Scottish Ministers have made the Qualifications Scotland (Strategic Advisory Council) (Establishment) Regulations 2026 (SSI 2026/36), laid before the Scottish Parliament on 30 January 2026 and coming into force on 12 March 2026. The instrument gives effect to section 9 of the Education (Scotland) Act 2025, which requires Ministers to establish a Strategic Advisory Council for Qualifications Scotland. (tsoshop.co.uk)
Section 9 of the 2025 Act sets the Council’s purpose: to consider matters relating to Qualifications Scotland’s qualifications, and to the organisation’s functions and procedures, and to provide advice to either Qualifications Scotland or the Scottish Ministers, whether on request or on the Council’s own initiative. (legislation.gov.uk)
The Regulations set a broad-based membership. In addition to statutory representation for children and young people and for parents and carers, there must be members with knowledge of the needs and interests of learners with additional support needs, representatives of a trade union for education staff, individuals representative of business, industry and skills, at least one director of education, representatives of the Scottish Funding Council, and members drawn from the college and university sectors, alongside any other persons with relevant expertise. Two conveners are appointed by Ministers, one of whom must also be a member of Qualifications Scotland; members of staff of Qualifications Scotland cannot serve. Terms are up to four years, with reappointment allowed to a maximum of 12 years. (legislation.gov.uk)
Appointments can end early. A member may resign by written notice, and Ministers may remove a member for prolonged absence without reasonable excuse, if the person no longer meets the category under which they were appointed, or where the member is unable to perform the role or is considered unsuitable.
The Council’s working methods are explicitly consultative. Where appropriate, it must consult Qualifications Scotland, the Learner Interest Committee, the Teacher and Practitioner Interest Committee, any other committee or sub‑committee established by Qualifications Scotland, and any other persons it considers appropriate. It must also have regard to consultations carried out by Qualifications Scotland and to any guidance issued by Ministers on complying with these duties; such guidance must be published. (legislation.gov.uk)
Procedurally, the Council regulates its own business (including quorum) and may create committees and sub‑committees that can include non‑members. At least one meeting in each financial year must be open to the public, with reasonable steps taken jointly by the Council and Qualifications Scotland to promote attendance. Members of staff of Qualifications Scotland may observe or participate at the conveners’ discretion, and a representative of the Scottish Ministers may also observe or participate. (legislation.gov.uk)
Information‑sharing and advice are formalised. Qualifications Scotland must provide any information reasonably requested by the Council to support its functions, or explain in writing why a request is declined. When the Council provides written advice to Qualifications Scotland or to Ministers, it must copy the advice to the other. Where advice is issued to Qualifications Scotland, the organisation must respond in writing and copy its response to Ministers. (legislation.gov.uk)
Remuneration is permitted. Qualifications Scotland may pay allowances and expenses to conveners and members as determined by Ministers, ensuring a consistent approach to costs across appointments. (legislation.gov.uk)
To protect business continuity, the Regulations state that proceedings are not invalidated by vacancies, by the absence of one or both conveners, by a defect in a member’s appointment, or by a member’s early departure.
The Regulations arrive as Qualifications Scotland replaces the Scottish Qualifications Authority on 1 February 2026. The advisory structure adds formal routes for learners, practitioners and sectors to influence policy and awarding decisions, while the annual public meeting and written‑response duties strengthen transparency in how advice is considered. (gov.scot)
The legislation also sits alongside new stakeholder forums inside Qualifications Scotland. The organisation is establishing a Learner Interest Committee and a Teacher and Practitioner Interest Committee, which the Council must consult when appropriate. Their creation underlines the role of lived experience and professional input in shaping advice to Ministers and to Qualifications Scotland. (qualifications.gov.scot)
For scrutiny practitioners, one final point of process matters: the Explanatory Notes to section 9 confirm these regulations are subject to the negative procedure under section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010, meaning they come into force unless annulled. (legislation.gov.uk)