BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004 No. 38
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040038.html

[New search] [Help]



2004 No. 38

EDUCATION

The General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004

  Made 9th February 2004 
  Coming into operation 5th April 2004 

The Department of Education, in exercise of the powers conferred on it by Articles 35(1) and (2), 36(1), (3), (4), and (5) and 40(3) and 90(3) of the Education (Northern Ireland) Order 1998[1] and of all other powers enabling it in that behalf, hereby makes the following Regulations:



PART I

INTRODUCTION

Citation and commencement
     1. These Regulations may be cited as the General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004 and shall come into operation on 5th April 2004.

Interpretation
    
2. In these Regulations -



PART II

REGISTRATION OF TEACHERS

Disqualification from registration
     3. For the purposes of Article 35 of the 1998 Order, a person is not eligible for registration if he is not eligible to teach, or disqualified from being a teacher in any school, by virtue of -

Applications for registration
     4.  - (1) An application for registration shall include -

    (2) The Council may make further provision as to-

Registration on establishment of the register
    
5.  - (1) On the establishment of the register, the Council may register persons eligible for registration who have not made applications for registration.

    (2) The Council shall send written confirmation of their registration to all persons registered under paragraph (1).

    (3) The Council shall upon request provide free of charge a copy of the information recorded on the register against the name to a person registered under paragraph (1), if that person so requests.

Content of register
    
6.  - (1) There shall be recorded in the register against the names of those registered in it the matters listed in Schedule 1 for such period (if any) as is specified in that Schedule.

    (2) The Council may make provision as to additional matters to be recorded in the register.

Division of register into separate parts
    
7. The Council may make provision as to the division of the register into separate parts.

Amending entries on the register
    
8. The Council may make provision as to the restoration and alteration of entries on the register, and the transfer of entries between different parts of the register.

Charging of registration fees
    
9. The Council may make provision -

Removal of entries from the register
    
10. The Council may make provision as to the removal of entries from the register where the persons concerned have ceased to be eligible for registration, have failed to pay a registration fee, or otherwise.

Issue and form of certificates of registration
    
11. The Council may make provision as to the issuing of certificates of registration to registered teachers, and as to the form of such certificates.

Public access to the register
    
12.  - (1) The Council may, on request, inform a member of the public whether or not a person is a registered teacher.

    (2) The Council may publish the names of teachers on the register in such a manner as the Council may determine.



PART III

SUPPLY OF INFORMATION

Supply of information to teachers
    
13.  - (1) The Council shall supply a registered teacher, at his request, with a copy of the information entered on the register against his name.

    (2) The Council shall supply a person about whom it maintains records in accordance with Article 35 of the 1998 Order, at his request, with a copy of such records as it maintains about him pursuant to that Order.

Supply of information to employers or prospective employers
    
14.  - (1) Subject to paragraph (6) the Council shall if requested by an employer or prospective employer to whom this paragraph applies of -

supply that employer or prospective employer with the information set out in Schedule 2 in respect of the teacher or person concerned.

    (2) Paragraph (1) applies to an employer or prospective employer who is -

    (3) In relation to a person appointed or being considered for appointment as a teacher at a school maintained or assisted by the Ministry of Defence, the Ministry of Defence shall be treated as an employer to whom paragraph (1) applies.

    (4) An employer or prospective employer to whom paragraph (1) applies or is to be treated as such employer or prospective employer shall not disclose information supplied under this regulation to any person other than the teacher or person to whom the information relates.

    (5) Paragraph (4) does not prevent an Education and Library Board or the Council for Catholic Maintained Schools from disclosing information supplied to either of them under this regulation to the governing body of the school at which the person concerned is or is proposed to be employed.

    (6) Information may only be supplied under this regulation for reasons relating to a person's employment or prospective employment as a teacher.

    (7) The supply of any information under paragraph (1) shall be subject to the condition that the information is only to be used for the purposes of ascertaining the suitability of the teacher or unregistered person for employment or continued employment (as the case may be).

