Scottish Ministers have made the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025 (SSI 2025/385). Signed on 3 December and laid before the Scottish Parliament on 5 December, the instrument updates enactments to reflect the creation of Qualifications Scotland and will come into force on the same day that section 1 of the Education (Scotland) Act 2025 comes into force for all purposes.
Section 1 establishes Qualifications Scotland. Under the Commencement No. 1 and Transitory Provision Regulations, section 1(1) took effect on 1 December 2025 and elements of section 1(2)–(3) were commenced for specified purposes on that date. The consequential instrument therefore activates when section 1 is commenced for all purposes, and organisations should monitor any further commencement regulations.
The schedule makes targeted textual updates by substituting “Scottish Qualifications Authority” with “Qualifications Scotland” across a series of instruments. These include the Scottish Social Services Council (Consultation on Codes of Practice) Order 2001; the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003; the Protection of Charities Assets (Exemption) (Scotland) Order 2006; the Licensing (Training of Staff) (Scotland) Regulations 2007; the Equality Act 2010 (Qualifications Body Regulator and Relevant Qualifications) (Scotland) Regulations 2010; the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012; the St Mary’s Music School (Aided Places) (Scotland) Regulations 2015; the Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017; and the Student Support (Scotland) Regulations 2022.
For social services regulation, consultation on Codes of Practice will now reference Qualifications Scotland, with providers that present social service workers for qualifications expected to check approvals and update materials. The policy approach does not change; the amendment realigns the named body with the new statutory framework.
For council tax administration, the apprentice and student disregard provisions continue but identify relevant courses and qualifications by reference to Qualifications Scotland. Councils should review forms, letters and web pages to ensure current terminology and avoid confusion for households.
In the licensing regime for the sale of alcohol, acceptable staff training includes qualifications accredited for the purposes of the 2007 Regulations by Qualifications Scotland. Equality Act arrangements are also updated so the “appropriate regulator” for qualifications in Scotland is the new body, ensuring continuity of routes for raising complaints about discriminatory treatment linked to qualifications.
In animal welfare regulation, “qualification certificates” may be granted by a body recognised and regulated by Qualifications Scotland. For road works, Qualifications Scotland becomes the registration body for operatives’ and supervisors’ certificates, and the approved register for certificate registration is the register it keeps. Contractors should confirm registration details with the new body before issuing or renewing cards.
For the St Mary’s Music School aided places scheme, references to examinations are updated so that a compulsory field study course is one forming part of an examination conducted by Qualifications Scotland. The underlying rules on remission of charges are unchanged.
The Student Support (Scotland) Regulations 2022 are aligned so that non‑advanced courses, education maintenance allowance criteria and designated courses in Schedule 4 are described by reference to Qualifications Scotland. Providers and SAAS should refresh course descriptors, prospectuses and student communications for the 2025/26 cycle.
The Protection of Charities Assets (Exemption) Order removes a redundant reference to the SQA from the list of specified bodies. This is a tidying change and does not alter charity law procedures for transactions.
Transitional arrangements are already in place. The Commencement No. 1 Regulations set 1 December 2025 as the first appointed day and provide that, until 30 November 2029, “relevant qualification” encompasses awards of both the SQA and Qualifications Scotland. This supports continuity in recognising existing certificates during the reform period.
The Education (Scotland) Act 2025 also confirms that Qualifications Scotland has no functions in relation to degrees. Universities remain responsible for degree awards and are unaffected by these consequential amendments.