The Public Services Reform (General Teaching Council for Scotland) Order 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/215 |
| Year | 2011 |
2011 No. 215
Public Services Reform
Education
The Public Services Reform (General Teaching Council for Scotland) Order 2011
Made 17th 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 20101(“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 4th April 2011:—
(a)
(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)
(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 2nd 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 19802;
“the 1965 Act” means the Teaching Council (Scotland) Act 19653;
“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 20054and “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 construed accordingly;
“registration criteria” means the criteria for registration set out in the GTCS rules which are to be met by individuals seeking registration;
“school” has the same meaning as in the 1980 Act and “school teacher” is to be construed accordingly;
“teacher” means an individual who has either obtained a recognised teaching qualification, or who has satisfied the GTCS that they have adequate education, training or experience to warrant registration;
“unfit to teach” has the meaning given by article 18(3).
PART 2
THE GENERAL TEACHING COUNCIL FOR SCOTLAND
General Teaching Council for Scotland
4.—(1) There is to continue to be a body corporate known as the General Teaching Council for Scotland (“the GTCS”).
(2) Schedule 2 makes provision about the membership of the GTCS.
(3) Schedule 3 makes further provision about the GTCS’s status, proceedings, staff and other matters.
Principal aims
5. The GTCS’s principal aims are—
(a) to contribute to improving the quality of teaching and learning; and
(b) to maintain and improve teachers’ professional standards.
General functions
6. The GTCS’s general functions are—
(a) to keep the register;
(b) to establish (and to review and change as necessary)—
(i) the standards of education and training appropriate to school teachers;
(ii) the standards of conduct and professional competence expected of a registered teacher;
(c) to investigate the fitness to teach of individuals who are, or who are seeking to be, registered;
(d) to keep itself informed of the education and training of individuals undertaking courses for the education and training of teachers;
(e) to consider, and to make recommendations to the Scottish Ministers about, matters relating to—
(i) teachers’ education, training, career development and fitness to teach; and
(ii) the supply of teachers (except matters of remuneration or conditions of service); and
(f) to keep such other registers of other individuals working in educational settings as it thinks fit.
Public interest
7. The GTCS must have regard to the interests of the public when performing its functions.
Best regulatory practice
8. The GTCS must perform its functions in a way which—
(a) is proportionate, accountable, transparent and consistent;
(b) is targeted only where action is needed;
(c) encourages equal opportunities and in particular the observance of the requirements of the law for the time being relating to equal opportunities; and
(d) is consistent with any other principle which appears to it to represent best regulatory practice.
General powers
9.—(1) The GTCS may do anything which appears to it to be appropriate for the purposes of, or in connection with, the performance of its functions.
(2) The GTCS may, in particular—
(a)
(a) acquire and dispose of land and other property;
(b)
(b) enter into contracts;
(c)
(c) borrow money;
(d)
(d) charge fees for providing services.
Advice, research, publication and promotion
10. The GTCS may (as it thinks fit)—
(a) give to any person, or publish, any advice relating to its functions;
(b) carry out or commission research to inform its approach towards performing its functions;
(c) publish, or assist in publishing, any information or advice relating to its functions;
(d) publicise, or assist in publicising, any matter relating to its functions.
Recommendations to the Scottish Ministers
11. The Scottish Ministers must, when performing functions relating to education, have regard to any relevant recommendations made by the GTCS.
Co-operation with other teaching councils
12.—(1) The GTCS must—
(a)
(a) provide the other UK teaching councils with such information as the GTCS considers necessary or desirable for those councils to have for the purposes of performing their statutory functions; and
(b)
(b) so far as consistent with the proper performance of its functions, otherwise seek to secure co-operation between it and the other UK teaching councils.
(2) The other UK teaching councils are—
(a)
(a) the General Teaching Council for England;
(b)
(b) the General Teaching Council for Wales;
(c)
(c) the General Teaching Council for Northern Ireland; and
(d)
(d) any successor body or person which takes over all or any of the functions of the councils listed in sub-paragraphs (a) to (c).
Employers’ duty to provide information about teachers
13. A person who employs a registered teacher to work in an educational establishment must provide the GTCS with—
(a) the name of the individual so employed; and
(b) such other information about that individual as the GTCS may reasonably require in connection with the performance of its functions.
PART 3
THE REGISTER
The Register of Teachers
The register of teachers
14.—(1) It is for the GTCS to sub-divide or otherwise organise entries in the register in such manner as it thinks fit.
(2) For example, the register may have separate parts for—
(a)
(a) individuals registered to teach in primary schools;
(b)
(b) individuals registered to teach in secondary schools; and
(c)
(c) individuals registered to teach in further education institutions.
(3) The GTCS must make the register available for inspection by the public.
GTCS rules
15.—(1) The GTCS must make and publish rules (“the GTCS rules”)—
(a)
(a) setting out the procedure for inclusion in the register;
(b)
(b) setting out registration criteria; and
(c)
(c) otherwise governing the operation of the register.
(2) The GTCS rules may set different procedures, or different registration criteria, for different types of teacher or otherwise for different purposes.
(3) The GTCS rules may, in particular, make provision about—
(a)
(a) the form and keeping of the register;
(b)
(b) the making of entries in the register and alterations to those entries;
(c)
(c) the keeping of different categories of registration;
(d)
(d) the charging of fees in relation to registration;
(e)
(e) making entries provisional on the GTCS being satisfied that conditions are met;
(f)
(f) the...
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