Supply of information to equivalent General Teaching Councils
    
15.  - (1) The Council shall on request supply the information set out in Schedule 2 in relation to -

to an equivalent General Teaching Council.

    (2) Information may only be supplied pursuant to paragraph (1) on condition that an equivalent General Teaching Council shall not disclose the information under this regulation to any person other than the teacher or person to whom the information relates.



Sealed with the Official Seal of the Department of Education on


9th February 2004.

L.S.


C. Jendoubi (Mrs)
A Senior Officer of the Department of Education


SCHEDULE 1
Regulation 6(1)


MATTERS TO BE RECORDED IN THE REGISTER AGAINST A TEACHER'S NAME


     1. The reference number assigned to the teacher by the Department of Education.

     2. Title (Mr/Mrs/Ms/Miss/Dr etc).

     3. Whether the teacher is male or female.

     4. The teacher's date of birth.

     5. Where applicable, any name by which the teacher was formerly known.

     6. If known, the racial group into which the teacher falls, within the meaning of Article 5 of the Race Relations (Northern Ireland) Order 1997[
6].

     7. If known, whether the teacher is disabled within the meaning of section 1 of the Disability Discrimination Act 1995[7].

     8. The teacher's home address or other contact address, and if known his telephone number, facsimile number and electronic mail address.

     9. The teacher's national insurance number.

     10.  - (1) If known, where the teacher is employed as a teacher -

    (2) If known, where the teacher is not currently employed as a teacher, the date on which he was last so employed, and the details specified in sub-paragraph (1)(a) to (e) in relation to his most recent teaching post.

     11. If known, if the teacher is retired, on a career break, unemployed or employed otherwise than as a teacher.

     12. Where the teacher has successfully completed a course for the initial training of teachers -

     13. Where the teacher holds a degree or equivalent qualification, other than by successfully completing a course for the initial teacher training of teachers -

     14. The date on which the teacher qualified as a teacher.

     15. If known, the date on which the teacher took up his first post as a qualified teacher.

     16. If known, particulars of any qualification held by the teacher for teaching the visually or hearing impaired pupils or any other academic or professional qualification held by the teacher, including any professional qualification in relation to being a principal.

     17.  - (1) Where the teacher has successfully completed an induction period -

    (2) Where the teacher has not successfully completed induction, the reason for not doing so.

     18.  - (1) Where the teacher has successfully completed early professional development -

    (2) Where the teacher has not successfully completed early professional development, the reason for not doing so.

     19. If known, an indication of whether the teacher is paid on the upper pay scale as determined by the Department from time to time under Article 69(1) and (6) of the Education and Libraries (Northern Ireland) Order 1986[8].

     20. The category in which the teacher may vote for the election of elected members to the Council pursuant to an electoral scheme under regulation 6 of the General Teaching Council for Northern Ireland (Constitution) Regulations (Northern Ireland) 2001[9].

     21. The terms of any restriction for the time being in force in relation to the teacher under regulations made under Articles 70(1) and (2)[10] and 134(1) of the 1986 Order[11].

     22. The terms of any restriction for the time being in force in relation to the teacher as a result of disciplinary action taken by an equivalent General Teaching Council.

     23. The terms of any disciplinary order, other than a reprimand, for the time being in force, made by an equivalent General Teaching Council.

     24. The terms of any reprimand issued by an equivalent General Teaching Council, for a period of two years from the date the reprimand was issued.

     25. An indication of whether the teacher has paid his registration fee.

     26. If applicable, an indication that the teacher has retired under regulation E4(4) of the Teachers' Superannuation Regulations (Northern Ireland) 1998[12].



