Statutory Instruments
EDUCATION, ENGLAND AND WALES
Made
16th June 1999
Coming into force
30th June 1999
In exercise of the powers conferred on the Secretary of State by sections 1(5) and (7) and 42(6) and (7) of, and paragraph 3 of Schedule 1 to, the Teaching and Higher Education Act 1998(1), the Secretary of State for Education and Employment hereby makes the following Regulations, a draft of which has been laid before, and approved by, each House of Parliament:
1. These Regulations may be cited as the General Teaching Council for England (Constitution) Regulations 1999 and shall come into force on the fourteenth day after the day on which they were made.
2.—(1) In these Regulations–
“the 1988 Act” means the Education Reform Act 1988(2);
“the 1996 Act” means the Education Act 1996(3);
“the 1998 Act” means the Teaching and Higher Education Act 1998;
“the Council” means the General Teaching Council for England;
“junior pupil” means a child who has not attained the age of 12;
“members” means members of the General Teaching Council for England;
“primary school” has the meaning assigned to it by section 5(1) of the 1996 Act, save that it does not include a special school;
“secondary school” has the meaning assigned to it by section 5(2) of the 1996 Act, save that it does not include a special school;
“senior pupil” means a person who has attained the age of 12;
“special educational needs” has the meaning assigned to it by section 312(1) of the 1996 Act; and
“special school” has the meaning assigned to it by section 337 of the 1996 Act(4).
(2) In these Regulations “teacher” means–
(a)on and after the date of establishment of a register of teachers under section 3 of the 1998 Act, a registered teacher; and
(b)before that date a qualified teacher within the meaning of section 218(2) of the 1988 Act(5).
(3) In these Regulations a reference to a regulation is a reference to a regulation contained herein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
3. The Council shall consist of 63 members comprising elected members elected in accordance with regulations 4 and 6 and appointed members appointed in accordance with regulations 7 to 9.
4. The elected members shall comprise–
(a)eleven teachers of senior pupils;
(b)eleven teachers of junior pupils;
(c)one head teacher of a secondary school;
(d)one head teacher of a primary school; and
(e)one teacher at a special school.
5.—(1) No person shall be eligible for election under regulation 4 or for appointment under regulation 7 or to fill a vacancy among members elected under regulation 4 or appointed under regulation 7 unless–
(a)he is employed or engaged to provide his services as a teacher at the date of his election or appointment to the Council or he has been so employed or engaged within one year preceding that date; and
(b)he has been employed or engaged to provide his services as a teacher for an aggregate period of two years or more in the five years preceding his election or appointment to the Council.
(2) No person shall be eligible for election under regulation 4, for appointment under regulation 7, 8, 9 or 11, or to vote in an election for elected members under a scheme made under regulation 6 at any time when–
(a)his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Act(6);
(b)he is subject to a disciplinary order under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;
(c)he is disqualified from being employed as a teacher in any school by virtue of an order made–
(i)by an Independent Schools Tribunal under section 470 of the 1996 Act, or
(ii)by the Secretary of State under section 471 of the 1996 Act; or
(d)he is ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or of Northern Ireland.
6.—(1) The election of elected members before the establishment of the Council shall be conducted in accordance with an electoral scheme made by the Secretary of State.
(2) Subject to paragraph (1) the election of elected members shall be conducted in accordance with an electoral scheme set out in rules made by the Council with the approval of the Secretary of State.
(3) An electoral scheme under paragraph (1) may be amended or revoked by a subsequent scheme of the Secretary of State and an electoral scheme under paragraph (2) may be amended or revoked by a subsequent scheme of the Council with the approval of the Secretary of State.
(4) An electoral scheme under paragraph (1) or (2) shall include provision for–
(a)the appointment of a returning officer and other staff in connection with the holding of elections;
(b)the making up of a roll of teacher electors in England showing the proposed category of elected member for which each is entitled to vote;
(c)the determination of the category of elected member for which each elector is entitled to vote;
(d)the giving of notice of holding of the elections;
(e)the nomination of candidates; and
(f)any other matter related to the holding of the elections.
(5) Elections shall be held every four years.
7. Nine members shall be appointed as follows–
(a)two members by the Association of Teachers and Lecturers;
(b)two members by the National Association of Schoolmasters Union of Women Teachers;
(c)two members by the National Union of Teachers;
(d)one member by the National Association of Head Teachers;
(e)one member by the Professional Association of Teachers; and
(f)one member by the Secondary Heads Association.
