Legislation – The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025

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Introduction

PART 1
Introductory

1 Citation, commencement and extent

PART 2
Qualifications Scotland and the Scottish Qualifications Authority

2 Exercise of Qualifications Scotland’s functions

3 Transitional provision

4 Modifications

PART 3
His Majesty’s Chief Inspector of Education in Scotland

5 Status of His Majesty’s Chief Inspector of Education in Scotland as part of the Scottish Administration

6 Construction of references to an office-holder in the Scottish Administration

SCHEDULES

SCHEDULE

Signature

Explanatory note

EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes provision in consequence of the Education (Scotland) Act 2025 (“the 2025 Act”), which establishes Qualifications Scotland (in Gaelic, Teisteanasan Alba) and His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba), and makes provision about their respective functions.

Article 2 provides that the functions conferred on Qualifications Scotland by section 6 (working with, or recognition of, others) of the 2025 Act are exercisable in or as regards places outwith Scotland.

Article 3 provides that section 61 (transitional provisions) of the 2025 Act applies to things done by or in relation to the Scottish Qualifications Authority (“SQA”) which relate to its functions exercisable otherwise than in or as regards Scotland. This is designed to function in conjunction with section 61(4) of the 2025 Act which provides that section 61 does not apply to such things as relate to the SQA’s functions exercisable otherwise than in or as regards Scotland.

Article 4 and the Schedule make modifications to primary and secondary legislation in consequence of the 2025 Act.

Article 5 provides that His Majesty’s Chief Inspector of Education in Scotland is part of the Scottish Administration.

Article 6 provides that, unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment to an office-holder in the Scottish Administration, however defined, are to be taken to include references to His Majesty’s Chief Inspector of Education in Scotland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.