Chapter 4: Scottish Government response
4.1 Summary of Proposed Actions
73. Having fully considered the analysis of the consultation this section summarises the actions that the Scottish Government proposes to take as part of the GTCS' move to becoming an independent body. Many of these proposals will be reflected in secondary legislation laid before the Scottish Parliament, subject to the Public Service Reform Bill receiving Royal Assent.
74. As stated in the consultation paper, the Scottish Government does not believe the move to independent status should result in significant change to the core functions of the Council. The over-arching responsibility to ensure through strong regulation, that the teaching profession is well placed to provide the best possible standard of education for Scotland's children, will remain central to all the activities the GTCS is involved in. While the core functions of the Council will remain the same in an era of independence as they are now, the Scottish Government does wish to propose some areas where the role of the GTCS should be expanded.
75. As explained in paragraph 24 of the consultation, it remains the intention of the Scottish Government to re-examine the way in which the functions of the GTCS are drafted so that the Council and Scottish Government can more easily reflect topical issues and changing priorities in relation to education policy. Powers in the draft Public Service Reform Bill will therefore be used to set the functions of the GTCS within relatively broad parameters allowing the organisation to more easily adapt its role in consultation with key stakeholders, including the Scottish Government, without having to rely on legislative change.
76. The full rationale behind the decisions and more detailed information about how both the policy and secondary legislation will be taken forward is set out later in this chapter.
Part 1 - Functions
GTCS responsibility in relation to the Standards
- The GTCS will be given responsibility to lead, in partnership with key players in Scottish education, on the development and maintenance of all current and future Scottish Teaching Standards.
GTCS responsibility for setting entry requirements to Courses of Initial Teacher Education
- The GTCS will be given responsibility for setting minimum entry requirements to Courses of Initial Teacher Education relating to teaching in schools. It will be a requirement for this to be done in partnership with key Scottish Education stakeholders including course providers, employers, teacher unions and the Scottish Government.
GTCS responsibility for the approval of initial teacher education courses
- The GTCS will be given responsibility for the approval of Initial Teacher Education courses relating to teaching in schools. It will be a requirement for this to be done in partnership with key Scottish Education stakeholders including course providers, employers, teacher unions and the Scottish Government.
GTCS expansion into CPD
- The GTCS will be invited to develop and consult on proposals for a system of re-accreditation for teachers which will build on and develop best practice in professional review and development, while ensuring that teachers continue to maintain high standards throughout their careers.
Part 2 - Governance
Size of Council/Ensuring Public Interest/Model of Council/Additional Groups
- The size of the Council will be reduced to 37 members. The Council will be composed of 19 elected teachers, 11 members appointed by key organisations and 7 lay members representing the public interest.
- The new Council will contain a higher percentage of public interest representatives than the current Council. A definition of lay member similar to the one in paragraph 63 of the consultation will be applied to public interest members.
- The Council will develop an appointments process through which public interest members will be recruited to Council. Criteria will be set so that the process guarantees a wide and balanced spread of public interest representatives.
Number of terms individuals should be allowed to serve
- All Council members will be allowed to serve two terms of four years within a period of twenty years.
4.2 Proposed Actions
Question 1: Would it be appropriate for the GTCS to be given a more explicit responsibility in relation to the standards?
77. The majority of respondents to this question supported the GTCS being given a more explicit responsibility in relation to the Standards. The Scottish Government agrees that it would be appropriate for the GTCS to be given a lead role in relation to all the Teaching Standards and accordingly plans to amend the Teaching Council (Scotland) Act 1965 so that it reflects this.
78. It is recognised that one of the strengths of the current system is that the Scottish Government ensures that the Standards are developed in partnership with key players in Scottish Education. However, in formalising the GTCS role in this area, the Scottish Government intends that the forthcoming legislation underpinning this function will require the GTCS to consult fully when developing, introducing and amending the Standards. It will be necessary for the GTCS to work in partnership with stakeholders including course providers, employers, teacher unions and the Scottish Government. This will guarantee that the collegiate environment in which work on the Standards is carried out will continue under the watch of the GTCS.
Question 2: Should the GTCS assume responsibility for setting entry requirements to Courses of Initial Teacher education?
79. The majority of respondents to this question supported the GTCS assuming responsibility for setting entry requirements to Courses of Initial Teacher Education. The Scottish Government agrees that it would be appropriate for the GTCS to assume this responsibility in respect of ITE courses relating to teaching in schools and accordingly plans to amend the Teaching Council (Scotland) Act 1965 to reflect this.
