Official Report 615KB pdf
Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland (Miscellaneous Listings) Regulations 2026 [Draft]
09:00
Our next agenda item is consideration of subordinate legislation that is subject to the affirmative procedure. The committee will take evidence on draft regulations from the Minister for Innovation, Technology and Tertiary Education and his officials. The minister will then move the motion to recommend approval of the instrument. I welcome Alyn Smith and his officials Sarah Hart and Judith Brown. Minister, I invite you to speak to the draft instrument.
Good morning, convener. It is my first time before the committee—the first of many, I hope. I regard everyone on the committee as an ally in what we are looking to achieve by pushing through changes in how we do education and skills in Scotland. I am very pleased to be here.
I have some prepared remarks on the Scottish statutory instrument. I am accompanied by Sarah Hart and Judith Brown—you will be glad to know that there are some experts in the room, who can answer your difficult questions. Do you want to hear the prepared remarks, or would you like to go straight to questions?
We would like the prepared remarks, please.
I am happy to provide them, as it is useful to set the scene.
I would hope that the instrument is not controversial. It follows the establishment of Qualifications Scotland and the office of His Majesty’s chief inspector of education in Scotland and the dissolution of the Scottish Qualifications Authority by the Education (Scotland) Act 2025. If the Parliament approves it, the instrument will update the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, the Equality Act 2010 (Specific Duties) (Scotland) (Regulations) 2012 and the Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024. The instrument will ensure that the relevant statutory duties apply to the new bodies. In essence, it will swap in the new ones for the old ones.
Section 18(1) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 sets out the listed authorities that are subject to the reporting duty. Listed authorities must report on what they have done and will do to comply with the public authority duty under section 6(1) of the act and to secure better or further effect of children’s rights. If approved, the instrument will amend the 2024 act to replace the SQA with Qualifications Scotland and to add the chief inspector as a listed authority. That will ensure that the reporting arrangements established under the act apply to Qualifications Scotland and the chief inspector.
The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2012 set out the Scotland-specific equalities duties that are designed to support listed authorities in meeting the public sector equality duty under the Equality Act 2010, which applies to both the chief inspector and Qualifications Scotland. The instrument will add the chief inspector as a listed authority, which will ensure that the chief inspector is subject to the same equality reporting framework as any other relevant public authority.
The instrument will also remove the SQA from the list of authorities in the 2012 regulations, following the SQA’s dissolution. It is intended that the Scotland-specific duties will apply to Qualifications Scotland, but adding Qualifications Scotland as a listed authority is outwith the scope of the instrument. That is because of restrictions on listed authority functions that are exercisable in or as regards places outwith Scotland. Qualifications Scotland has some such functions. Potential legislative solutions are being explored to address this issue. As an interim solution, the framework agreement between Qualifications Scotland and the Scottish ministers provides that Qualifications Scotland will comply with the duties under the 2012 regulations and any direction given by the Scottish ministers in relation to those duties.
The Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024 list the relevant public authorities that are subject to the consumer duty under the Consumer Scotland Act 2020. The instrument will remove the SQA from the list of relevant public authorities and replace it with Qualifications Scotland. That will ensure that Qualifications Scotland is subject to the same requirement that the SQA was formerly subject to, which is to have regard to the impact on consumers and the desirability of reducing harm to consumers when making strategic decisions about the exercise of its functions.
I hope that the regulations are not overly controversial. It is nuts and bolts and consequential stuff instead of anything that is overly strategic. However, we are here to answer your questions and to listen to your comments.
As members have no questions, we move to agenda item 3. I invite the minister to move motion S7M-01925.
Motion moved,
That the Education and Gaelic Committee recommends that the Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland (Miscellaneous Listings) Regulations 2026 [draft] be approved.—[Alyn Smith]
Does the minister have anything to add?
Well, we have got this boxed and bagged, and I am glad to have done so. I am very happy to have a conversation about anything that committee members would like to discuss. There is plenty going on in the education and Gaelic space that we could be chewing the fat over. However, I am conscious more of the committee’s time than ours. I am happy to see this bit of business done, and I thank you for your support.
As members have no comments, do we agree to the motion?
Motion agreed to.
The clerks will produce a short report setting out the committee’s decision. Are members content for that to be published?
Members indicated agreement.
Thank you for your time today, minister. I suspend the meeting for a changeover of witnesses.
09:06
Meeting suspended.
09:10
On resuming—
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