 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |
Statutory Instruments of the Scottish Parliament |
||
|
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Recognition of Overseas Qualifications (Charges) (Scotland) Regulations 2025 No. 67 URL: http://www.bailii.org/scot/legis/num_reg/2025/ssi_202567_en_1.html |
||
[New search] [Help]
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This Scottish Statutory Instrument has been made in consequence of defects in S.I. 2024/942and is being issued free of charge to all known recipients of that Statutory Instrument.
Scottish Statutory Instruments
Education
Made
at 9.56 a.m. on 13th March 2025
Laid before the Scottish Parliament
at 3.00 p.m. on 13th March 2025
Coming into force
28th March 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973( 1) and all other powers enabling them to do so.
1.—(1) These Regulations may be cited as the Recognition of Overseas Qualifications (Charges) (Scotland) Regulations 2025 and come into force on 28 March 2025.
(2) These Regulations extend to Scotland only.
2.—(1) In these Regulations—
“ database” means a collection of information including the comparison of UK qualifications with overseas qualifications,
“ overseas qualification” means a qualification issued by a body that is based outside the United Kingdom,
“ qualification” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training,
“ qualification reference statement” means a statement providing information about an individual’s UK qualification,
“ qualification reference statement bundle service” means services including, but not limited to, the provision of a specified number of qualification reference statements,
“ refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28 July 1951( 2) and its Protocol( 3),
“ refugee bundle service” means services intended for refugee organisations, including, but not limited to, the provision of a specified number of statements of comparability, with each statement processed on an expedited basis,
“ refugee organisation” means an organisation, including any body corporate or unincorporated association and any combination of persons, that, as part of or all of its service, provides help or information to refugees or those seeking refugee status,
“ standard bundle service” means services including, but not limited to, the provision of a specified number of statements of comparability, with each statement processed on an expedited basis,
“ statement of comparability” means a statement comparing an individual’s overseas qualification to a UK qualification or level of UK qualification,
“ subscriber” means a person who receives a subscription package under an agreement between the person and the provider of the subscription package,
“ subscription package” means the provision of a range of services for a period of 12 months including, but not limited to, access to a database,
“ UK qualification” means a qualification issued by a body that is based in the United Kingdom,
“ working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971( 4).
(2) For the purposes of these Regulations, a body is based—
(a) where its registered office is,
(b) if it does not have a registered office, where its head office is, or
(c) if it does not have a registered office or a head office, where its principal place of operation is.
3. Schedule 1 specifies the charges relating to applications for—
(a) a statement of comparability,
(b) a qualification reference statement.
4. Schedule 2 specifies the charges relating to applications for—
(a) a standard bundle service,
(b) a refugee bundle service,
(c) a qualification reference statement bundle service.
5. Schedule 3 specifies the charges relating to applications for subscription packages.
6. Schedule 4 specifies the charges relating to applications for ancillary services.
7.—(1) Any charge in relation to an application for a statement, service or package payable under these Regulations is payable to—
(a) the Scottish Ministers,
(b) an organisation providing a statement, service or package pursuant to arrangements between that organisation and the Secretary of State acting on behalf of the Scottish Ministers, or
(c) the Secretary of State (pursuant to arrangements between an organisation providing a statement, service or package and the Secretary of State) acting on behalf of the Scottish Ministers,
at the time that the application is submitted.
(2) In paragraph (1), “ statement, service or package” means—
(a) a statement of comparability or a qualification reference statement,
(b) a standard bundle service, a refugee bundle service or a qualification reference statement bundle service,
(c) a subscription package,
(d) an ancillary service as set out in schedule 4 of these Regulations.
8.—(1) Any charge, or any part of a charge, in relation to an application for a statement, service or package paid under these Regulations may be refunded by—
(a) the Scottish Ministers,
(b) an organisation providing a statement, service or package pursuant to arrangements between that organisation and the Secretary of State acting on behalf of the Scottish Ministers, or
(c) the Secretary of State (pursuant to arrangements between an organisation providing a statement, service or package and the Secretary of State) acting on behalf of the Scottish Ministers.
(2) In this regulation, “ statement, service or package” has the same meaning as in regulation 7(2).