80. If the GTCS is given a more specific role as lead body for the development and maintenance of the Teaching Standards, it would be a logical development for the Council to also be the body that sets minimum entry requirements. This will mean that GTCS would have full responsibility for setting the standards to which teachers in state schools in Scotland should be working. Local Authorities, as teachers' employers, will continue to be responsible for ensuring staff meet the expected standard and effectively undertake their work.
81. Clearly, in carrying out this role the GTCS will be required to work closely with key stakeholders, in particular the institutions offering ITE courses, but also employers, teacher unions and the Scottish Government. As with the Teaching Standards, the Scottish Government intends that the forthcoming legislation underpinning this function will require the GTCS to consult fully when making changes to entry requirements. It will also be a requirement for the GTCS to actively consider issues raised by the Teacher Education Institutions as they arise. The Scottish Government, in conjunction with the GTCS, will consider how best to facilitate this exchange. As under current arrangements, institutions offering courses will be able to offer places to students on the basis of their own criteria, as long as the minimum entry requirements are met.
82. The majority of college sector respondents to this question stated that they did not believe that GTCS should assume responsibility for setting entry requirements for Teaching Qualification (Further Education) ( TQFE) courses. The college sector is diverse and it has been suggested that current guidance on entry requirements adequately meets the specific needs of Scotland's colleges. It could also be argued that the number of college lecturers registered with the GTCS is not currently sufficient to grant GTCS a mandate to undertake this role.
83. Consequently, the Scottish Government does not believe it is appropriate, at this stage, for the GTCS to be given responsibility for setting minimum entry requirements in relation to TQFE. Therefore the current arrangements for setting normal entry requirements to TQFE courses will continue. GTCS will however remain part of the partnership involved in planning these arrangements.
84. More broadly, however, the Scottish Government would like to highlight that cross-sectoral GTCS registration helps to ensure that standards across all sectors remain high while promoting professional collaboration and understanding. With this in mind, the Scottish Government encourages the GTCS and the college sector to continue to develop their relationship and increase the level of registration amongst college lecturers. A strengthening of this relationship and an increase in the level of registration would add weight to the case made by some for the GTCS to have an enhanced role in respect of ITE for the college sector.
Question 3: Should the GTCS assume responsibility for the approval of initial teacher education courses?
85. The majority of respondents to this question supported the GTCS assuming responsibility for the approval of Courses of Initial Teacher Education. The Scottish Government agrees that it would be appropriate for the GTCS to assume this responsibility in respect of courses related to teaching in schools and accordingly plans to amend the Teachers (Education, Training and Recommendation for Registration) (Scotland) Regulations 1993 so this arrangement is reflected.
86. The Council already accredits primary and secondary ITE courses and the Scottish Government has always approved on the basis of GTCS recommendations. As the current SG process is little more than a 'rubber-stamping' of Council work, it is logical that an independent Council focussed on the development and maintenance of teacher's skills, should accredit and approve courses that lead to the attainment of the Standards for Initial Teacher Education.
87. The Scottish Government does not however believe it is appropriate for the GTCS to be given full responsibility for the approval of TQFE courses. Currently, the approval process involves Scottish Government and GTCS working closely together with experts from HMIE and the college sector. As this approach has in the past been welcomed by the college sector and is supported by some of the colleges responses to the consultation, the Scottish Government consider that arrangements for the approval of TQFE should remain largely unchanged.
88. However, the Scottish Government, in line with the rationale outlined in paragraph 84, would like to note that it believes that the GTCS could, through a partnership arrangement, take a key role in this area of work. The advent of Curriculum for Excellence may, in addition, lead to a greater need to ensure better coherence of pedagogical practice across sectors. It is possible that these questions could be revisited as a result of further discussions and agreement between the Scottish Government, GTCS and the college sector.
Question 4: Do you think the GTCS should expand its role into CPD? If so, what do you think this role should consist of?
89. The Scottish Government notes that there was no clear view from the consultation as to whether the GTCS should have a role in relation to CPD, and if so, what that role should be. While many respondents believed that GTCS should not move into this area of work, many felt that this would in fact be appropriate and a variety of possible roles were suggested.
90. Taking the mixed views into account in conjunction with the complexity of the CPD landscape in Scotland, the Scottish Government is not minded to significantly amend the functions of the GTCS to give the Council an overall lead in this area. The one specific area related to CPD where the GTCS will be asked to take lead responsibility, relates to the re-accreditation of teachers.
