Scotland sets 1 Dec start for new qualifications rules
If you teach, study or parent in Scotland, a small but important legal switch happens on Monday 1 December 2025. Scottish Ministers have signed the first commencement regulations for the Education (Scotland) Act 2025-officially Scottish Statutory Instrument 2025/351-bringing selected parts of the Act into force. The instrument was made on 13 November and laid before the Scottish Parliament on 17 November, according to legislation.gov.uk.
What actually starts on 1 December? The regulations appoint that day for the provisions listed in their schedule to begin. Where the schedule limits a section to a specific purpose, it starts only for that purpose. Think of this as turning on particular parts of the law in a planned sequence rather than switching on everything at once.
One early change focuses on how the new national body, Qualifications Scotland, reads the term “relevant qualification” for its membership rules in Schedule 1 of the Act. For a defined transition period, the term covers three routes: a Qualifications Scotland qualification; a qualification devised or awarded by the Scottish Qualifications Authority (SQA); and any qualification accredited by either organisation. The transition runs from 1 December 2025 to 30 November 2029.
What this means for learners and recent school leavers is continuity. If you hold National 5s, Highers, Advanced Highers or other SQA awards, those qualifications sit within the law’s definition used for building the leadership of the new body and related early duties. In short, your certificates remain part of the recognised mix during the move to Qualifications Scotland.
For teachers and school or college leaders, classroom plans and assessment timelines do not change on 1 December because of this instrument. The commencement regulations largely deal with legal structures and definitions rather than timetables for courses or exams. Keep an eye on official communications from your local authority and the awarding organisations for any future operational updates.
The timeline is clear. The Bill received Royal Assent on 6 August 2025 and sections 63 to 67 began the next day. The Commencement No. 1 Regulations were made on 13 November, laid on 17 November, and come into force on 1 December 2025. The transitory definition of “relevant qualification” ends on 30 November 2029, giving the system four years to settle.
If you teach Modern Studies or Law, this is a neat five‑minute case study in how a statute is switched on. Acts often need separate commencement regulations to start different sections. The “No. 1” label signals that more commencement steps may follow as Ministers activate further parts of the Act in stages.
You might get questions at parents’ evening or from senior pupils. Are SQA qualifications still valid? Yes-within this law’s framework, they are included in the transition definition. Will everything change on 1 December? No-this is an early legal step that sets up governance and clarity while everyday teaching and learning continue.
From an equity point of view, the four‑year window matters. It avoids a sudden cut‑off where recent SQA cohorts could be treated differently from those assessed under Qualifications Scotland. It also gives universities, colleges and employers time to align their wording and processes with the new arrangements without disadvantaging applicants.
If you need a reference for your school bulletin or course handbook, note the title: Education (Scotland) Act 2025 (Commencement No. 1 and Transitory Provision) Regulations 2025, Scottish Statutory Instrument 2025 No. 351. The official text and the explanatory note are published by legislation.gov.uk and confirm the dates and definitions set out above.