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STATUTORY INSTRUMENTS
2025 No. 1350
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
EDUCATION
The Education (Scotland) Act 2025 (Consequential
Provisions and Modifications) Order 2025
Made - - - - 17th December 2025
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections
104, 112(1), 113(2), (4)(b) and (5) and 114(1) of the Scotland Act 1998(1).
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been
laid before and approved by a resolution of each House of Parliament.
PART 1
Introductory
Citation, commencement and extent
1.—(1) This Order may be cited as the Education (Scotland) Act 2025 (Consequential Provisions
and Modifications) Order 2025 and comes into force in accordance with paragraphs (2) to (7).
(2) Subject to paragraph (3), this article, paragraph 1(1) and (3) of Part 1 of the Schedule and,
so far as relating to those provisions of the Schedule, article 4, come into force on the same day as
section 1(1) of the Education (Scotland) Act 2025(2) comes into force.
(3) If section 1(1) of the Education (Scotland) Act 2025 is in force when this Order is made,
the provisions of this Order mentioned in paragraph (2) come into force on the day after this Order
is made.
(1) 1998 c. 46. There are amendments to sections 104, 112, 113 and 114 which are not relevant to this Order.
(2) 2025 asp 11.Document Generated: 2025-12-19
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(4) Article 2, paragraphs 2 to 22 of the Schedule and, so far as relating to those provisions of
the Schedule, article 4 come into force on the same day as section 2 of the Education (Scotland)
Act 2025 comes into force.
(5) Paragraph 1(2) of Part 1 of the Schedule and, so far as relating to that provision, article 4
come into force on the same day as section 9 of the Education (Scotland) Act 2025 comes into force.
(6) Article 3 comes into force on the same day as section 61 of the Education (Scotland) Act
2025 comes into force.
(7) Articles 5 and 6 come into force on the same day as section 33 of the Education (Scotland)
Act 2025 comes into force.
(8) Subject to paragraph (9), this Order extends to England and Wales, Scotland and Northern
Ireland.
(9) Any modification made by this Order has the same extent as the provision modified.
PART 2
Qualifications Scotland and the Scottish Qualifications Authority
Exercise of Qualifications Scotland’s functions
2.—(1) The functions conferred on Qualifications Scotland by section 6 of the Education
(Scotland) Act 2025 are exercisable in or as regards places outwith Scotland.
(2) Section 28(1)(d) of the Education (Scotland) Act 2025 applies to the exercise of functions
by virtue of paragraph (1).
Transitional provision
3. Section 61 of the Education (Scotland) Act 2025 applies (despite subsection (4) of that section)
to things done by or in relation to the Scottish Qualifications Authority which relate to its functions
exercisable otherwise than in or as regards Scotland.
Modifications
4. The modifications specified in the Schedule have effect.
PART 3
His Majesty’s Chief Inspector of Education in Scotland
Status of His Majesty’s Chief Inspector of Education in Scotland as part of the Scottish
Administration
5. His Majesty’s Chief Inspector of Education in Scotland(3) (in Gaelic, Àrd-Neach-sgrùdaidh
an Rìgh airson Foghlam ann an Alba) is part of the Scottish Administration(4).
(3) His Majesty’s Chief Inspector of Education in Scotland is established by section 33(1) of the Education (Scotland) Act 2025.
(4) “Scottish Administration” is defined in section 126(6) of the Scotland Act 1998.
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Construction of references to an office-holder in the Scottish Administration
6.—(1) Unless the context otherwise requires, references in the Scotland Act 1998 and any other
enactment to an office-holder in the Scottish Administration are to be taken to include a reference
to His Majesty’s Chief Inspector of Education in Scotland.
(2) Paragraph (1) applies whether or not the enactment defines the expression “office-holder in
the Scottish Administration” by reference to the Scotland Act 1998 or any other specific provision
of that Act.
Kirsty McNeill
Parliamentary Under Secretary of State
17th December 2025 Scotland Office
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SCHEDULE Article 4
PART 1
Modifications of Public General Acts
House of Commons Disqualification Act 1975
1.—(1) Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of
which all members are disqualified)(5) is amended as follows.
(2) Omit the entry “The Advisory Council established under section 3 of the Scottish
Qualification Authority Act 2002.” and at the appropriate place insert—
“The Strategic Advisory Council established under section 9 of the Education (Scotland) Act 2025.”.
(3) Omit the entry “The Scottish Qualifications Authority.” and at the appropriate place insert—
“Qualifications Scotland.”(6).
Education (Scotland) Act 1996
2. Section 8 of the Education (Scotland) Act 1996(7) is repealed.
PART 2
Modifications of Subordinate Legislation
Motor Vehicles (Driving Licences) Regulations 1999
3.—(1) The Motor Vehicles (Driving Licences) Regulations 1999(8) are amended as follows.