91. The GTCS does however have an important role to play in maintaining and developing standards in Scottish Teaching. Accordingly, the Scottish Government expects that the GTCS will play a central role in discussions around the ongoing development of appropriate and effective CPD for Scottish teachers. It is also possible that an independent GTCS may, in partnership with others, require to consider ways in which this role might be further developed in future.
92. Currently the GTCS has responsibility for CPD through the operation of the Framework for Professional Recognition/Registration, aspects of the Flexible Route to Headship Programme and through the accreditation of all modular Chartered Teacher Programmes provided by the universities. These responsibilities will continue in an era of independence.
93. The Scottish Government consider it is appropriate to invite the GTCS to develop and consult on proposals for a system of re-accreditation for registered teachers in Scotland. It is expected that this system will build on those aspects of current good practice which can help teachers to keep their skills up to date as their careers develop and school curriculum and learning patterns change. For example, a supportive but rigorous system of professional review and development can assist individual teachers to identify constructive ways to update their professional skills, effectively confirming that teachers have maintained high standards and helping to ensure the future quality of professional teaching skills across Scotland's schools. This in turn will help ensure that pupils receive a consistently high level of teaching throughout their school careers. In developing such a system it is expected that the GTCS will discuss their proposals and consult fully with all interested parties including the teacher unions, professional bodies, local authorities, universities, colleges and the Scottish Government.
94. The Scottish Government recognises that the introduction of a system of reaccreditation will, in time, require GTCS, in partnership with other stakeholders, to consider how best to promote opportunities to maintain and improve standards of teaching.
95. Although a significant new role for the GTCS, it is our view that the development and subsequent management of a system of re-accreditation fits well with GTCS over-arching responsibility to ensure that the teaching profession provides the highest possible quality of education for children in Scotland's schools. An increased focus on the maintenance of standards will help embed a culture of ongoing professional development throughout the profession. The independent GTCS will therefore have a responsibility to set the requirements for entry into the profession, to set the standards that all teachers must work to, while taking on a new responsibility for helping teachers ensure their skills remain up to date.
96. In amending the Teaching Council (Scotland) Act 1965 we will ensure that the GTCS have the necessary statutory basis for the introduction of a re-accreditation scheme.
Question 5: What do you think is the most appropriate size for an independent Council?
97. The Scottish Government acknowledges that a large number of respondents to the consultation suggested that the status quo, a Council of 50 members, should be maintained. However, the Scottish Government is not convinced that the retention of a large Council, would be the best way forward for an independent GTCS. Accordingly we propose the Council is reduced to 37. The Scottish Government believes that a Council of 37 is large enough for a wide range of teachers and key education interests to be involved while allowing for a more concentrated strategic focus. A smaller Council will also encourage more dynamic interaction between Council members, especially in the forum of full Council meetings.
98. The consultation paper, in paragraph 39, stated that "the Scottish Ministers are minded to retain the professional majority in Council as a key component of a credible self-regulating, profession-led body." Many respondents made clear that they wished to see the retention of the teacher majority in an independent Council. By way of confirmation, the teacher majority will be retained in the smaller Council with 19 members of Council being elected teachers.
99. As the current Council of 50 members is currently facing difficulties in completing all necessary committee work, it is likely to be necessary for a smaller Council to operate a system of co-option by which GTCS can bring in non-Council members to help take committee work forward. It is the intention of the Scottish Government that the legislation supporting the GTCS will give the organisation considerable flexibility to develop and operate a system of co-option as it sees fit. The Council itself will therefore be required to consider issues such as how to recruit co-opted members and to what committees they will serve.
Question 6: How best can we ensure that the public interest is well represented on an independent Council?
100. The Scottish Government agrees with the respondents that suggested the public interest can be best represented on Council through the introduction of an independent appointments process through which members of the public can apply to become Council members. The Scottish Government proposes that in a Council of 37 members, it would be appropriate for 7 seats to be set aside for lay members who could apply through an open public appointments process. This represents a significant increase in the number of public interest members as in the current Council there are 50 members with only 6 representing elements of the public interest.
101. Some respondents to the consultation suggested that the Scottish Ministers should continue to directly appoint public interest representatives to the Council. As an independent body it is not appropriate for the Scottish Ministers to influence the composition of the Council. As suggested in the consultation, continuation of the system of Ministerial nominations will end after the Twelfth Council.
