New rules align HMCIES and Qualifications Scotland

Scotland has signed off fresh regulations to keep education law in step with the 2025 reforms. The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026 were approved by the Scottish Parliament earlier in January and made on 28 January 2026, updating references across legislation so the new inspectorate and the new qualifications body can operate cleanly. Lawmakers discussed and backed the draft earlier this month, paving the way for signature. (parliament.scot)

First, a reminder of the reform. The Education (Scotland) Act 2025 creates Qualifications Scotland to take over from the Scottish Qualifications Authority (SQA), and establishes a new independent office: His Majesty’s Chief Inspector of Education in Scotland (HMCIES). These are the anchor institutions for assessment and inspection as the system changes. (legislation.gov.uk)

So what do the 2026 regulations actually do? They swap older legal references to ‘HM inspectors of schools’ for the new ‘His Majesty’s Chief Inspector of Education in Scotland’ where Gaelic education is concerned, and they replace ‘SQA’ with ‘Qualifications Scotland’ in provisions about Gaelic-medium qualifications and related materials. This ensures the right bodies are named in law when standards are set or advice is sought. (legislation.gov.uk)

For Gaelic language plans, education authorities already have to consult key groups. The new instrument confirms that, where a council is preparing a Gaelic language plan, consultation should be with HMCIES rather than the old inspectorate wording. This keeps the consultation duty aligned with the reformed inspectorate model. (legislation.gov.uk)

Qualifications Scotland’s role is also clarified in law. Where the 2016 Act previously put duties on the SQA to make qualifications available through Gaelic, the updated wording now places those duties on Qualifications Scotland. That continuity matters for pupils and teachers who rely on Gaelic-medium pathways. (legislation.gov.uk)

Money matters too. The regulations update the Budget (Scotland) Act 2025 so Scottish Ministers can fund the office of HMCIES and provide grant and accreditation funding linked to Qualifications Scotland. In committee, ministers explained this was needed to keep funding lines correct for the current budget year. (parliament.scot)

When does this start to bite? Parts of the 2026 regulations commence in step with when different sections of the 2025 Act begin. Section 1 (establishing Qualifications Scotland) started coming into force on 1 December 2025, with further commencement phases scheduled during early 2026. That means you may see changes roll out over the spring as more provisions switch on. (legislation.gov.uk)

What this means for your classroom: if you teach or study through Gaelic, the process behind the scenes should feel smoother. When a council considers an all‑Gaelic school or plans Gaelic provision, the formal advice route points to HMCIES. For learners, the badge on certificates will change over time, but the route to a recognised award continues under Qualifications Scotland. (legislation.gov.uk)

Inspection is being reshaped too. The 2025 Act sets up HMCIES as an independent office with inspectors and the power to set inspection focus and cadence, strengthening autonomy compared with the previous arrangements within Education Scotland. The new regulations simply make sure other laws reflect that shift. (legislation.gov.uk)

If you lead a school or college, watch for updated guidance from the inspectorate and the new awarding body. The inspectorate’s transition started in November 2025, and officials have signalled a stronger emphasis on engagement and updated inspection approaches. Expect more detail as the office beds in and the finance updates take effect. (educationinspectorate.gov.scot)

If you want to read the primary sources, start with legislation.gov.uk for the Education (Scotland) Act 2025 and the Scottish Languages Act 2025 sections on Gaelic, then the committee’s 7 January 2026 report explaining why the consequential regulations were needed. These documents show how the legal jigsaw fits together. (legislation.gov.uk)