Education (Scotland) Bill: business and regulatory impact assessment

Regulatory and EU Alignment Impacts

Intra-UK Trade

Only the provisions within Part 1 of the Education (Scotland) Bill, focused on Qualifications Scotland, are likely to involve intra-UK trade.

The SQA currently provides qualifications and assessment services across the UK, as well as accrediting qualifications from awarding bodies that also operate across the UK. To note, accreditation services remain free of charge for all awarding bodies seeking to have their qualifications accredited. The SQA delivers its qualifications through 233 approved awarding centres in the rest of the UK, as well as providing a variety of qualifications and assessment services to Scottish and UK employers, industry sectors and training providers. In 2020/21, this provided around £1.5m in income to the SQA.

The legislation will allow the new qualifications body to offer services outside of Scotland. The services, awards and accreditation processes and how this impacts intra-UK trade and regulation will be for Qualifications Scotland to determine and assess and to ensure they align with trade and regulatory requirements.

International Trade

Only the provisions within Part 1 of the Education (Scotland) Bill, focused on Qualifications Scotland, are likely to involve international trade.

The SQA has historically exported its qualifications and awarding services on an international basis. The SQA currently delivers services to 74 SQA international approved awarding centres. These deliver and charge for a range of SQA awards to students in China, the Americas, the Middle East, Europe, South Asia and ASEAN Regions. In 2023/2024 the SQA’s international income from these areas was £3.5 million. This is carried out under the current SQA International brand which has a strong reputation in overseas markets.

It is intended that Qualifications Scotland will have the same ability to export its services to markets beyond Scotland and to charge for its services. While the Bill itself will not directly impact the trade flows of qualifications and assessment services between Scotland and other countries, there will be a strong focus on ensuring the existing international reputation and brand of the SQA and Scottish qualifications and assessment services can be continued by Qualifications Scotland, alongside a refreshed reputation for other stakeholders. The work to ensure this, will be taken forward through non-legislative work, with implementation being part of the operational decisions to be made by Qualifications Scotland.

EU Alignment

Qualifications Scotland will be expected to align with the EU in relation to its people, goods and services. As the Body will be accountable to Scottish Ministers, it will share the same commitment and ambition to maintain and advance the high standards Scotland shares with the EU.

The Bill establishes a new public officeholder (HM Chief Inspector of Education) on which the statutory functions will be conferred and who will lead a new independent education inspectorate to take forward the education inspection function.

The independent Inspectorate will be expected to align with the EU in relation to people and its services. The body will be independent of Ministers whilst being part of Scotland’s public body infrastructure and therefore expected to align with Scottish Government commitments as appropriate.