The Scottish Public Services Ombudsman Act 2002 Amendment (No. 2) Order 2012 No. 85

The Scottish Public Services Ombudsman Act 2002 Amendment (No. 2) Order 2012 No. 85

Scottish Statutory Instruments

2012 No. 85

Scottish Public Services Ombudsman

The Scottish Public Services Ombudsman Act 2002 Amendment (No. 2) Order 2012

Made

14th March 2012

Coming into force

2nd April 2012

At the Court at Buckingham Palace, the 14th day of March 2012

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 3(2)(b) of the Scottish Public Services Ombudsman Act 2002(1) and all other powers enabling Her Majesty to do so.

In accordance with section 24(2) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1. This Order may be cited as the Scottish Public Services Ombudsman Act 2002 Amendment (No. 2) Order 2012 and comes into force on 2nd April 2012.

Amendment of the Scottish Public Services Ombudsman Act 2002

2. Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (Listed Authorities, Entries Amendable by Order in Council) is amended by omitting the entry relating to the General Teaching Council for Scotland (paragraph 24).

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002. Schedule 2 to that Act specifies persons liable to investigation by the Scottish Public Services Ombudsman. The Order removes the General Teaching Council for Scotland from the list of persons specified for this purpose. This is in consequence of the amendments to the functions, constitution and governance arrangements of the General Teaching Council for Scotland made by the Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215).

(1)

2002 asp 11. Section 3(2) provides for the power conferred therein to be exercised by Her Majesty by Order in Council. Section 24(2) provides that no recommendation to make an Order in Council under section 3(2) is to be made to Her Majesty in Council unless a draft of the Order has been laid before, and approved by resolution of, the Scottish Parliament. Section 24(2) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).