in Part 4 of the schedule come into force on 31 August 2026. Regulation 2(8) provides that section 8(1) and (2) (consultation with Strategic Advisory Council) come into force for all remaining purposes on the day that regulations made under section 9, which will establish the Strategic Advisory Council, come into force.

Regulation 3 makes transitional provision in relation to section 16 (corporate plan of Qualifications Scotland), which is brought into force by these Regulations on 1 February 2026. This provides that section 16(3)(iv)(B) does not apply to the first corporate plan submitted to the Scottish Ministers under section 16(1). Section 16(3)(iv)(B) requires the corporate plan to set out what Qualifications Scotland intends to do to satisfy the expectations set out in its charters, which will not be in place when the first corporate plan is submitted.

Regulation 4 makes transitional provision in relation to section 17 (annual report of Qualifications Scotland), which is brought into force by these Regulations on 1 April 2026. This provides that section 17(3)(b) and (4) do not apply to the annual report for the financial year ending on 31 March 2026. Section 17(3)(b) and (4) require the annual report to include a statement of what Qualifications Scotland has done to satisfy the expectations set out in its charters and to set out certain matters where it has failed to satisfy any expectation in its charters.

Regulation 5 makes transitional provision in relation to section 18 (annual quality assurance compliance report of Qualifications Scotland), which is brought into force by these Regulations on 1 April 2026. This provides that Qualifications Scotland is not required to prepare a report mentioned in section 18(1) relating to any period before 1 April 2026.

Regulation 6 makes transitional provision in relation to section 47 (annual report), which is brought into force by these Regulations on 1 April 2026. This provides the Chief Inspector is not required to prepare a report mentioned in section 47(1) relating to any period before 1 April 2026.

Regulation 7 makes transitional provision in relation to schedule 4, Part 2, paragraph 21 (consequential modifications) of the Act, which repeals certain provisions of the Education (Scotland) Act 1980 (“the 1980 Act”) and is brought into force by these Regulations on 1 March 2026. Regulation 7 provides that where before 1 March 2026 a reference has been made under section 66B(2) of the 1980 Act and a preliminary notice has not yet been served, the reference is to be treated as a referral made under section 55(2) of the Act and the inspection to which the reference relates is to be treated as an inspection carried out in pursuance of section 38(1) of the Act. Where before 1 March 2026 a preliminary notice has been served under section 66C(1) of the 1980 Act, it is to be treated as a preliminary notice given under section 56(1) of the Act. Where before 1 March 2026 an enforcement direction has been given under section 66D(1) of the 1980 Act, it is to be treated as an enforcement direction given under section 57(1) of the Act. Where before 1 March 2026 recommendations have been made under section 66D(10) of the 1980 Act, those are to be treated as recommendations made under section 57(8) of the Act.

Regulation 8 makes transitional provision in relation to schedule 4, Part 2, paragraph 22 (consequential modifications) of the Act, which repeals certain provisions of the Standards in Scotland’s Schools etc. Act 2000 (“the 2000 Act”) and is brought into force by these Regulations on 1 March 2026. These make equivalent transitional provision to regulation 7 in relation to references, inspections, preliminary notices, enforcement directions and recommendations under the 2000 Act.

Regulation 9 makes transitional provision in relation to schedule 4, Part 2 (consequential modifications: the Office of His Majesty’s Chief Inspector of Education in Scotland) of the Act, which is brought into force on 1 March 2026 by these Regulations, in respect of provisions that replace references to HM inspectors in legislation with references to His Majesty’s Chief Inspector of Education in Scotland (“the Chief Inspector”). Regulation 9 provides that any relevant thing (defined in paragraph (4)) done by or in relation to HM inspectors before 1 March 2026, so far as required for continuing its effect on or after that date, has effect as if done by or in relation to the Chief Inspector. Any relevant thing which, immediately before 1 March 2026, is in the process of being done by or in relation to HM inspectors may continue to be done by or in relation to the Chief Inspector on and after that date. This transitional provision does not apply in respect of the enactments in paragraphs 21, 22 and 27 of schedule 4, Part 2 of the Act.

Regulation 10 makes transitory provision in relation to section 61 (transitional provisions) which is brought into force by these Regulations on 1 February 2026. Section 61 makes transitional provision relating to the replacement under the Act of the Scottish Qualifications Authority (“the SQA”) with Qualifications Scotland. The transitional provision under section 61 applies to things done before the dissolution date, being the date that section 60 comes into force dissolving the SQA. Under these Regulations provisions conferring functions on Qualifications Scotland come into force on 1 February 2026. Regulation 10 therefore provides that during the period from 1 February 2026 until immediately before section 60 comes into force, the dissolution date is to be read as 1 February 2026.

The Bill for the Act received Royal Assent on 6 August 2025. Sections 63 to 67 came into force the following day.