SCHEDULE 2
Regulations 14(1) and 15(1)


INFORMATION TO BE SUPPLIED TO EMPLOYERS AND THE EQUIVALENT GENERAL TEACHING COUNCILS


     1. Whether or not the teacher is registered.

     2. Whether or not the teacher is a qualified teacher.

     3. The date on which the teacher qualified as a teacher.

     4. Where the teacher has successfully completed a course for the initial training of teachers -

     5. Where the teacher holds a degree or equivalent qualification, other than by successfully completing a course for the initial training of teachers -

     6. If known, the date on which the teacher took up his first post as a qualified teacher.

     7. If known, particulars of any qualification held by the teacher for teaching the visually or hearing impaired pupils or any other academic or professional qualification held by the teacher, including any professional qualification in relation to being a principal.

     8.  - (1) Where the teacher has successfully completed an induction period -

    (2) Where the teacher has not successfully completed induction, the reason for not doing so.

     9.  - (1) Where the teacher has successfully completed early professional development -

    (2) Where the teacher has not successfully completed early professional development, the reason for not doing so.

     10. If known, an indication of whether the teacher is paid on the upper pay scale as determined by the Department from time to time under Article 69(1) and (6) of the Education and Libraries Order 1986.

     11. The terms of any restriction for the time being in force in relation to the teacher under regulations made under Articles 70(1) and (2) and 134(1) of the 1986 Order.

     12. The terms of any restriction for the time being in force in relation to the teacher as a result of disciplinary action taken by an equivalent General Teaching Council.

     13. The terms of any disciplinary order, other than a reprimand, for the time being in force, made by an equivalent General Teaching Council.

     14. The terms of any reprimand issued by an equivalent General Teaching Council, for a period of two years from the date the reprimand was issued.

     15. If applicable, an indication that the teacher has retired under regulation E4(4) of the Teachers' Superannuation Regulations (Northern Ireland) 1998.



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations relate to the functions of the General Teaching Council for Northern Ireland, a body corporate established by Article 34 of the Education (Northern Ireland) Order 1998 ("the 1998 Order") with the aims of contributing to improving the standards of teaching and the quality of learning and maintaining and improving the standards of professional conduct amongst teachers in the public interest.

Article 35 of the 1998 Order confers on the Council the function of establishing and maintaining a register of teachers. Part II of these Regulations makes provision as to the form and manner in which the register is to be kept, and other matters relating to registration. Part II also prescribes circumstances additional to those set out in Article 35 of the 1998 Order in which teachers are ineligible for registration. Schedule 1 sets out the matters to be recorded in the register against a teacher's name.

Part III requires the Council to supply copies of information held about them to registered teachers and other persons such as qualified teachers who are not registered about whom the Council holds records and requires the Council to supply the information set out in Schedule 2 to employers and prospective employers of teachers and to the General Teaching Council for England, the General Teaching Council for Wales and the General Teaching Council for Scotland.


Notes:

[1] S.I. 1998/1759 (N.I. 13) as amended by the Education and Libraries (Northern Ireland) Order 2003 (S.I. 2003/424 (N.I. 12)), Article 35back

[2] S.R. 1987 No. 266back

[3] 1998 c. 30back

[4] 1965 c. 19. (Section 11 was amended by Section 50 of the Standards in Scotland's Schools etc (Scotland) Act 2000back

[5] S.R. 1997 No. 312back

[6] S.I. 1997/869 (N.I. 6)back

[7] 1995 c. 50back

[8] Article 69 was substituted by Article 42 of S.I. 1993/2810 (N.I. 12)back

[9] S.R. 2001 No. 288back

[10] Article 70 was substituted by Article 8 of S.I. 1987/167 (N.I. 2) and Article 70(1) was amended by Article 42(2) of S.I. 1993/2810 (N.I. 12)back

[11] As amended by Article 50(1) of and Part II of Schedule 4 to S.I. 1993/2810 (N.I. 12)back

[12] S.R. 1998 No. 333back



ISBN 0 33795394 5


  © Crown copyright 2004

Prepared 16 February 2004


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2004/20040038.html