9. The Recognition of Overseas Qualifications (Charges) Regulations 2024( 5) are revoked so far as they extend to Scotland.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
At 9.56 a.m. on 13th March 2025
Regulation 3
1. The charges relating to applications for statements are set out in the table.
| Number of charge | Type of statement | Amount of charge (£) |
|---|---|---|
| 1.1 | A statement of comparability | 58 |
| 1.2 | A statement of comparability provided under a priority service | 186 |
| 1.3 | A statement of comparability provided under a super priority service | 237 |
| 1.4 | A qualification reference statement | 58 |
2. In this schedule—
“ priority service” means an optional service including but not limited to the processing of an application within the period of 48 hours beginning with the relevant time and disregarding any day which is not a working day,
“ super priority service” means an optional service including but not limited to the processing of an application within the period of 24 hours beginning with the relevant time and disregarding any day which is not a working day.
3.—(1) Subject to sub-paragraph (2), for the purposes of the definitions of “priority service” and “super priority service”, the relevant time is—
(a) when the application is received by the processor of the application, or
(b) when any additional documents, information or evidence necessary to process the application have been received or compiled by the processor of the application,
whichever is the later.
(2) For the purposes of sub-paragraph (1)—
(a) where the event mentioned in paragraph (a) or (b) occurs on a working day but before 9am on that day, the event is to be treated as occurring at 9am on that working day,
(b) where the event mentioned in paragraph (a) or (b) occurs on a working day but after 5pm on that day, or on a day which is not a working day, the event is to be treated as occurring at 9am on the next following working day.
Regulation 4
| Number of charge | Number of statements of comparability provided | Amount of charge (£) |
|---|---|---|
| 2.1.1 | 5 | 412 |
| 2.1.2 | 10 | 773 |
| 2.1.3 | 20 | 1,442 |
| 2.1.4 | 30 | 2,009 |
| 2.1.5 | 40 | 2,472 |
| 2.1.6 | 50 | 3,091 |
| Number of charge | Number of statements of comparability provided | Amount of charge (£) |
|---|---|---|
| 2.2.1 | 5 | 128 |
| 2.2.2 | 10 | 256 |
| 2.2.3 | 15 | 384 |
| 2.2.4 | 20 | 513 |
| 2.2.5 | 25 | 641 |
| 2.2.6 | 30 | 769 |
| 2.2.7 | 40 | 1,025 |
| 2.2.8 | 50 | 1,281 |
| 2.2.9 | 60 | 1,538 |
| Number of charge | Number of qualification reference statements provided | Amount of charge (£) |
|---|---|---|
| 2.3.1 | 5 | 410 |
| 2.3.2 | 10 | 769 |
| 2.3.3 | 20 | 1,435 |
| 2.3.4 | 30 | 1,999 |
| 2.3.5 | 40 | 2,460 |
| 2.3.6 | 50 | 3,075 |
Regulation 5
1. The charges relating to applications for subscription packages are set out in the table.
| Number of charge | Description of service |
Amount of charge (£) |
|---|---|---|
| 3.1 | Maximum of 5 individuals, each of whom is given access to 1 database. | 953 |
| 3.2 | Maximum of 5 individuals, each of whom is given access to 5 databases. | 1,339 |
| 3.3 | Maximum of 10 individuals, each of whom is given access to 5 databases, and support to the subscriber from the provider of the subscription package (within five working days) in relation to any queries (not exceeding 300 in number). | 2,215 |
| 3.4 | Maximum of 30 individuals, each of whom is given access to 5 databases, and support to the subscriber from the provider of the subscription package (within two working days) in relation to any queries (not exceeding 300 in number). | 3,296 |
| 3.5 | Unlimited number of individuals, each of whom is given access to 5 databases, and support to the subscriber from the provider of the subscription package (within two working days) in relation to any queries (not exceeding 300 in number). | 4,944 |
2. In this schedule—
“ within five working days” in relation to the provision of support to a subscriber means within a period of 120 hours beginning with the relevant time and disregarding any day which is not a working day,
“ within two working days” in relation to the provision of support to a subscriber means within a period of 48 hours beginning with the relevant time and disregarding any day which is not a working day.
3. For the purposes of the definitions of “within five working days” and “within two working days”, where the request for support is received—
(a) during the hours of 9am to 5pm on a working day, the relevant time is the time that the request for support is received on that day,
(b) on a working day but before 9am on that day, the relevant time is 9am on that working day,
(c) on a working day but after 5pm on that day, or on a day which is not a working day, the relevant time is 9am on the next following working day.
