The Teaching Council (Scotland) Act 1965 Modification Order 2009

JurisdictionScotland
CitationSSI 2009/386

2009 No. 386

Charities

The Teaching Council (Scotland) Act 1965 Modification Order 2009

Made 5th November 2009

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 102 of the Charities and Trustee Investment (Scotland) Act 20051and all other powers enabling them to do so.

In accordance with section 103(5) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Teaching Council (Scotland) Act 1965 Modification Order 2009 and comes into force on the day after the day on which it was made.

S-2 Modification of the Teaching Council (Scotland) Act 1965

Modification of the Teaching Council (Scotland) Act 1965

2.—(1) The following provisions of the Teaching Council (Scotland) Act 19652are repealed:—

(a)

(a) section 4A (additional functions)3;

(b)

(b) section 5(1)(b) (relevant institutions)4;

(c)

(c) section 6A (further provision as to keeping of register)5;

(d)

(d) paragraph 8(2) of Schedule 1 (the council)6; and

(e)

(e) paragraph 16A of that Schedule7.

(2) In paragraph 17 of Schedule 18to the Teaching Council (Scotland) Act 1965 omit “and 16A”.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th November 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7(4)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) provides that a body which falls within paragraphs (a) and (b) of section 7(1) will not meet the charity test (despite section 7(1)) if its constitution expressly permits the Scottish Ministers or a Minister of the Crown to direct or otherwise control its activities.

Consequently, where provisions of the Teaching Council (Scotland) Act 1965 (“the 1965 Act”) provide a power for Scottish Ministers to control the teaching Council it will result in that body failing to meet the charity test.

Section 102(a) of the 2005 Act empowers the Scottish Ministers, by order, to modify any enactment for the purpose of preventing a body which is established by enactment from failing the charity test.

This Order modifies the 1965 Act by repealing the provisions listed in article 2(1).

These are: section 4A which allows Scottish Ministers to confer additional functions on the General Teaching Council for Scotland (“GTC...

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