Independent Appointments Process
102. A framework will be developed through which members of the public can apply to be a member of Council. It will be important that key interests such as parents, business and individuals with experience of wider children's services are included in Council. It is expected that the appointments process will encourage the inclusion of key interests and will require those running the process to consider the overall balance of interest within Council. The process will be flexible so that potential gaps in the skill base of the overall Council could be filled through a public appointment.
103. It will also be important that the essential criteria for council members recruited from the general public is not restrictive and allows capable members of the public, from a wide variety of backgrounds, to apply to become Council members. The legislative basis for the independent appointments process will be set out in the forthcoming amendments to the 1965 Act. It is expected that the GTCS will develop the detail of the proposed independent appointments process, drawing on best practice, before consulting with stakeholders.
104. The Scottish Government believes that the seats set aside to allow the public interest to be represented should be subject to a strict definition of 'lay member'. At present it would be possible for a registered teacher to be nominated by the Scottish Ministers to Council as a public interest representative. We believe that for the GTCS to retain the confidence not only of the teaching profession but of the public more widely, the percentage of seats for public interest members should be increased and a strict definition of lay member applied to these seats. This will guarantee that Council always contains a wide range of independent members complementing the larger group of education professionals. A definition of lay member similar to that set out in paragraph 63 of the consultation will be adopted for this group of Council members.
105. The Scottish Government accepts that it would not be appropriate to extend this definition to the members who will be appointed by key organisations. As many of these organisations have an educational focus and have members who are, or have been teachers, it would be counter-productive, if not impossible, to force them to only select individuals that meet the definition of lay person. The fact that many members appointed by organisations will continue to be registered teachers highlights the importance of ensuring that public interest members are independent of the teaching profession.
Question 7: In terms of models the independent Council could adopt, do you prefer Model 1 or Model 2, a variant of either model, the status quo, or something completely different?
106. The Scottish Government does not believe the best model for a newly independent GTCS is the retention of the status quo. The Scottish Government is in favour of the variant model for Council suggested by some respondents which would contain:
- a majority of elected teachers;
- seats set aside for key educational interests (it is proposed that these organisations will be able to nominate members as per current practice); and
- seats set aside for members of the public who could apply via an independent appointments process.
107. This model allows for the retention of the election process which many respondents believed was key to the continuing legitimacy of the Council amongst teachers. It also allows for the retention of seats for key bodies (albeit with a reduction in the overall percentage of seats) which was argued for strongly by many respondents. The introduction of an independent appointments process to fill an increased percentage of public interest seats will help ensure the widest possible range of viewpoints are heard on Council.
Elected teacher majority
108. As discussed, the independent GTCS will retain an elected teacher majority. However, the Scottish Government intend that in amending the 1965 Act, the current list of categories (primary teacher, secondary teacher etc) and the number of seats attributed to each will be removed. There will remain a statutory basis for the teacher majority but it will be the responsibility of the GTCS as an independent regulatory body to consider what each category should be and the number of seats that should be attributed to each. It will be necessary for this work to be considered in partnership with other parties interested in the work of Council.
109. The Scottish Government believe that it is appropriate for the GTCS, as the independent regulatory body for the teaching profession in Scotland, to be able to have the flexibility to work with the profession to decide how its various sectors are represented on Council. Removing the list of categories from legislation will also allow future Councils to more easily consider whether new categories of elected member need to be introduced to Council. Finally, the 1965 Act will be amended so that the election process can be changed by the Council, without requiring new secondary legislation on each occasion.
110. While supporting the continuation of the teacher election process, the Scottish Government notes the continued low turnout in the 2009 elections despite very significant efforts both by the GTCS itself and by the teacher unions. The Scottish Government believes that the GTCS and the teaching community more widely should continue to consider ways in which turnout can be raised in advance of elections to the first fully independent Council.
Organisations with rights to appoint members of Council
111. In a Council of 37, there will be 11 seats set aside for members appointed by key organisations. The Scottish Government accepts that under an independent Council, it would be beneficial for many of the bodies that currently have rights to appoint members to continue to do so as they have an important role to play in the delivery of education in Scotland. However, in reflecting on the reduction in the overall number of seats in Council, and the resultant reduction in places for organisational appointments, the Scottish Government does wish to take the opportunity to amend the list of organisations that can appoint. Specifically we propose to introduce two new over-arching categories covering Local Government/Employers and Universities. The Scottish Government also believes it is appropriate for parents to have a guaranteed place on Council through an appointment made by the National Parents Forum.
