The Scotland Act 1998 (Agency Arrangements) (Specification) (Recognition of Qualifications) Order 2025 Equality Impact Assessment

Screening

Policy Aim

The UK is a signatory to two international treaties regarding the recognition of academic qualifications: the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, signed by the United Kingdom on 7th November 1997; and the Global Convention on the Recognition of Qualifications concerning Higher Education, signed by the United Kingdom on 25th November 2019 (together “the Conventions”).

The Conventions aim to facilitate academic and professional mobility between states and enhance international cooperation and trust in higher education. The Conventions oblige signatory states to implement the recognition of qualifications from other signatory states and set out how recognition decisions shall be made. The Conventions also require signatory states each to establish and maintain a national information centre that facilitates access to information about higher education and qualifications. The UK European Network of Information Centres (UK ENIC) fulfils information and recognition functions for the United Kingdom.

The UK ENIC services offer comparability statements for individuals seeking to demonstrate the comparability of their overseas qualifications with UK qualifications, or vice versa, for the purpose of work or study. The services are used, for example, by foreign nationals with overseas qualifications who wish to work or study in the UK, including in some cases refugees, and also by those with UK qualifications who wish to work or study abroad.

The UK ENIC services are used heavily by a range of organisations in Scotland, including higher and further learning institutions, especially universities, considering applications from potential employees or students from outside the UK. They are also used by services supporting refugees, as well as professional regulatory bodies such as the General Teaching Council for Scotland.

Individuals can apply for their own statement of comparability, organisations can pay for bundles of information but, for frequent users, there is a membership subscription which varies depending on how many staff will have access to the database. The services underpin all applications from international students seeking to study in Scotland as well as helping more vulnerable groups such as refugees move towards work or study.

When comparing overseas qualifications to UK qualifications, UK ENIC services databases consider the following criteria^[1]:

• National recognition status of the qualification and awarding institution
• Level of the qualification in the context of its home education system at the time of completion
• Entry requirements
• Course duration
• Course structure, style and content
• Assessment methods
• Learning outcomes
• Progression routes and rights.

Since 1997, the UK ENIC services have been delivered through a series of contracts procured and managed by the UK Government and operating UK-wide. An external provider, Ecctis Limited, carries out the UK ENIC services through a contract with the UK Government’s Department for Education (“the DfE”).

The Scotland Act 1998 (Agency Arrangements) (Specification) (Recognition of Qualifications) Order 2025^[2] and the Recognition of Overseas Qualifications (Charges) (Scotland) Regulations 2025 (SSI 2025/67), collectively “the Scottish ENIC legislation”, establish the legal framework for delivery of the UK ENIC services in Scotland. The Order enables UK Ministers to arrange for the provision of the UK ENIC services in Scotland on behalf of the Scottish Government and the Regulations make provision for Scottish users to be charged fees for using the UK ENIC services. The Scottish ENIC legislation became necessary because the UK ENIC services have recently been agreed to relate to the devolved matter of education. Historically, it was considered that the provision of the UK ENIC services was reserved, as it related to both immigration (as its primary purpose) and education.

The UK ENIC services contribute towards the Scottish Government’s priorities of growing the economy and improving public services.

The UK ENIC services contribute to the following National Outcomes:

• Education: We are well educated, skilled and able to contribute to society
• International: We are open, connected and make a positive contribution internationally
• Fair Work and Business: We have thriving and innovative businesses, with quality jobs and fair work for everyone.

Importantly, the Scottish ENIC legislation allows for a continuation of arrangements that have existed for some time and continued compliance with the Conventions. The legislation is not the result of any change in Scottish policy and the legislation does not vary the services in Scotland compared with other parts of the UK.

Who will it affect?

The UK ENIC services have been operating across the UK since 1997. The services will continue to be used by people who hope to use qualifications obtained abroad to study or work in Scotland. This includes people living abroad who have applied to study or work here, and those already living in Scotland, such as refugees, or economic migrant workers.

The services available include those for individuals but also subscription packages for organisations using the databases regularly. All of Scotland’s higher education institutions subscribe to the services and their admissions teams use the databases for all international applications. Organisations supporting those from abroad, such as Bridges Programmes and Skills Development Scotland (SDS) for their careers services, are subscribers and use the service to assist refugees. A small number of sector and professional regulatory bodies, such as the General Teaching Council for Scotland, are also subscribers.

Scots residing overseas might use the UK ENIC services to obtain a qualification reference statement (in respect of a UK qualification) or use equivalent services in the country in which they are residing.

What might prevent the desired outcomes being achieved?

The UK ENIC services are already being delivered in Scotland. The principal risk to desired outcomes being achieved is from a service failure or withdrawal of the service because of issues which affect Ecctis Ltd’s ability to deliver the services. The Scottish Government will work closely with the DfE, as contract manager, to ensure service continuity and standards.