Scotland sets SQA replacement, new Chief Inspector

If you teach or study in Scotland, the rules behind exams and inspections are being refreshed. On 28 January 2026, the Scottish Government signed regulations that put the Education (Scotland) Act 2025 into practice by switching references from the Scottish Qualifications Authority to Qualifications Scotland and by confirming a new top inspector role. We’ve translated the legal text so you can see what changes and what stays steady.

First, a quick guide to what this instrument is. It’s called the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026. “Consequential” means it updates other laws so they match the 2025 Act. A draft was laid before and approved by the Scottish Parliament, and the regulations were signed by Jenny Gilruth for the Scottish Government at St Andrew’s House on 28 January 2026, as recorded on legislation.gov.uk.

When do these updates start? Most of the regulations take effect on the same day that section 1 of the 2025 Act fully starts, because section 1 legally creates Qualifications Scotland. A smaller set of provisions begins when section 33 of the Act fully starts, because that section creates the office of His Majesty’s Chief Inspector of Education in Scotland. In short, there are two “switch-on” moments tied to those sections coming into force.

Qualifications Scotland replaces the SQA as the national awarding body under the 2025 Act. These regulations make that swap clear wherever older laws still name the SQA. For example, duties around making qualifications available through Gaelic and producing related materials-previously placed on the SQA-are now placed on Qualifications Scotland under the Education (Scotland) Act 2016 provisions updated here. This is a legal handover, not a sudden change to your course content.

The inspectorate is also being modernised. Instead of referring to “HM inspectors” appointed under older law, the updated wording points to His Majesty’s Chief Inspector of Education in Scotland. That matters for who must be consulted and who gives formal advice to ministers. Think of it as clarifying who signs off professional judgments at national level so schools and colleges know exactly which office to work with.

Gaelic education gets specific attention. Where the 2016 Act-via the Scottish Languages Act 2025-required consultation with HM inspectors on Gaelic education standards, viability assessments for all-Gaelic schools, and ministerial directions to set up such schools, the regulations now require consultation with the Chief Inspector’s office. This keeps the same safeguards but attaches them to the new inspectorate so decision-making is consistent.

There’s a linked update to the Gaelic Language (Scotland) Act 2005. When education authorities prepare Gaelic language plans, the duty to consult now points to the Chief Inspector’s office rather than the old inspectorate wording. For Gaelic-medium leaders, that means the same checks and advice, but routed through the new post so accountability is clear.

Money follows structure, and the Budget (Scotland) Act 2025 is amended to reflect that. The funding purposes now include the office of the Chief Inspector, grant in aid for Qualifications Scotland, and an explicit line for Qualifications Scotland accreditation alongside the existing SQA accreditation reference. This is about resourcing the transition so awarding and quality assurance continue without interruption.

What this means in your classroom or campus is mostly about who you deal with, not what you teach tomorrow. Schools and colleges will continue timetabled learning as normal, but guidance, quality conversations and any formal consultations-especially around Gaelic-medium provision-will reference the Chief Inspector’s office. For assessments and qualifications, the name on future documentation will move towards Qualifications Scotland once the relevant sections commence.

For learners and parents, your current certificates remain part of your record and the curriculum you are following does not change overnight because a regulation is signed. These rules move responsibilities between public bodies so that the law matches the reform Parliament has already approved. You should, however, expect updated logos, refreshed guidance notes, and clearer lines of contact over the coming months.

If you like to track policy carefully, watch for the formal commencement dates of section 1 and section 33 of the 2025 Act-those are the triggers that make these changes live. Until then, this instrument shows you the direction of travel and the practical plumbing behind it. Reading the primary sources-Scottish Parliament approvals and the text on legislation.gov.uk-helps us all check claims against the actual law.