112. Local Government/Employers. Currently COSLA, ADES and ADSW all separately appoint members of Council. It is the Scottish Government's view that as these organisations all work in the local authority sector, it should be open for the sector to decide who will be a member of Council as opposed to specifying particular local authority branches. While it seems likely that at least one Director of Education will continue to be appointed to Council, the other seats could be filled by elected Council members or officials with an interest in the work of the GTCS. These individuals would not necessarily have to be drawn from the education services, but as with the ADSW seat in the current Council, could be drawn from the wider range of local authority services. We expect that COSLA, in partnership with ADES and other local authority interests, will lead the appointments process for this category. We would also expect that all those appointed must have the support of their home authority before taking up post.
113. Universities. Currently Universities providing Initial Teacher Education Courses and other Universities appoint members of Council. As with the Local Government/ Employers category, the Scottish Government believes that it would be appropriate to create a single category to cover all University interests and allow the University sector, under the auspices of University Scotland, the freedom to decide who should become a member. As the Universities providing ITE courses have a clear interest in the work of the GTCS, we would expect that at least one of the three seats available will be filled by a representative from an ITE course provider.
114. National Parents Forum. There will be a single seat for a representative of parents that will be nominated by the National Parents Forum. This is a new body designed to give parents a greater voice on a national level on educational issues. The interests of parents are recognised in the current Council through Ministerial Appointments and giving a guaranteed seat to the Forum acknowledges the important role parents have while giving the new Forum an appropriate responsibility. The inclusion of a guaranteed seat for the Forum does not mean that other individuals who are able to represent the interests of parents cannot apply to become Council members through the public appointments route as described in paragraph 102. The seat will simply guarantee a minimum level of representation for a key element of public interest.
115. Other organisations. The other organisations that currently have a right to appoint members, the Churches and Colleges of Further Education will be able to appoint one member each. The list of organisations with the ability to appoint members, along with the number of seats they will be given is listed below. The 1965 Act will be amended to reflect the new arrangements.
Organisations with the right to appoint members to the independent Council
Organisational Appointments - (11 Seats)
Local Government (3)
Colleges of Further Education (1)
Scottish Council of Independent Schools (1)
Roman Catholic Church (1)
Church of Scotland (1)
National Parents Forum (1)
116. As discussed in the response to question 6, the new Council will also include 7 seats for public interest representatives to be filled through an independent appointments process.
117. The Scottish Government would like to emphasise that the list of organisations with a right to appoint, while highlighting key interests, is not an exhaustive list and any individual organisation, or umbrella body, should be encouraged to contact and work directly with Council members and officials as necessary. Similarly the independent GTCS is encouraged to regularly engage and work in partnership with a wide range of stakeholders and not simply the core set of key interests who have the right to appoint to Council.
118. The current Council includes an election category for pre-school/non-school teachers. This category was introduced further to the Standards in Scotland's Schools etc Act 2000 that followed the review of the GTCS carried out by Deloitte and Touche in 1999. In the elections that have followed the introduction of the 2000 Act, the GTCS have consistently found it difficult to identify candidates to fill this seat. This has resulted in the GTCS operating for long spells with a reduced complement of Council members. As this category has proved so difficult to fill, it is expected that the independent GTCS will remove it from the list of categories from which teachers can be elected.
119. The single seat designated for this category will be re-absorbed into the total seats available for elected teachers in a new model the independent GTCS will bring forward. The Twelfth Council, starting in November 2009, will therefore be the last Council where this category is represented in the election process.
Question 8: In considering the composition of the current Council, do you think that there are groups missing from whose input the Council would benefit?
120. The Scottish Government notes that a majority of respondents suggested that no additional groups need to feature in the membership of the Council. We also note the wide variety of the other groups suggested by other respondents to the consultation.
121. It is our view that the independent appointments process will act as the mechanism that will allow a wide variety of elements of the public interest to be represented on Council. The process will be developed so that key elements of the public interest such as parents, business and the wider early years interests are represented.
Question 9: Do you have any comments relating to the issues raised in this section?
122. The Scottish Government wishes to re-state the commitment given in section 3.4 and throughout the consultation paper that the forthcoming legislation amending the 1965 Act will give the independent GTCS more flexibility in the way in which it carries out its functions. This will include an increased level of freedom in the way the organisation can be structured, including the committee structure, and an increased level of freedom in relation to financial matters.
