Education, Children and Young People Committee 19 November 2025
Commencement, which is the focus of group 7, is a key point that I and the member in charge have discussed in great detail in recent weeks, as we have worked to consider an appropriate approach to amendments. I am very clear that the timing of commencement must be informed by clear and robust evidence and demonstration that the system is ready to meet the demands of the bill. Without such an assurance being in place, commencement risks undermining deliverability and the impact of the legislation.
Early feedback from key delivery partners, including COSLA and representatives of the residential outdoor education sector, highlights that it is currently challenging to robustly estimate a realistic timeframe for commencement, as that will depend on a number of factors, which we will need to work to clarify with stakeholders as part of the implementation planning process. We have discussed some of those challenges this morning.
Fixing a date for commencement in the bill would lead to increased risks for education authorities and managers of grant-aided schools if they are unable to meet the statutory duty to provide residential outdoor education under the bill.
The Scottish Government’s general position on commencement of legislation is that it should be done through regulations. The Scottish ministers must have control over how and when commencement takes place to ensure that implementation of legislation is meaningful. Amendment 18 will achieve that aim, although its doing so is subject to amendment 19, which I will come to in a moment, being agreed to.
Liz Smith and I have discussed the importance of the Government producing a tangible delivery plan that seeks to drive progress against key checkpoints to ensure that the system’s readiness for commencement is established in a timely and transparent way.
I can confirm that, if amendment 18 is agreed to, the Government will commit to producing and publishing a delivery plan to ensure that commencement takes effect as soon as reasonably practicable after royal assent. I anticipate that that plan will cover a range of outstanding issues that must be appropriately and fully explored, and, where possible, addressed. The committee has touched on some of those this morning. For example, it will be necessary to establish a baseline of current provision and the capacity of the outdoor education sector to meet new demand; to consider teacher workforce implications; to look at funding requirements and potential sources of funding; and to put in place appropriate monitoring arrangements to ensure delivery over time.
For those reasons, the Government supports amendment 18, and I encourage members to vote for it.
Liz Smith and I have also discussed what other approaches might help to drive progress towards commencement, in the absence of a firm commencement date. Amendment 19 will require that commencement regulations be made by 30 September 2027. I suggest that that is a meaningful and constructive mechanism in that respect.
Amendment 19 will mean that, within the academic year following royal assent, the Government will set out a date for commencement. That will provide a strong signal, not only for national Government but for local government and other key delivery partners, on the pace of transition that is required.
Amendment 19 also seeks to introduce the ability to factor into the regulations consideration of whether and how commencement may be phased over time.
For those reasons, I support amendment 19, and I encourage members to vote for it.