New education law powers begin in Scotland on 26 Feb

From Thursday 26 February 2026, Scotland switches on the next pieces of its new education law. The Education (Scotland) Act 2025 (Commencement No. 3) Regulations 2026 were signed on 12 February, laid before the Scottish Parliament on 16 February, and set 26 February as the start date. Where the schedule limits a section to a specific purpose, that section begins only for that purpose. Think of this as the legal timetable behind reform rather than an overnight change to lessons or exams.

A quick refresher helps. The 2025 Act replaces the Scottish Qualifications Authority with a new national awarding body, Qualifications Scotland, and creates a new office of His Majesty’s Chief Inspector of Education in Scotland with stronger independence from government. Alongside this, Education Scotland’s role is being refocused. These headline changes are set out in the Scottish Parliament’s bill page and the Scottish Government’s explainer. (parliament.scot)

Let’s pin down the timeline. The Bill was passed on 25 June 2025 and became an Act on 6 August 2025. In January 2026, earlier commencement regulations began phasing in governance parts of the Act, with appointed days from 27 January and further switch-ons across 1 February, 1 March, 1 April and 31 August 2026. Qualifications Scotland then began operating from 1 February 2026, with public activity announced on Monday 2 February. Commencement No. 3 adds to that sequence. (parliament.scot)

If the language of ‘made’, ‘laid’ and ‘coming into force’ feels unfamiliar, here’s how to read it. ‘Made’ is when Ministers sign the regulation. ‘Laid’ is when Parliament is formally notified. ‘Coming into force’ is the date the law starts to apply. For schools and colleges, this is a schedule to note-not a reason to rewrite your schemes of work mid-term.

What this means in your classroom is continuity. Qualifications Scotland confirms the 2026 National Qualifications will run as planned, with no changes to what you are studying or how you are assessed this year. Approved centre status and your usual account manager arrangements continue, so day‑to‑day delivery carries on. (sqa.org.uk)

For headteachers and administrators, the main task is housekeeping. As you refresh policies and web pages, replace references to ‘SQA’ with ‘Qualifications Scotland’. Keep an eye on the learner and educator charters and the new practitioner and learner committees that the organisation is setting up to embed student and teacher voice in decisions. (qualifications.gov.scot)

Inspection is also changing in structure, not in your lesson tomorrow. The Act creates the post of HM Chief Inspector of Education in Scotland with greater independence, while Ministers retain powers to request inspections. For staff and families, this aims to strengthen accountability around quality and standards rather than introduce new classroom rules. (gov.scot)

Here’s a quick Q&A you can share with parents and learners this week. Will exam timetables change because of 26 February? No. Will certificates still be recognised? Yes-awards continue, and over time they will carry the name ‘Qualifications Scotland’ rather than ‘SQA’. Do you need new textbooks or to redo internal assessments? No. The legal switch-on underpins the system; learning continues. (sqa.org.uk)

Looking ahead, the signal to watch is consultation, not sudden policy shifts. Qualifications Scotland has set early priorities that include exploring less reliance on single high‑stakes exams in some subjects and building stronger partnerships with schools. Any changes will come with engagement first, so use this term to focus on delivery and have your say when invitations land. (qualifications.gov.scot)

If you want to read the source material, the Education (Scotland) Act 2025 is published via the Scottish Parliament’s pages, and the Commencement No. 3 Regulations (SSI 2026/83) are on legislation.gov.uk with the full schedule of sections activated from Thursday 26 February 2026 and the signature of Jenny Gilruth. (parliament.scot)

← Back to Stories