Scotland updates laws for Qualifications Scotland shift

Scotland is updating a wide set of education and training rules to reflect the move from the Scottish Qualifications Authority to Qualifications Scotland. Ministers have made the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025, signed by Jenny Gilruth on 3 December and laid before the Scottish Parliament on 5 December. These changes take effect on the day section 1 of the 2025 Act is brought fully into force. Source: legislation.gov.uk.

Let’s pin down what “Qualifications Scotland” means. It is the new national qualifications body created by the Education (Scotland) Act 2025 (Teisteanasan Alba in Gaelic). The Act sets out the organisation’s status, board and functions. Section 1 began to commence on 1 December 2025 via a commencement order, with further provisions phased in. Source: Education (Scotland) Act 2025 and Commencement No. 1 Regulations.

What happens between December and early 2026? Government updates indicate that Qualifications Scotland becomes a legal entity on 1 December 2025 and is planned to be fully operational on 1 February 2026. In this phased switch, your current entries and assessments continue as scheduled, with SQA branding used until the operational handover. Sources: SWQR and the Scottish Training Federation.

For students and apprentices, council tax rules are not changing in substance. The new Regulations simply replace “SQA” with “Qualifications Scotland” wherever student or apprentice status is referenced in the Council Tax (Discounts) (Scotland) Order. If you’re already disregarded as a full‑time student or an eligible apprentice, you continue to be disregarded; the name on the paperwork is what’s updated. Source: legislation.gov.uk.

Student finance is also continuity by design. The Regulations update the Student Support (Scotland) Regulations 2022 so that designated courses and the definition of non‑advanced education refer to Qualifications Scotland rather than the SQA. This keeps eligibility for student loans and Education Maintenance Allowances stable while the new body takes over. Sources: legislation.gov.uk and the 2022 Student Support Regulations.

Equality law matters here too. Under the Equality Act 2010 arrangements for Scotland, the “appropriate regulator” for qualifications is now set to be Qualifications Scotland instead of the SQA. In plain terms, if you’re seeking reasonable adjustments or raising a qualifications‑related discrimination complaint, the designated body in Scots law will be Qualifications Scotland. Source: legislation.gov.uk.

If you work in hospitality, the Licensing (Training of Staff) (Scotland) Regulations are updated so mandatory training can be accredited under Qualifications Scotland rather than the SQA. For learners and employers, this is an administrative swap of the accrediting body rather than a new training requirement. Source: legislation.gov.uk.

For road workers and supervisors, the Regulations name Qualifications Scotland as the registration body for competence certificates under the 2017 road works rules. The Street Works Qualification Register has flagged a transition with full operational responsibilities moving to Qualifications Scotland in February 2026, so your current cards and renewals continue through the handover. Sources: legislation.gov.uk and SWQR.

There are several other technical updates: animal‑welfare competence certificates now point to Qualifications Scotland in the 2012 regulations; St Mary’s Music School’s aided‑places rules now reference exams conducted by Qualifications Scotland; and a redundant SQA reference is removed from the charities assets order. These are tidy‑ups so future certificates and guidance point to the right organisation. Source: legislation.gov.uk.

What about your existing SQA certificates? Ministers have made a transitory provision that explicitly recognises SQA‑devised or SQA‑accredited awards within the new framework until 30 November 2029. In practice, that signals continuity: you do not need to replace past SQA certificates and you can continue to use them for progression. Sources: Commencement No. 1 Regulations and official transition material.

For teachers and centre leaders, keep delivering as planned while watching for brand and system updates over winter. The 2025 Act builds in a Strategic Advisory Council and new learner and practitioner committees, and Qualifications Scotland is now legally established. Expect guidance on charters and governance once the board is fully in place. Sources: Education (Scotland) Act 2025 and SQA transition pages.

The short version for families: the new regulation doesn’t change exam timetables or who qualifies for council tax discounts, EMAs or student loans; it updates the law so those systems name the new body correctly. We will keep tracking the formal “in‑force” date for these substitutions across the different pieces of law and report any change that affects entries, support or appeals. Source: legislation.gov.uk.