| Description | Response to consultation - "Tourism is everyone's Business" |
|---|
| ISBN | (Web Only) |
|---|
| Official Print Publication Date | |
|---|
| Website Publication Date | January 31, 2006 |
|---|
Next »
Listen
SUMMARY OF RESPONSES
CONSULTATION ON THE TOURISM (SCOTLAND) BILL:
1. "TOURISM IS EVERYONE'S BUSINESS", a consultation paper on the proposed Tourism Bill was issued on 5 September with responses invited by 3 December 2005. Twenty seven written responses were received, fifteen from local authorities and twelve from the tourism industry and other interested groups and individuals. A full list of respondents is attached at Annex A and full responses are available in the Scottish Executive Library
SUMMARY OF BACKGROUND TO PROPOSAL
2. The Minister for Tourism Culture and Sport announced in March 2004 that the 14 Scottish Area Tourist Boards would be merged with VisitScotland to create an integrated tourism network for Scotland to achieve better integration between national tourism strategies and local delivery.
3. The new integrated network was established on 1 April 2005 under secondary legislation and currently comprises 2 Area Network Tourist Boards and the Scottish Tourist Board operating under the name of VisitScotland. Primary legislation is now proposed to enable VisitScotland to operate as a single entity with larger board membership and a formal change of name.
4. The title of the Bill has now changed to the Tourist Boards (Scotland) Bill.
Changing the legal name of the Scottish Tourist Board to VisitScotland.
5. Following a review of the Scottish Tourist Board in 2001 it was recommended that the organisation should be renamed VisitScotland. The Scottish Tourist Board now operates under the name of VisitScotland whilst retaining its legal identity as the Scottish Tourist Board. The Bill proposes to formally change the name of the organisation.
6. All of the respondents were generally in favour of this proposal. One respondent questioned the benefits of a name change and the flexibility for future marketing. Two respondents expressed concerns about the preservation of the "Scottish Tourist Board" identity used on Quality Assurance Awards and related signage.
Scottish Executive Response: The Executive welcomes the positive reaction to this proposal and suggests that the Tourist Boards (Scotland) Bill contains provisions to change the legal name of the Scottish Tourist Board to VisitScotland. VisitScotland would still own the Scottish Tourist Board trademark so it would not be necessary to provide for continued future use in the Bill. The Bill does not inhibit any future name change. |
Removing the requirement in the Local Government (Scotland) Act 1994 that there shall be Area Tourist Boards
7. The 14 former Area Tourist Boards were dissolved on 1 April 2005 and replaced by 2 new Network Area Tourist Boards which combined with VisitScotland have been working as an integrated tourism network since that date. It was necessary to create the 2 new Network Area Tourist Boards because the Local Government etc (Scotland) Act 1994 currently makes provision for area tourist boards in Scotland. Removing this requirement will allow the 2 Network Area Tourist Boards to be dissolved with liabilities and staff transferring to VisitScotland creating a single legal entity.
8. This proposal was generally supported. It was suggested that Sections 172-176 of the 1994 Act will require considerable amendment to remove the requirement to establish area tourist boards, and that the Tourism Bill also offers an opportunity to redraft and update section 176 of the 1994 Act which two respondents felt has become difficult and complex to interpret.
Scottish Executive Response: The Executive welcomes the positive response to this proposal. It is proposed that the Bill will repeal sections 172 to 175 of the Local Government (Scotland) Act 1994 (which make provision for area tourist boards) and update the Act in accordance with the new integrated structure, with all required consequential amendments. It is worth noting that the power of Local Authorities to advance well-being under section 20 of the Local Government in Scotland Act 2003 is relevant for funding tourism activities. |
Abolishing the current 2 Network Area Tourist Boards (the temporary means by which the integrated tourism network was established in April 2005) to create VisitScotland as a single entity.
9. The Primary legislation now proposed will wind up the new Network Area Tourist Boards, set up as a temporary measure and place VisitScotland on a secure legal footing enabling the organisation to operate as a single legal entity.
10. Most respondents accepted this proposal without comment. However, it was suggested that the dissolution of the 2 Network Area Tourist Boards could have a negative impact on the future VAT status of VisitScotland. VisitScotland also asked about how the transfer of staff and pension rights would be reflected in the Bill.
Scottish Executive Response: The Executive endorses this proposal and intends to make provision in the draft Bill for the transfer of the Area Network Tourist Boards' property, rights, liabilities and staff in existence at the time of dissolution. Pensions will be covered under the transfer of liabilities. VisitScotland are currently conducting a review of their pensions requirements with the outcome likely to be reported in early 2007. A longer term pensions solution will be considered then and none of the options being considered would need primary legislation to enact them. |
Increasing the limit on the size of the VisitScotland Board from 7 members to a maximum of 12 members.
11. The Board of VisitScotland is currently limited to a maximum of seven members which comprises an appointed Chair plus a maximum of six appointed Board members. The Bill proposes to increase this limit to twelve members, although Executive policy is that the Board should be as small as possible and not exceed a maximum of nine members in the foreseeable future.
12. The increase of the limit on the size of the Board will allow additional expertise to be brought to the Board to reflect the broader role and responsibilities of the new organisation, particularly in relation to the tourism network across Scotland.
13. All respondents favoured the increase in Board membership. Most local authorities supported a larger board size of 12 and expressed interest in board membership. Some councils asked that the additional seats be reserved for local authority representation. It was also suggested that COSLA should be involved in the selection of Board members. Other respondents supported a Board of 9 members for the foreseeable future and expressed concerns about over-representation on the board from local authorities. Other groups suggested that Board membership should reflect their specific sector. Some respondents asked how additional Board members would be recruited.
Scottish Executive Response: The Executive welcomes the positive reaction to this proposal. The draft Bill will be introduced with provisions to increase Board membership to 12. A larger Board will enable the membership to reflect the broader role of the new VisitScotland, in particular to include local tourism expertise. The Chair and members of the Board of VisitScotland will continue to be appointed on merit through a fair, open and transparent process that fully complies with the Commissioner for Public Appointments in Scotland's new code of practice on Ministerial Appointments to Public Bodies which is expected to be introduced to Scotland in April 2006. As such it would be not be possible to reserve seats on the Board for specific sectors. Members are recruited on individual merit and expertise rather than sectoral representation. |
14. The proposals in the consultation document have been generally well received and the Bill will continue to progress as outlined in the consultation document.
15. The Tourist Boards (Scotland) Bill is currently scheduled to be introduced into the Scottish Parliament late March 2006
Next »