GTC Scotland has responded to a Scottish Government consultation on the Public Services Reform (Scotland) Act 2010: Extension of part 2 order making powers.
Overview of consultation
Scottish Ministers currently hold powers to propose changes to the Public Services Reform (Scotland) Act 2010, in ways that are more streamlined and flexible than a new Act of the Scottish Parliament would require, in two specific instances:
- To improve the effectiveness, efficiency and economy of public services functions
- To reduce or remove burdens for any person resulting from legislation.
These powers have been in place since the Public Services Reform (Scotland) Act 2010 came into force and require to be renewed every 5 years in order to continue. This consultation seeks views on whether Scottish Ministers should continue to hold these powers.
GTC Scotland response
In principle, we can see the benefit of retaining the powers on the basis that:
- They continue to be used responsibly and sparingly.
- They are used to make specific, targeted changes for the purposes outlined in the legislation.
- Where changes are proposed that impact on the functions of a public body, Ministers commit to fully involving the public body in planning/discussions about the changes and how they are to be implemented, including addressing any concerns that the organisation has.
As the independent regulator for teachers in Scotland, our position is that any review of our purpose and functions that requires statutory change should be enacted in primary legislation. This will ensure that the proposals are given sufficient input and scrutiny. We would only be in a position to consider any exceptions to this as and when they arise.