123. It is the intention that as a public body undertaking an important function, it remains appropriate for the GTCS to submit its Annual Report, Strategic Plan and Diversity Action Plan to the Scottish Parliament.
Question 10: Do you believe the length of time individuals should be allowed to
serve on Council should be capped?
124. Despite the majority of consultation responses suggesting a cap should not be imposed, the Scottish Government believes that the length of time that individuals can serve as a member of the Council should be capped. Although the majority of Council members will be elected, the Scottish Government believes the cap should apply equally to all members no matter if they are elected, nominated by an organisation or appointed through the independent appointments process.
125. Accordingly, the Scottish Government propose introducing a cap of two terms of four years within a period of twenty years. This will bring the GTCS into a similar position as many other regulatory bodies. This arrangement will strike a balance between allowing existing members to develop experience in working with the GTCS while ensuring that membership of the Council is regularly refreshed and other interested individuals are given the chance to become involved.
126. The Scottish Government notes that some consultation responses suggested there should be a rolling programme of membership so that the Council does not lose a considerable number of experienced members at the same time (e.g. when a term ends). After discussion with the GTCS, it has been decided not to adopt a rolling programme for the replacement of Council members at this juncture as the complexity of running multiple election processes across the life of each Council would be complicated and expensive. However, the Scottish Government will ensure that the 1965 Act is amended so that if a future independent Council wishes to change GTCS policy in relation to the order in which Councils are formed, it will be possible to do so without recourse to further legislative change.
127. The Scottish Government wishes to address some of the additional comments made through the consultation.
Registration of other groups
128. The Scottish Government is aware of ongoing discussions relating to whether the GTCS should register other groups of staff involved in the delivery of education. It was felt that it would be more appropriate for discussions around whether additional groups should be registered to take place outwith the consultation on independent status so as to not deflect from the core purpose of this particular piece of work. It is envisaged that an independent GTCS would be able to open new parts of the register as long as the regulation of those groups fitted within the core functions set out in the 1965 Act as amended. If however Council wanted to register groups not directly related to the core functions of GTCS, it would be necessary for the Government to give the Council the legal basis to do so.
129. As stated in the consultation paper it is the Scottish Government's intention that the GTCS is provided more flexibility in the way in which it operates. Accordingly the Council will be provided with the legislative basis to manage its finances as it sees fit.
130. The model for Council proposed in this paper does not include the development of a management board that concerned a number of stakeholders. The development of a new committee structure will be a matter for the newly independent GTCS.
4.3 Next Steps
Public Service Reform Bill
131. The draft Public Service Reform ( PSR) Bill was introduced to the Scottish Parliament on 28 May 2009. To make the proposed changes to the constitution of the GTCS enshrined in the 1965 Act, it will be necessary to bring forward secondary legislation under section 10 of the draft Bill. The PSR Bill is currently working its way through the Scottish Parliament and if it completes its Parliamentary passage, it is expected to receive Royal Assent towards the middle of 2010. Shortly after this the Scottish Government will introduce the secondary legislation that will underpin the independent GTCS.
GTCS Charity Status
132. The GTCS is currently registered as a charity. However, since 2006 the Office of the Scottish Charities Regulator ( OSCR) has considered that the GTCS could have issues in relation to charity law on the basis that a number of sections of the 1965 Act allow the Scottish Ministers to control aspects of the Council's work. As independence from Ministerial control is a key tenet of charity law, OSCR considered that GTCS may not comply with charity law on the basis of some sections of the 1965 Act.
133. To ensure that GTCS continues to be classed as a charity, Scottish Ministers have brought forward legislation under section 102(a) of the Charities and Trustee Investment (Scotland) Act which repeals the sections of the 1965 Act that allow Minsters to control aspects of the GTCS. In practice these amendments to the 1965 Act bring forward some of changes the Scottish Government had originally intended to make through the PSR Bill 2.
134. As discussed above, it will be necessary to bring forward secondary legislation under section 10 of the draft Bill. This legislation will set out a new constitution for the independent GTCS and will provide the legal basis for the changes that have been discussed throughout this paper. The Scottish Government will issue a consultation towards the middle of this year on the draft legislation thereby giving stakeholders the opportunity to comment on the detail of the proposed legislation.
135. It is expected that all the legislative changes to the GTCS will have been made by the end of 2010. Taking into account the expected timetable of the PSR Bill and the necessary subsequent legislation, it is estimated that the current (Twelfth) Council will exist for around 2 years. The Thirteenth Council will therefore be the first to operate under the new legislative framework as set in this paper.