The Public Services Reform (General Teaching Council for Scotland) Order 2011

Extract

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The Public Services Reform (General Teaching Council for Scotland) Order 2011

Scottish Statutory Instruments

Public Services Reform

Education

Made

17 th March 2011

Coming into force in accordance with article 2 and Schedule 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 14(1) , (3)(a) and (b) , and (7)(a) and (b) of the Public Services Reform (Scotland) Act 2010(1) (“the Act”) and all other powers enabling them to do so.

The Scottish Ministers consider that the conditions in section 16(2) and (10) of the Act are satisfied.

The Scottish Ministers consider that the conditions in section 20(4) and (5)(b) of the Act are satisfied in relation to the conferral of a function of legislating on the Scottish Ministers.

The Scottish Ministers have consulted in accordance with section 26 of the Act.

The Scottish Ministers have laid a draft of this Order and an explanatory document before the Scottish Parliament in accordance with section 25(2)(b) of the Act.

In accordance with section 25(2)(c) of the Act, the draft of this Order has been approved by resolution of the Scottish Parliament.

PART 1 INTRODUCTORY

Citation

1.  This Order may be cited as the Public Services Reform (General Teaching Council for Scotland) Order 2011.

Commencement

2.—(1) The following provisions of this Order come into force on 4 th April 2011:—

(a) articles 1 , 2 and 3 (in so far as article 3 relates to the other provisions coming into force on that day); and

(b) the provisions of this Order specified in column 1 of Schedule 1 and described by reference to the subject matter in column 2 of that Schedule but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day for that purpose only.

(2) All the provisions of this Order, in so far as not already in force on 2 nd April 2012 , come into force on that date.

(3) This article is subject to article 32 (transitional and savings provisions) and Schedule 5.

(4) Where a provision of this Order requires consultation to take place and, before that provision comes into force, consultation takes place which would have satisfied the requirements to any extent had the provision been in force, the requirement is to be taken to have been satisfied to that extent.

Interpretation

3.  In this Order—

“the 1980 Act” means the Education (Scotland) Act 1980(2);

“the 1965 Act” means the Teaching Council (Scotland) Act 1965(3);

“educational establishment” has the same meaning as in the 1980 Act;

“further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 to the Further and Higher Education (Scotland) Act 2005(4) and “further education teacher” is to be construed accordingly;

“the GTCS” has the meaning given by article 4;

“the GTCS rules” has the meaning given by article 15;

“recognised teaching qualification” is to be construed in accordance with articles 29 and 30;

“the register” means the register of teachers kept by the GTCS in accordance with this Order and “registered” and “registration” are to be const...

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