Scottish Ministers have made the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026 (SSI 2026/40), signed on 28 January 2026. The instrument updates Gaelic education governance and budget lines to reflect the creation of Qualifications Scotland and the office of His Majesty’s Chief Inspector of Education in Scotland (HMCIES).
Under regulation 1, most provisions come into force on the date section 1 of the Education (Scotland) Act 2025 is commenced for all purposes. Regulation 2(2)–(4), regulation 3 and regulation 4(2)(a) take effect on the date section 33 of that Act is commenced for all purposes, aligning the legal text with the establishment of HMCIES. The instrument therefore tracks the Act’s staged commencement rather than setting a standalone start date.
Regulation 2 revises provisions of the Education (Scotland) Act 2016 that were inserted by the Scottish Languages Act 2025. In section 6B(3), which concerns standards and requirements for Gaelic education, Scottish Ministers must consult HMCIES instead of HM inspectors. Equivalent substitutions are made in new sections 13B and 13D on the viability assessment for all‑Gaelic schools and ministerial directions to establish such schools.
Regulation 2 also updates sections 16B and 16C of the 2016 Act so that duties previously placed on the Scottish Qualifications Authority transfer to Qualifications Scotland. These cover the availability of qualifications through the medium of Gaelic and the production of related materials, ensuring the statutory awarding and materials functions rest with the new body created by the 2025 Act.
Regulation 3 amends section 3(6A) of the Gaelic Language (Scotland) Act 2005, as inserted by the Scottish Languages Act 2025, to require education authorities to consult HMCIES when preparing Gaelic language plans. This keeps the advisory role consistent across Gaelic education and language planning frameworks.
Regulation 4 adjusts schedule 1 of the Budget (Scotland) Act 2025. Purpose 4 is expanded to include funding of the office of HMCIES; the accreditation line is widened to include Qualifications Scotland alongside the Scottish Qualifications Authority; and the grant‑in‑aid reference is updated so that Qualifications Scotland is named where the Scottish Qualifications Authority appears.
For education authorities, the practical effect is that advice on the viability of establishing all‑Gaelic schools and consultation on standards will come from the Chief Inspector’s office once section 33 is commenced. Preparing Gaelic language plans will also require consultation with HMCIES, replacing earlier references to HM inspectors.
For schools and learners, moving responsibilities from SQA to Qualifications Scotland is intended to provide continuity in Gaelic‑medium qualifications and supporting materials. Centres should treat Qualifications Scotland as the relevant contact for accreditation and content obligations as section 1 of the 2025 Act is commenced.
For finance teams within the Scottish Administration, the budget amendments place the office of HMCIES and Qualifications Scotland accreditation within existing purpose 4 lines of the 2025 Budget Act. Adding Qualifications Scotland to grant‑in‑aid references clarifies the route for funding the new body on a basis comparable to the Scottish Qualifications Authority.
The Regulations are signed by Jenny Gilruth on 28 January 2026. The Explanatory Note records that HMCIES assumes functions previously exercised by HM inspectors appointed under the Education (Scotland) Act 1980 and that Qualifications Scotland replaces the SQA. Stakeholders should monitor commencement notices for sections 1 and 33 to identify operational dates for these changes.