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!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Statutory Instruments made by the National Assembly for Wales |
||
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20011424e.html |
[New search] [Help]
Made | 5th April 2001 | ||
Coming into force | 1 June 2001 |
1. | Citation and commencement |
2. | Interpretation |
3. | Establishment of Investigating Committees |
4. | Delegation of Investigating Committees' functions |
5. | Establishment of Professional Conduct Committees |
6. | Establishment of Professional Competence Committees |
7. | Use of the Code of Practice in disciplinary matters |
8. | Membership and procedure of Committees |
9. | Exclusion or restriction of Committees' powers |
10. | Proceedings of Investigating Committees |
11. | Proceedings of Professional Conduct Committees and Professional Competence Committees |
12. | Entitlement to appear and be represented at hearings |
13. | Attendance of witnesses |
14. | Requirement for hearings to be held in public |
15. | Administration of oaths and affirmations |
16. | Other provisions about Professional Conduct Committees' and Professional Competence Committees' procedure |
17. | Referring cases to other Committees |
18. | Disciplinary orders |
19. | Publication of disciplinary orders |
20. | Application to vary or set aside a condition in a conditional registration order |
21. | Consequences of failure to comply with a conditional registration order |
22. | Prohibition orders |
23. | Review of disciplinary orders |
24. | Appeals |
25. | Disciplinary orders made by the General Teaching Council for England |
26. | Service of notices and orders |
27. | Publication and provision of copies of documents |
28. | Provision of information by employers to the Council |
SCHEDULE | Information to be supplied by a registered teacher's employer to the Council |
(2) In regulations 18 and 28, "employer" ("cyflogydd") means -
(b) a local education authority which employs a registered teacher to work as a teacher otherwise than at a school or institution falling within sub-paragraph (a);
(c) a local education authority or the governing body of a school or institution falling within sub-paragraph (a) which employs a registered teacher in work otherwise than as a teacher which brings the teacher regularly into contact with persons who have not attained the age of nineteen years; and
(d) a person who employs a registered teacher at an independent school, or the proprietor of an independent school who employs a registered teacher, to work as a teacher or in work otherwise than as a teacher which brings the teacher regularly into contact with persons who have not attained the age of nineteen years, and includes a person who engages (or makes arrangements for the engagement of) a registered teacher to provide services otherwise than under a contract of employment, and "employed" ("cyflogi" and "cyflogir") shall be construed accordingly.
(3)
(4) In regulations 11 to 15 "hearing" ("gwrandawiad") means the hearing by a Professional Conduct Committee or a Professional Competence Committee of disciplinary proceedings against a registered teacher, or a hearing under regulation 20, 21 or 22.
(5) In regulations 8 and 28 "registered teacher" ("athro neu athrawes gofrestredig") means a person for the time being registered under section 3 of the 1998 Act, and in the remaining provisions of these Regulations it means -
(6) Any reference in these Regulations to -
(b) to decide in the light of their investigations whether -
Delegation of Investigating Committees' functions
4.
- (1) An Investigating Committee may delegate to an employee of the Council the functions of -
(b) deciding whether a registered teacher has a case to answer in relation to a matter the employee investigated under sub-paragraph (a);
(c) discontinuing a case against a registered teacher where the employee has decided under paragraph (b) that there is no case to answer.
(2) These Regulations shall apply to the exercise of a function by an employee of the Council as they would apply to the exercise of that function by an Investigating Committee.
Establishment of Professional Conduct Committees
5.
- (1) The Council shall establish one or more committees to be known as Professional Conduct Committees for the purposes of carrying out the functions referred to in paragraph (2).
(2) The functions of a Professional Conduct Committee are -
(b) where a Professional Conduct Committee find a teacher -
to consider whether to make a disciplinary order in relation to that teacher and if they consider that such an order should be made, to make such an order; and
(c) to determine applications under regulation 20 or 22 or matters arising in relation to disciplinary orders under regulation 21 or 23.
Establishment of Professional Competence Committees
6.
