The General Teaching Council for Scotland (Amendment of Constitution) Order 1997

Statutory Instruments

1997 No. 207 (S.15)

EDUCATION, SCOTLAND

The General Teaching Council for Scotland (Amendment of Constitution) Order 1997

Made

29th January 1997

Laid before Parliament

7th February 1997

Coming into force

28th February 1997

The Secretary of State, in exercise of the powers conferred on him by paragraph 6 of Schedule 1 to the Teaching Council (Scotland) Act 1965(1) and of all other powers enabling him in that behalf and having consulted the General Teaching Council for Scotland and other bodies or persons who appear to him to be concerned, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the General Teaching Council for Scotland (Amendment of Constitution) Order 1997 and shall come into force on 28 February 1997.

Amendment of Teaching Council (Scotland) Act 1965

2.  Schedule 1 to the Teaching Council (Scotland) Act 1965 is hereby amended as follows:–

(a) in paragraph 1(1)(b)(i)(2) for “four” substitute “three”;

(b) at the end of paragraph 1(1)(b) add “(viii) one by the boards of management of colleges of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992(3);”; and

(c) in paragraph 1(3)(4) for the words from “and institutions in the higher education sector” to the words “falls to be made;” there shall be substituted the words “, institutions in the higher education sector and colleges of further education shall be construed, in relation to any appointment, as references to the universities of Scotland, such institutions or, as the case may be, such colleges of further education established at the time the appointment falls to be made;”.

Transitional provision

3.  On the coming into force of this Order one of the four members of the Council appointed by the Convention of Scottish Local Authorities shall go out of office; and the member to go out of office shall be determined by agreement among the four members or failing such agreement shall be nominated by the Convention.

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

29th January 1997

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 1 to the Teaching Council (Scotland) Act 1965 (which provides for the appointment of members to the General Teaching Council for Scotland) to take account of the transfer of colleges of further education from the control of local authorities to being run by boards of management under the Further and Higher Education (Scotland) Act 1992.

The Order does this by reducing from four to three the number of persons appointed to the Council by the Convention of Scottish Local Authorities and by giving the boards of management of colleges of further education power to appoint one person to the Council.

(1)

1965 c. 19; paragraph 6 of Schedule 1 was amended by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraph 1(2).

(2)

Paragraph 1(1)(b)(i) was substituted for items (i) and (ii) by the Local Government (Scotland) Act 1975 (c. 30), Schedule 6, Part II, paragraph 29(a).

(3)

1992 c. 37.

(4)

Paragraph 1(3) was amended by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraph 1(5)(b).