Regulation 6
1. The charges relating to applications for ancillary services are set out in the table.
| Number of charge | Type of service |
Amount of charge (£) |
Amount of charge (£) for a subscriber |
|---|---|---|---|
| 4.1 | The dispensation of any need for a certified translation into English of any documents that evidence an overseas qualification as part of an application for a statement of comparability. | 41 | 41 |
| 4.2 | Provision of half a day of training regarding education, qualifications and the recognition of overseas qualifications. | 263 | 216 |
| 4.3 | Provision of a full day of training regarding education, qualifications and the recognition of overseas qualifications. | 366 | 319 |
| 4.4 | Booking for an individual to attend as a delegate at a two day conference regarding education or qualifications and further to obligations deriving from a relevant international agreement. | 558 per delegate | 507 per delegate |
| 4.5 | Booking for an individual to attend as a delegate at a one day conference regarding education or qualifications and further to obligations deriving from a relevant international agreement. | 355 per delegate | 310 per delegate |
| 4.6 | Support to the subscriber from the provider of the subscription package (within five working days) for up to 300 additional queries. | Not applicable | 900 |
| 4.7 | Support to the subscriber from the provider of the subscription package (within two working days) for up to 300 additional queries. | Not applicable | 2,000 |
2. In this schedule—
“ certified translation” means a translation certified to be a correct translation,
“ relevant international agreement” means—
the Global Convention on the Recognition of Qualifications concerning Higher Education, signed by the United Kingdom at Paris on 25 November 2019( 6), or
the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, signed by the United Kingdom at Strasbourg on 7 November 1997( 7),
“ within five working days” in relation to the provision of support to a subscriber means within a period of 120 hours beginning with the relevant time and disregarding any day which is not a working day,
“ within two working days” in relation to the provision of support to a subscriber means within a period of 48 hours beginning with the relevant time and disregarding any day which is not a working day.
3. For the purposes of the definitions of “within five working days” and “within two working days”, where the request for support is received—
(a) during the hours of 9am to 5pm on a working day, the relevant time is the time that the request for support is received on that day,
(b) on a working day but before 9am on that day, the relevant time is 9am on that working day,
(c) on a working day but after 5pm on that day, or on a day which is not a working day, the relevant time is 9am on the next following working day.
(This note is not part of the Regulations)
These Regulations set out the charges payable in connection with services regarding the recognition of qualifications provided in pursuance of international obligations.
These Regulations extend to Scotland only. The Recognition of Overseas Qualifications (Charges) (England and Wales and Northern Ireland) Regulations 2025 ( S.I. 2025/256) (“ the 2025 Regulations”) make equivalent provision and extend to England, Wales and Northern Ireland.
Regulations 3 to 6 introduce the applications and services for which charges may be charged. Regulation 7 states the payment arrangements. Regulation 8 makes provision on refunds. Regulation 9 contains revocation provision. The schedules summarise each application and service and state the corresponding charge.
The tables below provide a comparison of the charges for services and applications under the Recognition of Overseas Qualifications (Charges) Regulations 2024 (“ the 2024 Regulations”) and under these Regulations:
Statement of Comparability
| Type of application | Charge under the 2024 Regulations | Charge under these Regulations |
| Statement of Comparability (standard service of 15-working days) | £49.50 | £58.00 |
| Statement of Comparability (Priority Service 48-hours on working days) | £173.50 | £186.00 |
| Statement of Comparability (Super Priority service 24-hours on working days) | £223.50 | £237.00 |
| Qualification Reference Statement | £49.50 | £58.00 |
Standard Bundle Service
| Number of Statements of Comparability | Charge under the 2024 Regulations | Charge under these Regulations |
| 5 | £400.00 | £412.00 |
| 10 | £750.00 | £773.00 |
| 20 | £1,400.00 | £1,442.00 |
| 30 | £1,950.00 | £2,009.00 |
| 40 | £2,400.00 | £2,472.00 |
| 50 | £3,000.00 | £3,091.00 |
Refugee Bundle Service
| Number of Statements of Comparability | Charge under the 2024 Regulations | Charge under these Regulations |
| 5 | £125.00 | £128.00 |
| 10 | £250.00 | £256.00 |
| 15 | £375.00 | £384.00 |
| 20 | £500.00 | £513.00 |
| 25 | £625.00 | £641.00 |
| 30 | £750.00 | £769.00 |
