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

• Citation: S.I. 2025/1350
• Sections: 28

Section 1 Citation, commencement and extent

(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 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.

(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.

Section 2 Exercise of Qualifications Scotland’s functions

(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).

Section 3 Transitional provision

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.

Section 4 Modifications

The modifications specified in the Schedule have effect.

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

His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba ) is part of the Scottish Administration .

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

(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.

Section 1 House of Commons Disqualification Act 1975

(1) Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) 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.

Section 2 Education (Scotland) Act 1996

Section 8 of the Education (Scotland) Act 1996 is repealed.

Section 3 Motor Vehicles (Driving Licences) Regulations 1999

(1) The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.

(2) In regulation 22 (interpretation of Part III) , 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;” .

Section 4 Child Support (Maintenance Calculations and Special Cases) Regulations 2000

(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 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” .

Section 5 Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001

(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 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” .

Section 6 Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 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” .

Section 7 Employment and Support Allowance Regulations (Northern Ireland) 2008

(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 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” .

Section 8 Education (Student Loans) (Repayment) Regulations 2009

(1) The Education (Student Loans) (Repayment) Regulations 2009 are amended as follows.

(2) In regulation 3(1) (interpretation) 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” .

Section 9 Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

(1) The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In regulation 6(2)(b) (interpretation of Part 2), after “the Scottish Qualifications Authority” insert “or Qualifications Scotland” .

Section 10 Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

(1) The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 are amended as follows.

(2) In paragraph 3(b) of Schedule 3, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland” .

Section 11 Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011

(1) The Children Act 1989 (Higher Education Bursary) (Wales) Regulations 2011 (Rheoliadau Deddf Plant 1989 (Bwrsari Addysg Uwch) (Cymru) 2011) 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” .

Section 12 Education (Student Support) Regulations 2011

(1) The Education (Student Support) Regulations 2011 are amended as follows.

(2) In paragraph 3(b) of Schedule 2, after “the Scottish Qualifications Authority” insert “or Qualifications Scotland” .

Section 13 Plant Protection Products (Sustainable Use) Regulations 2012

(1) The Plant Protection Products (Sustainable Use) Regulations 2012 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” .

Section 14 Employment and Support Allowance Regulations 2013

(1) The Employment and Support Allowance Regulations 2013 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” .

Section 15 Employment and Support Allowance Regulations (Northern Ireland) 2016

(1) The Employment and Support Allowance Regulations (Northern Ireland) 2016 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” .

Section 16 Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016

(1) The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “competent authority” , for “the Scottish Qualifications Authority” substitute “Qualifications Scotland” ,

(b) in the definition of “registration body”, for “the Scottish Qualifications Authority” substitute “Qualifications Scotland” .

Section 17 Education (Student Support) (Wales) Regulations 2017

(1) The Education (Student Support) (Wales) Regulations 2017 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2017) 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” .

Section 18 Trade Union (Facility Time Publication Requirements) Regulations 2017

(1) The Trade Union (Facility Time Publication Requirements) Regulations 2017 are amended as follows.

(2) In paragraph 165 of Schedule 1, for “The Scottish Qualifications Authority” substitute “Qualifications Scotland” .

Section 19 Education (Student Support) (Wales) Regulations 2018

(1) The Education (Student Support) (Wales) Regulations 2018 (Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2018) 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” ,

(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” .

Section 20 Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018

(1) The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 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” .

Section 21 Agriculture (Student Fees) Regulations (Northern Ireland) 2023

(1) The Agriculture (Student Fees) Regulations (Northern Ireland) 2023 are amended as follows.

(2) In regulation 4(a)(i)(bb) (higher education courses), for “the Scottish Qualifications Authority” substitute “Qualifications Scotland” .

Section 22 Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024

(1) The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024 are amended as follows.

(2) In paragraph 176 of the Schedule, for “The Scottish Qualifications Authority” substitute Qualifications Scotland”.