Education (Scotland) Bill

This Bill establishes a new body called Qualifications Scotland. It also creates a new office His Majesty's Chief Inspector of Education in Scotland.

This is a Government bill

The Bill was introduced on 4 June 2024 and is at Stage 1

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

The Bill is in two main parts.

Part 1 of the Bill establishes Qualifications Scotland. Qualifications Scotland will:

replace the Scottish Qualifications Authority, which is dissolved by the Bill
develop and award qualifications (other than university degrees)
have an independent Accreditation Committee to regulate qualifications (other than university degrees) and the organisations that award them
give advice to Scottish Ministers
produce charters setting out what learners, teachers and practitioners should expect from Qualifications Scotland
involve learners, teachers and others in decision making through a Board of Management, committees and an advisory council

Part 2 of the Bill establishes the Chief Inspector and sets out what they will do and how they will operate. The Chief Inspector will:

inspect places where education is provided and education services
have an Advisory Council
publish an inspection plan and reports on inspections
publish an annual report, and reports on the performance of the Scottish education system
tell Scottish Ministers when a school or education authority is not making necessary improvements

If the inspector finds that a school, or education authority, is not making necessary improvements Scottish Ministers can give enforcement directions if required. The Bill also gives Scottish Ministers the powers to require that improvements are made.

Why the Bill was created

The Bill was created to support the education and skills reform being taken forward by the Scottish Government.

The changes brought in by the Bill respond to a range of reports and reviews, including:

the OECD Review of the Curriculum for Excellence
Professor Ken Muir's report, "Putting Learners at the Centre. Towards a Future Vision for Scottish Education"

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Education (Scotland) Bill

The Bill was introduced on 4 June 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

Stage 1 Deadline

On 30 October 2024, Parliament agreed motion S6M-15073, that consideration of the Education (Scotland) Bill at Stage 1 be completed by 20 December 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Education, Children and Young People Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (closed)

The Committee's call for views had two options available to anyone wishing to share their views with the Committee.

There was a detailed call for views, for people, groups, bodies or organisations who wished to comment on specific aspects of the Bill.

Read the responses to the detailed call for views

There was a shorter call for views, for people who wished to express general views about the Bill.

Read the responses to the shorter call for views

The call for views closed on 30 August 2024.

Meetings of the lead committee

18 September 2024

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Read the agenda, papers and minutes for this meeting

25 September 2024

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02 October 2024

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09 October 2024

Read the Official Report of the meeting

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Read the agenda, papers and minutes for this meeting

Correspondence: lead committee

Additional information from the SQA on the Education (Scotland) Bill

Letter from Scottish Qualifications Authority, 4 October 2024

Stage 1 report by the lead committee

The lead committee will publish its Stage 1 report before the debate on the general principles of the Bill.

Work by other committees

If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.