Scottish Ministers have made the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026 to complete legal housekeeping for education reform. Approved by resolution of the Scottish Parliament and signed on 28 January 2026, the instrument updates Gaelic education provisions and the Budget (Scotland) Act 2025 so that references point to Qualifications Scotland and the office of His Majesty’s Chief Inspector of Education in Scotland (HMCIES). (parliament.scot)
The Regulations rely on powers in section 65 of the Education (Scotland) Act 2025 and use the affirmative procedure because they modify primary legislation. They were scrutinised by the Education, Children and Young People Committee before being approved by the Parliament. (parliament.scot)
Commencement is split. Most provisions take effect on the day section 1 of the Education (Scotland) Act 2025 comes into force for all purposes (establishing Qualifications Scotland). Provisions that reference the inspectorate take effect on the day section 33 (establishing HMCIES) is commenced for all purposes. Section 1 began in part on 1 December 2025; full commencement will be set by further regulations. (legislation.gov.uk)
On Gaelic education standards, the instrument updates new section 6B of the Education (Scotland) Act 2016 (inserted by the Scottish Languages Act 2025) so that Ministers consult HMCIES rather than the former HM inspectors of schools when preparing regulations on standards. This ensures future standards-setting reflects the structure of the new inspectorate. (legislation.gov.uk)
For proposals to create all‑Gaelic schools, the instrument replaces references to HM inspectors with HMCIES in sections 13B and 13D of the 2016 Act, which set the advice‑seeking process for viability assessments and enable ministerial directions where authorities do not act. The underlying duties and triggers remain as passed in 2025; only the consultee changes. (legislation.gov.uk)
Education authorities’ Gaelic language plans are also aligned. The amendment to section 3(6A) of the Gaelic Language (Scotland) Act 2005 changes the statutory consultee from HM inspectors to HMCIES, maintaining a single point of inspection advice across school and language‑planning duties. (legislation.gov.uk)
On qualifications, the instrument replaces references to the Scottish Qualifications Authority with Qualifications Scotland in sections 16B and 16C of the 2016 Act. Those sections, inserted by the Scottish Languages Act 2025, require an appropriate range of Gaelic‑medium qualifications and equivalent Gaelic materials for relevant awards; the duty now rests with the new awarding body created by section 1 of the 2025 Act. (legislation.gov.uk)
Budget machinery is updated to allow funding to flow to the reformed bodies in 2025/26. Schedule 1 of the Budget (Scotland) Act 2025 is amended to add the office of HMCIES, to recognise Qualifications Scotland for grant‑in‑aid, and to include accreditation references for both SQA and Qualifications Scotland. The Education Committee noted these updates enable Ministers to fund the new bodies during the current budget year. (legislation.gov.uk)
For local authorities, the immediate effect at commencement is procedural: when preparing Gaelic standards, assessing the viability of all‑Gaelic schools, or updating Gaelic language plans, the statutory consultation route will be to HMCIES. Authorities should refresh consultation templates and timelines to reflect the inspectorate change once the relevant provisions commence. (legislation.gov.uk)
For schools and centres delivering Gaelic‑medium qualifications, award responsibility transfers to Qualifications Scotland. Providers should verify centre approvals and any accreditation interactions under the new Accreditation Committee within Qualifications Scotland, and plan for continuity of Gaelic materials required by sections 16B and 16C. (legislation.gov.uk)
Inspection arrangements are moving onto a new footing. Under the 2025 Act, inspection frequency and focus will be determined independently by the Chief Inspector rather than set by Ministers, a shift reflected in the consultee changes above and the creation of a standalone inspectorate. (legislation.gov.uk)
Timing remains important. Section 1 of the 2025 Act has already been commenced in part from 1 December 2025; further commencement orders will switch on remaining functions “for all purposes”, as will the full establishment of HMCIES under section 33. The Education Committee took evidence on the draft instrument on 7 January 2026 before the Regulations were made on 28 January 2026. (legislation.gov.uk)