Scottish Ministers have introduced the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026 under the affirmative procedure. The Education, Children and Young People Committee considered the draft on 7 January 2026, following scrutiny by the Delegated Powers and Law Reform Committee, which reported no technical issues. (parliament.scot)
The Regulations are timed to commence alongside the relevant provisions of the Education (Scotland) Act 2025-specifically the establishment of Qualifications Scotland and the office of His Majesty’s Chief Inspector of Education in Scotland (HMCIES). Separate commencement regulations appoint dates across late January, February, March and April 2026 for different parts of the Act. (legislation.gov.uk)
On Gaelic education standards, the instrument replaces references to “HM inspectors of schools” with the Chief Inspector within section 6B(3) of the Education (Scotland) Act 2016 (inserted by the Scottish Languages Act 2025). This ensures that when Ministers draft regulations on standards and requirements for Gaelic education, the statutory consultee is HMCIES. (parliament.scot)
It makes the same substitution for the process around all‑Gaelic schools introduced by the Scottish Languages Act 2025. Authorities assessing viability under prospective section 13B of the 2016 Act, and any ministerial direction to establish a school under section 13D, must now seek advice from the Chief Inspector rather than HM inspectors. (parliament.scot)
Responsibility for Gaelic‑medium qualifications is updated in law from the Scottish Qualifications Authority to Qualifications Scotland. Sections 16B and 16C of the 2016 Act-covering availability of qualifications through Gaelic and production of associated materials-are amended so the duties sit with the new awarding body created by the 2025 Act. (parliament.scot)
The Gaelic Language (Scotland) Act 2005 is also adjusted. Education authorities preparing Gaelic language plans under section 3(6A), inserted by the Scottish Languages Act 2025, must consult the Chief Inspector rather than HM inspectors, aligning consultation with the new inspectorate. (parliament.scot)
Budget mechanics are brought up to date. Schedule 1 of the Budget (Scotland) Act 2025 is amended so the Education and Skills portfolio can fund the office of HMCIES, list Qualifications Scotland accreditation alongside SQA Accreditation, and provide grant in aid to Qualifications Scotland. Committee papers and the Official Report summary confirm this funding alignment. (parliament.scot)
For local authorities, the immediate operational change is administrative. Consultation templates, contact points and governance papers for Gaelic education standards, viability assessments and Gaelic language plans should now name the Chief Inspector as the statutory consultee. Where authorities or schools reference the SQA in Gaelic‑medium qualifications or materials, those references should be updated to Qualifications Scotland.
For finance teams, the Budget update provides cover for in‑year spending as the new inspectorate and awarding body go live. The Scottish Government’s policy note records the intention to allow Education and Skills budget lines to be used for HMCIES and for Qualifications Scotland during 2025/26, alongside legacy SQA functions where required. (parliament.scot)
This instrument sits alongside earlier consequential regulations made in December 2025 that replaced SQA references with Qualifications Scotland across multiple Scottish statutory instruments, and alongside the first commencement regulations that preserve recognition of legacy SQA qualifications until November 2029. Taken together, they provide the statutory continuity needed during the transition. (legislation.gov.uk)
Inspection practice will evolve as powers move from Ministers to the Chief Inspector under the 2025 Act. The inspectorate notes the shift is intended to strengthen the independence of inspection while HMIE continues to discharge existing duties until the new office is fully in force. (educationinspectorate.gov.scot)