Welsh Statutory Instruments
EDUCATION, WALES
Made
16 May 2006
Coming into force
31 May 2006
In exercise of the powers conferred on the Secretary of State by sections 3(3D) 4(2)(ba) and (d), 4A, 14(3) and 42(6) and (7) of the Teaching and Higher Education Act 1998(1) and now vested in the National Assembly for Wales(2), and having consulted the General Teaching Council for Wales in accordance with section 42(9) of the Teaching and Higher Education Act 1998, the National Assembly for Wales makes the following Regulations:
1. These Regulations are called the General Teaching Council for Wales (Functions) (Amendment) Regulations 2006 and come into force on 31 May 2006.
2. The General Teaching Council for Wales (Functions) Regulations 2000(3)are amended as follows–
(a)in regulation 2, for the definition of “appropriate body”substitute the following–
““appropriate body” (“corff priodol”) has the same meaning as in the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005(4);”;
(b)after regulation 4 insert the following regulations–
4A.—(1) Any person in respect of whom the General Teaching Council for England have refused an application for registration on the ground that they were not satisfied as to his or her suitability to be a teacher under section 3(3B) of the 1998 Act(5)must not be taken to be suitable to be a teacher by the Council.
(2) Any person whom the General Teaching Council for England have registered and in respect of whom they were, at the time of registration, satisfied as to his or her suitability to be a teacher under section 3(3B) of the 1998 Act must be taken to be suitable to be a teacher by the Council.
4B.—(1) The Council must serve on an applicant for registration notice of its decision to grant or refuse the application.
(2) In the case of a refusal to register, the notice served under paragraph (1) must specify the grounds on which the decision was taken, and where the refusal was on the ground that the Council were not satisfied of the applicant’s suitability to be a teacher it must notify the applicant of his or her right to appeal to the High Court against the decision made, and the time period for making such an appeal.
4C. Any person aggrieved by a decision to refuse an application for registration which was made in relation to him or her on the ground that the Council were not satisfied of the applicant’s suitability to be a teacher has the right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him or her.
4D.—(1) A notice required to be served on a person under regulation 4B may be–
(i)delivered to that person personally; or
(ii)sent to that person by post to the address notified by the person to the Council; or
(iii)where that person requests in writing that documents be served on him or her by such method, sent to him or her by facsimile or electronic mail or similar means which are capable of producing a document containing the text of the communication, in which case the document is to be regarded as sent when it is received by that person in a legible form.
(2) For the purposes of regulation 4C notice of the Council’s decision is to be taken to have been served on the person in relation to whom it was made–
(i)where it was delivered to that person personally, on the day of delivery;
(ii)where it was sent to that person to the address notified by the person to the Council by a postal service which seeks to deliver documents by post no later than the next working day in all or the majority of cases, or left at that address, on the second day after the day on which it was sent or left;
(iii)where it was sent to that person to the address notified by the person to the Council by a postal service other than one which seeks to deliver documents by post no later than the next working day in all or the majority of cases, on the fourth day after the day on which it was sent; or
(iv)where service has been effected in accordance with a request under paragraph (1)(iii), on the second day after the day on which it was sent.”; and
(c)in Schedule 1, before paragraph 1 insert–
“(A1) Where the person is registered on or after 31.May 2006, the date of registration.”;
(d)in Schedule 2, insert at the end of paragraph 1 the words “and, if the teacher is registered, the date of registration”; and
(e)after paragraph 11 of Schedule 2 insert the following paragraph–
“11A. Where a person is found to be ineligible for registration pursuant to section 3(3B) of the 1998 Act, that fact and, where that information is provided to the General Teaching Council for Scotland or the General Teaching Council for Northern Ireland (but not otherwise), particulars of the grounds on which the decision to refuse the person’s application for registration was taken.”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)
D. Elis-Thomas
The Presiding Officer of the National Assembly
16 May 2006
(This note is not part of the Regulations)
The Education Act 2002 introduces a requirement for the General Teaching Council for Wales (“the Council”) to determine whether or not an applicant for registration with the Council is suitable to be a teacher.
These Regulations make amendments to the General Teaching Council for Wales (Functions) Regulations 2000 (“the 2000 Regulations”) which are mainly consequential on this new requirement. They make provision for the application by the Council of decisions made by the General Teaching Council for England in relation to a person’s suitability to be a teacher. They require the Council to send to all applicants for registration a notice with its decision as to whether or not to register the applicant. If the Council refuses to register an applicant, the notice will explain the grounds for the decision and the right of appeal. The amendments confer a right of appeal to the High Court on any person who has been refused registration on the grounds of suitability. The amendments also provide for information about suitability decisions to be provided to employers and to the General Teaching Councils for Scotland and Northern Ireland. The information will include where the person is registered, the date of registration (which will be the date on which the Council decided that the person was suitable to be a teacher), where the Council decide that the person was not suitable, that fact, and where the information is provided to the Scottish or Northern Ireland General Teaching Council, particulars of the grounds on which that decision was based.
The amendment of regulation 2 of the 2000 Regulations (by regulation 2(a)) simply updates the reference to the regulations defining “appropriate body”which are now the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005.
1998 c. 30. Sections 2 to 7 apply in relation to the General Teaching Council for Wales by virtue of section 9. Sections 3(3D), 4 (2)(ba) and 4A were inserted by paragraphs 3(5), 4(2) and 5 respectively of Schedule 12 to the Education Act 2002 (c. 32). Section 4(3) was amended by paragraph 77 of Schedule 21 to the Education Act 2002 (c. 32). For the meaning of "prescribed" and "regulations" see section 43(1).
See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 211 of the Education Act 2002 (c. 32).
S.I. 2000/1979 (W.140) as amended by SI 2001/2496 (W.200) S.I. 2004/1741 and S.I. 2005/69.
Section 3(3B) of the 1998 Act was inserted by paragraph 3(5) of the Education Act 2002 (c. 32).