- (1) The Council shall establish one or more committees to be known as Professional Competence Committees for the purposes of carrying out the functions referred to in paragraph (2).
(2) The functions of a Professional Competence Committee are -
(b) where a Professional Competence Committee find a teacher -
to consider whether to make a disciplinary order in relation to that teacher and, if they consider that such an order should be made, to make such an order; and
(c) to determine applications under regulation 20 or 22 or matters arising in relation to disciplinary orders under regulation 21 or 23.
Use of the Code of Practice in disciplinary matters
7.
A Committee may take into account any failure by a registered teacher to comply with the Code of Practice in any disciplinary proceedings against that teacher
Membership and procedure of Committees
8.
- (1) The Council must include on a Committee -
(2) A person who by virtue of regulation 5(2) of the General Teaching Council for Wales (Constitution) Regulations 1999[9] is not eligible to be a member of the Council or to vote in an election for elected members of the Council shall not be eligible to be a member of a Committee.
(3) The quorum for a meeting of a Committee shall be three members, including one lay member, one registered teacher member and if no lay member or registered teacher member present is a Council member, one Council member.
(4) A person who is a member of the Investigating Committee investigating a case shall not be appointed as a member of the Professional Conduct Committee or Professional Competence Committee which determine that case.
(5) Subject to paragraphs (1) to (4) and regulations 20 and 22, the Council may make such provision as they see fit as to -
(6) In this regulation -
and a lay member who becomes a registered teacher or who takes up a post or engagement as a teacher shall cease to be regarded as a lay member;
(b) "registered teacher member" means a member of the Committee who is -
and a registered teacher member who ceases to be a registered teacher or who ceases to hold a post or engagement as a teacher shall cease to be regarded as a registered teacher member; and
(c) "Council member" means a member of the Committee who is a member of the Council.
Exclusion or restriction of Committees' powers
9.
(1) The functions under these Regulations of an Investigating Committee are excluded in a case where -
(2) The functions under these Regulations of an Investigating Committee are excluded in a case where -
Proceedings of Investigating Committees
10.
- (1) Where an Investigating Committee decide to carry out an investigation in relation to a registered teacher, they shall at such stage in the investigation as they consider appropriate -
(2) An Investigating Committee may decide to discontinue an investigation at any time before a case is referred for determination by a Professional Conduct Committee or a Professional Competence Committee.
(3) When their investigation is complete the Investigating Committee shall take one of the following steps -
(4) Where an Investigating Committee decide to discontinue an investigation or a case they shall inform the registered teacher concerned, and when they do so they shall at the same time inform the teacher if they decided that he or she had no case to answer.
(5) Where an Investigating Committee decide that a registered teacher has no case to answer, they shall at his or her request publish a statement to that effect.
(6) The Council may make such other provision as to the procedure to be followed by an Investigating Committee in connection with their investigations and other proceedings as they see fit, and may from time to time revise any rules of procedure made under this paragraph.
Proceedings of Professional Conduct Committees and Professional Competence Committees
11.
- (1) A Committee shall determine cases against registered teachers referred to them by an Investigating Committee in accordance with paragraphs (2) to (6), regulations 12 to 15 and rules made by the Council under regulation 16.
(2) Except as provided in paragraph (3), a Committee shall determine all cases, applications under regulation 20 or 22 or matters arising in relation to disciplinary orders under regulation 21 following a hearing.
(3) A Committee may determine a case, application under regulation 20 or 22 or matter arising in relation to a disciplinary order under regulation 21 without a hearing at the written request of the registered teacher against whom disciplinary proceedings are being taken or against whom the disciplinary order was made unless it appears to them necessary in the interests of justice or the public interest to hold a public hearing.
(4) A Committee may decide at any time after a case is referred to them by an Investigating Committee to discontinue that case, and if they decide to discontinue a case they shall inform the teacher concerned and when they do so they shall at the same time inform the teacher if they decided that there was no case against him or her.
(5) Where they do not find the case against a registered teacher proved, a Committee shall at the teacher's request publish a statement to that effect.
