Scottish Ministers have made Regulations establishing the Strategic Advisory Council for Qualifications Scotland. The instrument (SSI 2026/36) was made on 28 January 2026, laid on 30 January 2026, and comes into force on 12 March 2026. It is made under section 9 of the Education (Scotland) Act 2025. (legislation.gov.uk)
The Council’s statutory purpose, set by section 9(1) of the 2025 Act, is to consider matters relating to Qualifications Scotland’s qualifications and the organisation’s functions and procedures, and to provide advice on those matters to Qualifications Scotland or to Scottish Ministers-either on request or on the Council’s own initiative. (legislation.gov.uk)
The Regulations require the Council, when appropriate, to consult Qualifications Scotland and its committees, including the Learner Interest Committee and the Teacher and Practitioner Interest Committee, and to take account of consultations that Qualifications Scotland has already carried out. The Council must also have regard to any guidance issued by Ministers on how to comply with these duties. Separately, the 2025 Act places a duty on Qualifications Scotland to consult the Council when appropriate and to publish procedures for doing so and for responding to the Council’s advice. (legislation.gov.uk)
Membership is set out in regulation 6 and is broad by design. Ministers will appoint members representing children and young people; people with knowledge of the needs and interests of learners with educational support needs who are undertaking a Qualifications Scotland qualification; parents and carers of learners; representatives of trade unions for staff of educational establishments; representatives of business, industry and skills; at least one local authority director of education; representatives of the Scottish Funding Council; representatives of colleges of further education; and representatives of higher education institutions. Ministers may also appoint other persons with relevant skills, knowledge and expertise.
Ministers must appoint two conveners, with exactly one also a member of Qualifications Scotland; staff of Qualifications Scotland cannot be members. Members are appointed for terms of up to four years and may be reappointed, but no one may serve more than 12 years in total. These requirements reflect the framework set in section 9 of the 2025 Act. (legislation.gov.uk)
The Regulations specify grounds on which Ministers may remove a member, including prolonged absence from Council and committee meetings without reasonable excuse, ceasing to meet the criteria for a category-based appointment, or where the member is unable to perform the role or is otherwise unsuitable. Appointments otherwise begin and end on terms Ministers determine, within the limits above.
The Council may establish committees or sub-committees and can include people who are not Council members. The Council regulates its own procedures, including quorum. At least one meeting each financial year must be open to the public, and, together with Qualifications Scotland, the Council must take reasonable steps to promote public attendance. A representative of the Scottish Ministers may observe or participate in meetings, and members of Qualifications Scotland’s staff may observe or participate at the conveners’ discretion. (legislation.gov.uk)
Information flows are defined. Qualifications Scotland must provide the Council with information it reasonably requests to perform its functions. Where the Council provides written advice to Qualifications Scotland, Qualifications Scotland must respond in writing and send a copy of its response to Ministers; where the Council provides written advice to Ministers, it must copy it to Qualifications Scotland. Section 9 of the 2025 Act also envisages that regulations will govern how advice is provided and how responses are shared. (legislation.gov.uk)
Remuneration is limited to allowances and expenses. Qualifications Scotland may pay conveners and other members such allowances and expenses as Ministers determine. This aligns with section 9(2)(i) of the 2025 Act and does not create salaried posts. (legislation.gov.uk)
For practitioners, the timetable is immediate. Local authorities should identify their director-level participant; colleges, universities, unions and employer bodies should prepare nominees with evidence of sector reach; and Qualifications Scotland should finalise information-sharing protocols and plan the first public meeting in 2026–27. The Scottish Government’s National Improvement Framework update indicated recruitment to the Council would begin in December 2025, consistent with these Regulations taking effect in March 2026. (gov.scot)