(2) In regulation 22 (interpretation of Part III)(9), in the definition of “educational
qualification”—
(a) in sub-paragraph (a), for “the Scottish Qualifications Authority pursuant to section 2(1)
of the Education (Scotland) Act 1996;” substitute “Qualifications Scotland pursuant to
section 2(1) of the Education (Scotland) Act 2025;”,
(b) in sub-paragraph (b), for “the Scottish Qualifications Authority pursuant to section 3(1)
of the Education (Scotland) Act 1996;” substitute “Qualifications Scotland pursuant to
section 4(1) of the Education (Scotland) Act 2025;”.
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
4.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000(10)
are amended as follows.
(5) 1975 c. 24. Part II of Schedule 1 was relevantly amended by paragraph 1 of Schedule 5 to the Education (Scotland) Act 1996
(c. 43) and paragraph 6 of the Schedule to the House of Commons Disqualification Order 2010 (S.I. 2010/762).
(6) Qualifications Scotland (in Gaelic, Teisteanasan Alba) is established by section 1(1) of the Education (Scotland) Act 2025
(asp 11).
(7) 1996 c. 43.
(8) S.I. 1999/2864.
(9) The definition of “educational qualification” in regulation 22 was inserted by regulation 6(b) of the Motor Vehicles (Driving
Licences) (Amendment) Regulations 2010 (S.I. 2010/1203).
(10) S.I. 2001/155.
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(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “course
of advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears,
substitute “Qualifications Scotland”.
Child Support (Maintenance Calculations and Special Cases) Regulations (Northern
Ireland) 2001
5.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern
Ireland) 2001(11) are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “course
of advanced education”, for “the Scottish Qualifications Authority”, in each place where it appears,
substitute “Qualifications Scotland”.
Employment and Support Allowance Regulations 2008
6.—(1) The Employment and Support Allowance Regulations 2008(12) are amended as follows.
(2) In regulation 9(5) (conditions relating to youth – claimants aged 20 or over but under 25),
in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place
where it appears, substitute “Qualifications Scotland”.
Employment and Support Allowance Regulations (Northern Ireland) 2008
7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(13) are
amended as follows.
(2) In regulation 9(5) (conditions relating to youth – claimants aged 20 or over but under 25),
in the definition of “advanced education”, for “the Scottish Qualifications Authority”, in each place
where it appears, substitute “Qualifications Scotland”.
Education (Student Loans) (Repayment) Regulations 2009
8.—(1) The Education (Student Loans) (Repayment) Regulations 2009(14) are amended as
follows.
(2) In regulation 3(1) (interpretation)(15) in the definition of “eligible course”, after “the Scottish
Qualifications Authority” insert “or Qualifications Scotland”.
(3) In regulation 9(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority”
insert “or Qualifications Scotland”.
Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009
9.—(1) The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009(16)
are amended as follows.
(2) In regulation 6(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority”
insert “or Qualifications Scotland”.
(11) S.R. 2001 No. 18.
(12) S.I. 2008/794.
(13) S.R. 2008 No. 280.
(14) S.I. 2009/470.
(15) The definition of “eligible course” in regulation 3(1) was inserted by regulation 5(1)(e) of the Education (Student Loans)
(Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335).
(16) S.R. 2009 No. 128.
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Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009
10.—(1) The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(17) are
amended as follows.
(2) In paragraph 3(b) of Schedule 3, after “the Scottish Qualifications Authority” insert “or
Qualifications Scotland”.
Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011
11.—(1) The Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011
(Rheoliadau Deddf Plant 1989 (Bwrsari Addysg Uwch) (Cymru) 2011)(18) are amended as follows.
(2) In regulation 4(1)(a)(iii)—
(a) in the English language text for “the Scottish Qualification Authority” substitute
“Qualifications Scotland”,
(b) in the Welsh language text, for “Awdurdod Cymwysterau’r Alban” substitute
“Cymwysterau’r Alban”.
(3) In regulation 4(2)(b)—
(a) in the English language text, for “the Scottish Qualification Authority” substitute
“Qualifications Scotland”,
(b) in the Welsh language text, for “Awdurdod Cymwysterau’r Alban” substitute
“Cymwysterau’r Alban”.
Education (Student Support) Regulations 2011
12.—(1) The Education (Student Support) Regulations 2011(19) are amended as follows.
(2) In paragraph 3(b) of Schedule 2, after “the Scottish Qualifications Authority” insert “or
Qualifications Scotland”.
Plant Protection Products (Sustainable Use) Regulations 2012
13.—(1) The Plant Protection Products (Sustainable Use) Regulations 2012(20) are amended as
follows.
(2) In regulation 5(12) (designation of authorities (training and certification)), in the definition
of “a regulator in the United Kingdom”, for “the Scottish Qualifications Authority” substitute
“Qualifications Scotland”.
Employment and Support Allowance Regulations 2013
14.—(1) The Employment and Support Allowance Regulations 2013(21) are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “advanced education”, for “the Scottish
Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.
(17) S.R. 2009 No. 373.
(18) S.I. 2011/823 (W. 122).
(19) S.I. 2011/1986.
(20) S.I. 2012/1657.
(21) S.I. 2013/379.
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Employment and Support Allowance Regulations (Northern Ireland) 2016
15.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2016(22) are
amended as follows.