(6) Where they find a registered teacher -
a Committee may make a disciplinary order in relation to the teacher in accordance with regulation 18.
Entitlement to appear and be represented at hearings
12.
(1) A registered teacher is entitled to appear and make oral representations and to be represented, by any person or persons whom he or she desires, at any hearing of a Committee at which his or her case is considered.
(2) Where a registered teacher does not appear at a hearing of a Committee at which his or her case is considered, the teacher is entitled to make written representations.
Attendance of witnesses
13.
A Committee may require any person to attend and give evidence or to produce documents or other material evidence at any hearing.
Requirement for hearings to be held in public
14.
- (1) A Committee shall announce their determination of the outcome of all hearings in public and subject to paragraphs (2) and (3) all hearings of a Committee shall take place in public.
(2) A Committee may deliberate in private at anytime and for any purpose during or after a hearing.
(3) A Committee may exclude the public from a hearing or any part of a hearing -
Administration of oaths and affirmations
15.
A Committee may require any witness at a hearing to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Other provisions about Professional Conduct Committees' and Professional Competence Committees' procedure
16.
The Council may make such other provision as to the procedure to be followed by a Committee in connection with their determinations and other proceedings as they see fit, and may from time to time revise any rules of procedure made under this paragraph.
Referring cases to other Committees
17.
- (1) A Professional Conduct Committee may refer a case for detemination by a Professional Competence Committee, and a Professional Competence Committee may refer a case for determination by a Professional Conduct Committee.
(2) A Professional Conduct Committee or a Professional Competence Committee may refer a case to an Investigating Committee.
Disciplinary orders
18.
- (1) A disciplinary order shall record the decision of the Committee, the date on which the order is made, and the date on which the order takes effect.
(2) A conditional registration order shall in addition to the items referred to in paragraph (1) specify all the conditions relevant to his or her employment as a teacher with which the registered teacher is required to comply, and in relation to each such condition, either the period for which it has effect, or that it has effect without limit of time (as the case may be).
(3) A suspension order shall in addition to the items referred to in paragraph (1) specify the period (not exceeding two years) at the end of which the registered teacher again becomes eligible for registration.
(4) A prohibition order shall in addition to the items referred to in paragraph (1) specify the period (which shall not be less than two years beginning with the date on which the order takes effect) before the end of which no application may be made for a determination that the teacher is eligible for registration.
(5) Except where a Committee otherwise decide, a disciplinary order shall take effect on the date on which notice of it is served on the person in relation to whom it is made.
(6) A Committee shall -
(b) serve notice of the order on his or her present or last employer; and
(c) send a copy of the order to the National Assembly.
(7) Where following the determination of a case by a Committee they decide not to make a disciplinary order in relation to a registered teacher, the Committee shall notify the teacher of their decision, including the reasons for it, and when they do so they shall at the same time inform him or her if they decided that the case against him or her was not proved.
(8) Where they do not find the case against a registered teacher proved, a Committee shall at the teacher's request publish a statement to that effect.
Publication of disciplinary orders
19.
- (1) The Council may publish the information set out in paragraph (2) in relation to a disciplinary order -
(2) The information to be published is -
Application to vary or set aside a condition in a conditional registration order
20.
- (1) A registered teacher in relation to whom a conditional registration order has been made may apply to the Council for variation or revocation of any condition specified in the order.
(2) An application under paragraph (1) shall be made in writing and shall specify the grounds on which the registered teacher seeks to have any condition specified in the order varied or revoked, and it shall be accompanied by every document relied upon in support of the application.
(3) Where a conditional registration order in respect of which an application is made under paragraph (1) was made by a Professional Conduct Committee, the application shall be determined by another Professional Conduct Committee which shall not include as a member any person who was a member of the Committee which made the order complained of.
(4) Where a conditional registration order in respect of which an application is made under paragraph (1) was made by a Professional Competence Committee, the application shall be determined by another Professional Competence Committee which shall not include as a member any person who was a member of the Committee which made the order complained of.
Consequences of failure to comply with a conditional registration order
21.