8. 16 members shall be appointed as follows–
(a)three members by the Local Government Association;
(b)one member by the Association of Chief Education Officers;
(c)one member by the Association of Colleges;
(d)one member by the Catholic Education Service;
(e)one member by the Church of England Board of Education;
(f)one member by the Commission for Racial Equality;
(g)one member by the Committee of Vice-Chancellors and Principals of the Universities of the United Kingdom;
(h)one member by the Confederation of British Industry;
(i)one member by the Equal Opportunities Commission;
(j)one member by the Independent Schools Council;
(k)one member by the National Children’s Bureau;
(l)one member by the National Governors' Council;
(m)one member by the Standing Conference of Principals Ltd.; and
(n)one member by the Universities Council for the Education of Teachers.
9.—(1) 13 members shall be appointed by the Secretary of State.
(2) In making appointments under paragraph (1) the Secretary of State shall ensure that two or more of those members represent the interests of parents of pupils.
(3) In making appointments under paragraph (1) the Secretary of State shall have regard to the desirability of the Council’s membership including persons who have experience in relation to teaching persons with special educational needs.
(4) In making appointments under paragraph (1) the Secretary of State shall have regard to the desirability of the Council’s membership reflecting the interests of the general public.
10.—(1) Subject to paragraph (2), the term of office of a member is four years.
(2) The term of office of a member appointed by the Secretary of State under regulation 9 is two, three, four or five years as specified by the Secretary of State when making the appointment.
(3) A member may resign at any time by giving notice in writing addressed to the chief officer of the Council.
(4) A member may be removed from office by a majority vote of other members if without good cause–
(a)he has been absent from three consecutive Council meetings; or
(b)he has been absent from meetings for a period of six months or more starting with the date on which he last attended a Council meeting,
provided that he has been given the opportunity to be heard at the meeting at which the vote is taken.
(5) A member shall cease to hold office if–
(a)his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Act;
(b)a disciplinary order is made in respect of him under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;
(c)he is disqualified from being employed as a teacher in any school by virtue of an order made–
(i)by an Independent Schools Tribunal under section 470 of the 1996 Act, or
(ii)by the Secretary of State under section 471 of the 1996 Act; or
(d)he becomes ineligible for registration as a teacher, or he is disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or of Northern Ireland.
(6) After their establishment the Council may make rules prescribing further grounds on which a member may be removed from office and the procedure for removal, and rules made under this paragraph may be amended or revoked by subsequent rules.
11.—(1) Where a vacancy occurs among members otherwise than by the expiry of a member’s term of office–
(a)if the vacancy is among the elected members, the vacancy shall be filled by the person receiving the next highest number of votes in the election of the member who has vacated office, and if no such person is available the Council shall fill the vacancy by co-opting a person of like electoral qualifications as the member who has vacated office; and
(b)if the vacancy is among the appointed members, the body or person who appointed the member who has vacated office shall appoint another person to fill it.
(2) A person appointed under paragraph (1)(a) or (b) to fill a vacancy holds office until the date on which the term of office of the member whose vacancy he fills would have expired.
(3) For the purposes of paragraph (1)(a) a person appointed as a replacement for an elected member shall be treated as an elected member.
12.—(1) The members of the Council shall elect a chairman from amongst their number.
(2) The chairman
(a)may resign as chairman by giving notice in writing addressed to the chief officer of the Council; and
(b)may be removed as chairman by a two-thirds majority vote of the other members.
(3) After the Council have been established, the Council may make further rules with respect to the election of the chairman and as to the period for which he holds office, and rules made under this paragraph may be amended or revoked by subsequent rules.
Charles Clarke
Parliamentary Under Secretary of State,
Department for Education and Employment
16th June 1999
(This note is not part of the Regulations)
These Regulations provide for the composition of the membership of the General Teaching Council for England. The Council will consist of 25 elected teacher members, 9 teachers appointed by organisations representing teachers, 16 members appointed by other bodies representing different interests in the education field, and 13 members appointed by the Secretary of State of whom at least two must represent parents' interests.
Elections of elected members will take place every four years. The initial elections are to be organised in accordance with an electoral scheme of the Secretary of State. Subsequent elections will be organised by the Council. Appointments other than appointments by the Secretary of State will be for a term of four years. The Secretary of State may appoint members for a term of two, three, four or five years.
The Regulations also make provision for the election of a chairman, the vacation of office by members and by the chairman in certain circumstances, and the filling of vacancies among members.
1998 c. 30; for the meaning of “prescribed” and “regulations” see section 43(1).
Section 337 is prospectively amended by paragraph 80 of Schedule 30 to the School Standards and Framework Act 1998.
The regulations currently in force under subsection (2) are the Education (Teachers) Regulations 1993 (S.I. 1993/543) amended by S.I. 1994/222, 1995/2594, 1997/368 and 2679 and 1998/1584.
Section 218(6) was amended by section 290(3) of the Education Act 1993 (c. 35) and the amendment continues to have effect by virtue of paragraph 76(1)(b) of Schedule 37 to the Education Act 1996. The current regulations are the Education (Teachers) Regulations 1993 (S.I. 1993/543): the relevant amending instrument is S.I. 1995/2594.