(2) In regulation 2 (interpretation), in the definition of “advanced education”, for “the Scottish
Qualifications Authority”, in each place where it appears, substitute “Qualifications Scotland”.
Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016
16.—(1) The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations
2016(23) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) in the definition of “competent authority”(24), for “the Scottish Qualifications Authority”
substitute “Qualifications Scotland”,
(b) in the definition of “registration body”, for “the Scottish Qualifications Authority”
substitute “Qualifications Scotland”.
Education (Student Support) (Wales) Regulations 2017
17.—(1) The Education (Student Support) (Wales) Regulations 2017 (Rheoliadau Addysg
(Cymorth i Fyfyrwyr) (Cymru) 2017)(25) are amended as follows.
(2) In paragraph 3(b) of Schedule 2—
(a) in the English language text after “the Scottish Qualification Authority” insert “or
Qualifications Scotland”,
(b) in the Welsh language text, after “Awdurdod Cymwysterau’r Alban” insert “neu
Cymwysterau’r Alban”.
Trade Union (Facility Time Publication Requirements) Regulations 2017
18.—(1) The Trade Union (Facility Time Publication Requirements) Regulations 2017(26) are
amended as follows.
(2) In paragraph 165 of Schedule 1, for “The Scottish Qualifications Authority” substitute
“Qualifications Scotland”.
Education (Student Support) (Wales) Regulations 2018
19.—(1) The Education (Student Support) (Wales) Regulations 2018 (Rheoliadau Addysg
(Cymorth i Fyfyrwyr) (Cymru) 2018)(27) are amended as follows.
(2) In regulation 6(1) (designated courses – conditions), in Condition 1(c)—
(a) in the English language text—
(i)in paragraph (i), omit “or”,
(ii)in paragraph (ii), for “;” substitute “, or”,
(22) S.R. 2016 No. 219.
(23) S.I. 2016/1147.
(24) The definition of “competent authority” was amended by paragraph 8(2)(b) of Schedule 4 to the Recognition of
Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023
(S.I. 2023/1286).
(25) S.I. 2017/47 (W. 21).
(26) S.I. 2017/328.
(27) S.I. 2018/191 (W. 42). Regulation 16 was relevantly amended by regulation 4(d) of the Education (Student Finance)
(Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814).
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(iii)after paragraph (ii), insert “(iii) Qualifications Scotland;”;
(b) in the Welsh language text—
(i)in paragraph (i), omit “neu”,
(ii)in paragraph (ii), for “;” substitute “, neu”,
(iii)after paragraph (ii), insert “(iii) Cymwysterau’r Alban;”.
(3) In regulation 16(4)(c) (maximum period of eligibility – tuition fee loans and grants for certain
continuing students)—
(a) in the English language text—
(i)omit “either”,
(ii)after “Business and Technology Education Council” for “or” substitute “,”,
(iii)after “the Scottish Qualification Authority” insert “or Qualifications Scotland”;
(b) in the Welsh language text—
(i)for “naill ai’r” substitute “y”,
(ii)after “Cyngor Addysg Busnes a Thechnoleg” for “neu” substitute “,”,
(iii)after “Awdurdod Cymwysterau’r Alban” insert “neu Cymwysterau’r Alban”.
(4) In paragraph 6(1) of Schedule 1—
(a) in the English language text, in the definition of “end-on course”—
(i)after “Business and Technology Education Council,” omit “or”,
(ii)after “the Scottish Qualification Authority, or” insert “(iii) Qualifications Scotland,
or”;
(b) in the Welsh language text, in the definition of “cwrs penben”—
(i)after “y Cyngor Addysg Busnes a Thechnoleg,” omit “neu”,
(ii)after “Awdurdod Cymwysterau’r Alban, neu” insert “(iii) Cymwysterau’r Alban,
neu”.
Higher Education and Research Act 2017 (Cooperation and Information Sharing)
Regulations 2018
20.—(1) The Higher Education and Research Act 2017 (Cooperation and Information Sharing)
Regulations 2018(28) are amended as follows.
(2) In the table in the Schedule—
(a) in the “relevant person” column, for the entry “Scottish Qualifications Authority”,
substitute “Qualifications Scotland”,
(b) in the corresponding row in the “relevant function” column, for “Its functions under the
Education (Scotland) Act 1996”, substitute “Its functions under the Education (Scotland)
Act 2025”.
Agriculture (Student Fees) Regulations (Northern Ireland) 2023
21.—(1) The Agriculture (Student Fees) Regulations (Northern Ireland) 2023(29) are amended
as follows.
(28) S.I. 2018/607.
(29) S.R. 2023 No. 98.
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(2) In regulation 4(a)(i)(bb) (higher education courses), for “the Scottish Qualifications
Authority” substitute “Qualifications Scotland”.
Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector)
Regulations 2024
22.—(1) The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector)
Regulations 2024(30) are amended as follows.
(2) In paragraph 176 of the Schedule, for “The Scottish Qualifications Authority” substitute
Qualifications Scotland”.
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.
(30) S.I. 2024/143.
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