Teaching Council (Scotland) Act 1965 (repealed)

[F1 10A The Professional Conduct Committee S

(1) Without prejudice to subsections (2) and (3) below, the Professional Conduct Committee shall have the functions of—

(a) formulating and keeping under review the policy of the Council as respects the professional conduct of teachers; and

(b) overseeing the actings of its own sub-committees.

(2) Where the Professional Conduct Committee has been notified by—

(a) a person’s employer (or former employer if the person is for the time being unemployed); or

(b) the Scottish Ministers,

that the person has an illness or some other medical condition and after due inquiry the committee is satisfied that that is so and that the nature of the illness, or condition, and its effect on the person are such as to warrant a direction that the person’s name be removed from the register, the committee may so direct.

(3) The Professional Conduct Committee shall be charged with the duty of considering and determining any application for re-registration of a name in the register where the name was removed by virtue of subsection (2) above.

(4) Schedule 2 to this Act shall apply in relation to proceedings under subsection (2) above before the Professional Conduct Committee as it applies in relation to any proceedings before the Disciplinary Sub-committee; except that in so applying paragraph 2 of that Schedule that paragraph shall be modified as follows—

(a) in sub-paragraph (1)—

(i) in head (a), the words “under section 10B(2) of this Act” shall be disregarded; and

(ii) head (g) shall be disregarded; and

(b) in sub-paragraph (2), heads (b) and (c) shall be disregarded,

and such rules as are, for the purposes of that application, made under the said paragraph 2 shall include rules relating to any need for the person to submit himself for examination by an appropriately qualified practitioner appointed by the committee and permitting the attendance at any such examination of a qualified medical practitioner appointed for that purpose by the person.

(5) When the Professional Conduct Committee directs—

(a) that a person’s name be removed from the register; or

(b) that an application for re-registration be refused,

the committee shall serve on the person notice of the direction; and any such notice shall include a statement of the reasons for the direction.]

Textual Amendments

F1 Ss. 10-11B substituted for ss. 10, 11 (1.1.2001 for specified purposes, 1.7.2006 for specified purposes) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 50; S.S.I. 2000/361, art. 3(2), sch. pt. II; S.S.I. 2006/232, art. 2(b) (with art. 3)