Where a Professional Conduct Committee or a Professional Competence Committee are satisfied that a registered teacher against whom a conditional registration order has been made has failed to comply with any condition of it, they may make a suspension or prohibition order in relation to the teacher.
Prohibition orders
22.
- (1) A person in relation to whom a prohibition order has been made may apply to the Council for a determination that he or she is eligible for registration.
(2) An application under paragraph (1) shall be made in writing and shall specify the grounds on which the person seeks the determination, and it shall be accompanied by every document relied upon in support of the application.
(3) Where a prohibition order in respect of which an application is made under paragraph (1) was made by a Professional Conduct Committee, the application shall be determined by another Professional Conduct Committee which shall not include as a member any person who was a member of the Committee which made the order complained of.
(4) Where a prohibition order in respect of which an application is made under paragraph (1) was made by a Professional Competence Committee, the application shall be determined by another Professional Competence Committee which shall not include as a member any person who was a member of the Committee which made the order complained of.
Review of disciplinary orders
23.
A Committee may of their own motion at any time revoke a disciplinary order made by them where -
Appeals
24.
Any person aggrieved by a disciplinary order made in relation to him or her shall have the right to appeal against the order to the High Court within 28 days from the date on which notice of the order is served on him or her.
Disciplinary orders made by the General Teaching Council for England
25.
A disciplinary order made by the General Teaching Council for England or a committee of that Council shall apply in relation to Wales as it applies in relation to England.
Service of notices and orders
26.
- (1) Anything required to be served on a person for the purposes of disciplinary proceedings may be -
(2) For the purposes of regulations 18(5) and 24 notice of a disciplinary order shall be taken to have been served on the person in relation to whom it was made -
Publication and provision of copies of documents
27.
- (1) The Council shall publish -
any rules of procedure made under regulation 10(6) or 16 and any provision made under regulation 8(5), and shall at the request of any registered teacher provide him or her with a copy of such rules or provision free of charge.
(2) The Council shall publish any statement they are required to publish under regulation 10(5), 11(5) or 18(8) on a website which they maintain on the internet, and if they so wish they may publish the statement in such other manner as they see fit.
(3) The Council shall make all information provided to them under this regulation available to an Investigating Committee.
(4) In this regulation, "employer" includes a former employer.
Signed on behalf of the National Assembly under section 66(1) of the Government of Wales Act 1998[11].
D.Elis Thomas
The Presiding Officer of the National Assembly
5th April 2001
Part II also makes provision about the constitution of those Committees and for the Council to make further provision about constitutional matters (regulation 8). Regulation 9 excludes Investigating Committees' functions in certain cases. Regulation 10 to 15 make provision about the proceedings of Committees, including hearings, and regulation 16 enables the Council to make further provision about proceedings. Regulations 18 to 23 make provision about disciplinary orders. Regulation 24 provides a person against whom a disciplinary order has been made with a right of appeal to the High Court.
Part III requires certain employers of registered teachers to provide the Council with information listed in the Schedule where they dismiss a registered teacher on the grounds of incompetence or where they would have dismissed the teacher or considered dismissal on such grounds had he or she not resigned first.
[2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] S.I. 2000/1979 (W. 140).back
[4] 1996 c.36; section 463 is amended by paragraphs 57 and 124 of Schedule 30 and by Schedule 31 to the School Standards and Framework Act 1998.back
[7] 1996 c.36; section 337(1) is amended by paragraph 80 of Schedule 30 to the School Standards and Framework Act 1998.back
[8] 1992 c.13; section 65 was amended by the Disability Discrimination Act 1995 (c.50) and the Teaching and Higher Education Act 1998 (c.30).back
[9] S.I. 1999/1619 amended by S.I. 1999/3185 (W.43).back
[10] 1988 c.40. Section 218(6) is amended by section 290(3) of the Education Act 1993 (c.35) and section 5(4) of the Protection of Children Act 1999 (c.14). The regulations in force under at the time of making these regulations were the Education (Restriction of Employment) Regulations 2000, S.I. 2000/2419 which apply to both Wales and England.back