Teaching and Higher Education Act 1998

1 The General Teaching Council for England. E+W

(1) There shall be a body corporate which, subject to subsection (10), shall be known as the General Teaching Council for England (in this Act referred to as “the Council”).

(2) The principal aims of the Council in exercising their functions are—

(a) to contribute to improving the standards of teaching and the quality of learning, and

(b) to maintain and improve standards of professional conduct amongst teachers,

in the interests of the public.

(3) The functions conferred on the Council by or under this Chapter—

(a) are exercisable by them in relation to both England and Wales at any time before the date specified in an order under section 8(1) (establishment of General Teaching Council for Wales); and

(b) are exercisable by them in relation to England only at any time on or after that date.

(4) In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the M1 Disability Discrimination Act 1995.

(5) The Council shall be constituted in accordance with regulations made by the Secretary of State; and regulations under this subsection may authorise the Council to make rules with respect to such matters relating to their constitution as may be specified in the regulations.

(6) In exercising his power to make regulations under subsection (5), the Secretary of State shall have regard to the desirability of the Council’s membership reflecting the interests of—

(a) teachers,

(b) employers of teachers,

(c) providers of teacher training,

(d) persons concerned with the teaching of persons with special educational needs,

(e) religious bodies involved in the provision of education,

(f) parents of pupils,

(g) commerce and industry, and

(h) the general public,

and such other interests as in the opinion of the Secretary of State will enable the Council to carry out their functions more effectively.

(7) Regulations under subsection (5) must be framed so as to secure that a majority of the members of the Council are registered teachers who—

(a) either are for the time being employed or otherwise engaged to provide their services as teachers or have had such recent employment or engagement as teachers as may be prescribed; and

(b) satisfy such other criteria as to eligibility for appointment or election to the Council as may be prescribed.

[F1 (8) In relation to appointments made or elections held before a register is established under section 3, the reference in subsection (7) to registered teachers is a reference to qualified teachers within the meaning of section 218(2) of the M2 Education Reform Act 1988.]

(9) Schedule 1 to this Act has effect in relation to the Council.

(10) At any time before the date mentioned in subsection (3)(a), the Council shall be known as the General Teaching Council for England and Wales; and—

(a) in relation to any time before that date, references to the Council in any enactment shall accordingly be construed as references to the General Teaching Council for England and Wales, and

(b) any reference to the Council by that name in an instrument or document made before that date shall be construed on or after that date as a reference to the General Teaching Council for England.

Textual Amendments

F1 S. 1(8) repealed (19.12.2002 for W. and otherwiseprosp.) by 2002 c. 32, ss. 215, 216, Sch. 21 para. 74, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. I

Modifications etc. (not altering text)

C1 S. 1(2)(4)-(9) applied (with modifications) (30.12.1998) by S.I. 1998/2911, art. 3 (as amended (31.3.2003) by 2002/2940, art. 2)

Commencement Information

I1 S. 1 wholly in force at 1.9.2000; s. 1 not in force at Royal Assent see s. 46(4); s. 1(1) in force for specified purposes and s. 1(2)-(10) wholly in force at 1.10.1998 by S.I. 1998/2215, art. 2; s. 1(1) in force at 1.9.2000 in so far as not already in force by S.I. 2000/970, art. 3

Marginal Citations

M1 1995 c. 50.

M2 1988 c. 40.