| 40 | £1,000.00 | £1,025.00 |
| 50 | £1,250.00 | £1,281.00 |
| 60 | £1,500.00 | £1,538.00 |
Qualification Reference Statement Bundle Service
| Number of Qualification Reference Statements | Charge under the 2024 Regulations | Charge under these Regulations |
| 5 | £400.00 | £410.00 |
| 10 | £750.00 | £769.00 |
| 20 | £1,400.00 | £1,435.00 |
| 30 | £1,950.00 | £1,999.00 |
| 40 | £2,400.00 | £2,460.00 |
| 50 | £3,000.00 | £3,075.00 |
Subscription Package
|
Description |
Charge under the 2024 Regulations | Charge under these Regulations |
| Maximum of 5 individuals, each of whom are given access to 1 database | £925.00 | £953.00 |
| Maximum of 5 individuals, each of whom are given access to 5 databases | £1,300.00 | £1,339.00 |
| Maximum of 10 individuals, each of whom are given access to 5 databases | £2,150.00 | £2,215.00 |
| Maximum of 30 individuals, each of whom are given access to 5 databases | £3,200.00 | £3,296.00 |
| Unlimited number of individuals, each of whom are given access to 5 databases | £4,800.00 | £4,944.00 |
Ancillary services
| Type of Service | Charge under the 2024 Regulations | Charge under these Regulations | ||
| Charge | Charge to a Subscriber | Charge | Charge to a Subscriber | |
| The delivery of a statement of comparability or qualification reference statement in electronic format containing an electronically verifiable signature. | £7.50 | £7.50 | Not applicable | Not applicable |
| The dispensation of any need for a certified translation into English of any documents that evidence an overseas qualification as part of an application for a statement of comparability. | £40.00 | £40.00 | £41.00 | £41.00 |
|
The 2024 Regulations:Provision of a half day of training regarding education, qualifications and the services. These Regulations:Provision of half a day of training regarding education, qualifications and the recognition of overseas qualifications. |
£255.00 | £210.00 | £263.00 | £216.00 |
|
The 2024 Regulations:Provision of a full day of training regarding education, qualifications. These Regulations:Provision of a full day of training regarding education, qualifications and the recognition of overseas qualifications. |
£355.00 | £310.00 | £366.00 | £319.00 |
|
The 2024 Regulations:Booking for an individual to attend as a delegate at a conference regarding education or qualifications. These Regulations:Booking for an individual to attend as a delegate at a two day conference regarding education or qualifications and further to obligations deriving from a relevant international agreement. |
£545.00 per delegate | £495.00 per delegate | £558.00 per delegate | £507.00 per delegate |
| Booking for an individual to attend as a delegate at a one day conference regarding education or qualifications and further to obligations deriving from a relevant international agreement. | Not available | Not available | £355.00 per delegate | £310.00 per delegate. |
| Support to the subscriber from the provider of the service (within five working days) for up to 300 additional queries. | Not applicable | Not available | Not applicable | £900.00 |
| Support to the subscriber from the provider of the service (within two working days) for up to 300 additional queries. | Not applicable | Not available | Not applicable | £2,000.00 |
The international obligations are principally set out in two international agreements, namely: the Global Convention on the Recognition of Qualifications concerning Higher Education, signed by the United Kingdom at Paris on 25 November 2019, and the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, signed by the United Kingdom at Strasbourg on 7 November 1997.
To note that provision on charges in this area was previously contained in the 2024 Regulations. The 2024 Regulations are revoked and remade by these Regulations, in so far as they extend to Scotland, and by the 2025 Regulations, in so far as they extend to England and Wales and Northern Ireland, following discussions between the Scottish Government and the UK Government in relation to matters of competence.
In re-making provision contained in the 2024 Regulations, this instrument also corrects previous drafting errors with respect to definitions relating to services intended for refugee organisations and priority services.
These Regulations accordingly are being issued free of charge to all known recipients of the 2024 Regulations.
1973 c. 51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 ( S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Section 56(1) was amended by paragraph 17 of schedule 8 of the European Union (Withdrawal) Act 2018 (c. 16).
Cmnd 9171. United Nations Treaty Series, vol. 189, p. 137.
Cmnd 3906. United Nations Treaty Series, vol. 606, p. 267.
1971 c. 80, to which there are amendments not relevant to this instrument.
Cmnd. 497. United Nations Treaty Series, registration number 57727.
Cmnd. 5577. United Nations Treaty Series, vol. 2136, p. 3.