Qualifications Scotland replaces SQA; Gaelic rules set

Scotland’s next step in education reform is now confirmed. New regulations tied to the Education (Scotland) Act 2025 switch legal references from the Scottish Qualifications Authority to Qualifications Scotland and recognise the new, independent office of His Majesty’s Chief Inspector of Education in Scotland. MSPs examined and backed the draft in early January, clearing the way for ministers to make the instrument later in the month. (legislation.gov.uk)

If you’re teaching or sitting qualifications this year, your plans do not change. Qualifications Scotland begins on 1 February 2026, but the 2026 National Qualifications exams run as normal; courses, assessments and approved centre status continue exactly as they are. That message comes directly from SQA’s learner and teacher guidance on the transition. (sqa.org.uk)

For Gaelic, two duties added by the Scottish Languages Act 2025 now carry over to the new body. First, there must be an appropriate number and range of qualifications available through Gaelic. Second, when English materials exist for a qualification, equivalent Gaelic materials must be produced for Gaelic‑medium versions, with ministers able to request translations. The fresh regulations simply swap “SQA” for “Qualifications Scotland” so these duties stay live under the new system. (legislation.gov.uk)

Councils weighing an all‑Gaelic school must seek expert advice, and before ministers direct a council to establish one, they must seek advice too. The consultee changes from HM inspectors under the 1980 Act to the new Chief Inspector. In practice, you’ll be speaking with the independent inspectorate rather than a unit within government, with the aim of giving families a clearer route to evidence‑based decisions on Gaelic provision. (parliament.scot)

Inspection itself is being reshaped. The Act sets up the office of the Chief Inspector with greater autonomy over how often and where inspections happen, moving key decisions away from ministers. The transition to a stand‑alone inspectorate-His Majesty’s Inspectorate of Education (HMIE)-began on 1 November 2025, with work under way on refreshed inspection approaches and an advisory council. Expect more direct engagement with classroom voices. (legislation.gov.uk)

Money matters, so the regulations also update the Budget (Scotland) Act 2025. This adds the office of the Chief Inspector to the list of bodies that can be funded and ensures grant‑in‑aid and accreditation funding can flow to Qualifications Scotland. For school and college business managers, this is the technical fix that keeps payments legal during the 2025–26 financial year. (parliament.scot)

Key dates to put in your planner: 27 January 2026 brings in the Strategic Advisory Council; 1 February 2026 starts the next tranche of provisions; 1 March and 1 April 2026 activate more sections. These timings sit in the Commencement No. 2 Regulations, building on an initial commencement that established Qualifications Scotland as a body from 1 December 2025. (vlex.co.uk)

What this means if you teach through Gaelic: you should see qualification materials and guidance available in Gaelic for Gaelic‑medium courses. If something is missing, raise it through your subject channels-there’s now a legal duty on the new body to provide those materials and to translate when ministers request it. Departments exploring new Gaelic pathways should gather demand data early and be ready to show it when discussing provision with the inspectorate. (legislation.gov.uk)

For students and families: your 2026 exams go ahead as planned. If you learn through Gaelic, ask your school how to access Gaelic‑language materials for your courses; the law expects those to be available where a qualification is offered through Gaelic. Keep an eye on school messages and Qualifications Scotland updates across February and March as more sections of the Act come into force. (sqa.org.uk)

A quick classroom activity to build media‑law literacy: compare a primary law (the Education (Scotland) Act 2025) with the follow‑up “consequential” regulations. Ask learners to explain-in a short paragraph-why a change such as replacing “SQA” with “Qualifications Scotland” needs a separate regulation, and what problem it solves for schools. Use the official legislation pages to anchor the task. (legislation.gov.uk)

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