The General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003

Welsh Statutory Instruments

2003 No. 503 (W.71)

EDUCATION, WALES

The General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003

Made

4th March 2003

Coming into force

31st March 2003

In exercise of the powers conferred on the Secretary of State by section 42(6) of, and paragraph 9 of Schedule 1 and paragraphs 1(4) and 4 of Schedule 2 to, the Teaching and Higher Education Act 1998(1) and now vested in the National Assembly for Wales(2), and after consulting the General Teaching Council for Wales in accordance with section 42(9) of that Act, the National Assembly for Wales makes the following Regulations:

Name and commencement

1.  These Regulations are called the General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003 and shall come into force on 31st March 2003.

2.  The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001(3) are amended as follows.

3.  Regulation 2 is amended by—

(a) inserting after the definition of “the 1998 Act” in paragraph (1) the following—

““agent” (“asiant”) has the meaning given by section 15A of the 1998 Act(4);” and

(b) substituting for the words “regulations 8 and 28” in paragraph (5) the words “regulation 8”.

4.  Regulation 8 is amended by—

(a) inserting the words “Subject to paragraph (1A)” at the beginning of paragraph (1);

(b) inserting after paragraph (1) the following paragraph:

“(1A) A Committee dealing with a case against a person who is a member of the Council must include one or more lay members and one or more registered teacher members, but must not include a member of the Council.”;

(c) inserting the words “Subject to paragraph (3A)” at the beginning of paragraph (3); and

(d) inserting after paragraph (3) the following paragraph:

“(3A) The quorum for a meeting of a Committee dealing with a case against a person who is a member of the Council shall be three members, including one lay member and one registered teacher member.”.

5.  Regulation 9 is amended by—

(a) substituting for paragraph (1)(b) the following paragraph—

“(b) the National Assembly or the Secretary of State wishes to consider the case with a view to exercising its or his powers under section 142 of the Education Act 2002(5)—

(i) on the grounds that a person is unsuitable to work with children, or

(ii) on grounds relating to a person’s misconduct or health,

because the National Assembly or the Secretary of State considers that the case concerns the safety and welfare of persons aged under 18.”; and

(b) substituting for the words “regulation 28” in paragraph (2) (b) the words “regulations 5 or 7 of the Education (Supply of Information) (Wales) Regulations 2003(6)”.

6.  Regulation 18 is amended by—

(a) substituting for paragraph (3) the following paragraph—

“(3) A suspension order shall, in addition to the items referred to in paragraph (1), specify—

(a) any conditions to be complied with by the teacher before he or she can become eligible again for registration; and

(b) the period (not exceeding two years) at the end of which the teacher becomes eligible again for registration (subject to any conditions being complied with).”;

(b) in paragraph (6), omitting the “and” at the end of sub-paragraph (a)(v) and inserting the following after it—

“(va) where the order is a suspension order which specifies conditions, an explanation of the person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application, and”; and

(c) inserting in paragraph (6)(b) after the words “last employer” the words “and, where relevant, agent”.

7.  After regulation 21 there is inserted the following regulation—

“Application to vary or set aside a condition in a suspension order

21A.— (1) A person in relation to whom a suspension 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) must be made in writing and must specify the grounds on which the person seeks to have any condition specified in the order varied or revoked, and it must be accompanied by every document relied upon in support of the application.

(3) Where a suspension order in respect of which an application is made under paragraph (1) was made by a Professional Conduct Committee, the application must be determined by another Professional Conduct Committee which must not include as a member any person who was a member of the Committee which made the order complained of.

(4) Where a suspension order in respect of which an application is made under paragraph (1) was made by a Professional Competence Committee, the application must be determined by another professional Competence Committee which must not include as a member any person who was a member of the Committee which made the order complained of.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7)

D. Elis-Thomas

The Presiding Officer of the National Assembly

4th March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 ('the 2001 Regulations'). The 2001 Regulations make provision with respect to the disciplinary functions of the General Teaching Council for Wales, a body corporate established under the Teaching and Higher Education Act 1998 with the aims of contributing to improving the standards of teaching and the quality of learning and maintaining and improving the standards of professional conduct amongst teachers in the public interest.

Regulation 8 of the 2001 Regulations is amended so as to provide that the Committee dealing with a case against a Council Member must not include another Council Member and to provide for the quorum for a meeting of such a Committee.

Regulation 9 of the 2001 Regulations is amended so as to refer to the new powers of direction in the Education Act 2002 and so as to refer to the Education (Supply of Information) (Wales) Regulations 2003.

The Education Act 2002 introduces a power for the General Teaching Council for Wales to attach conditions to any suspension orders it makes following disciplinary proceedings against a registered teacher. These Regulations amend the 2001 Regulations so as to require a suspension order to record any conditions to be complied with by a teacher, and to require a Committee to include in the notice of the disciplinary order served on a teacher an explanation of the right to apply to vary or revoke a condition, and how to do so. Provision is also made in relation to the method of application to vary or revoke conditions, and how such applications will be dealt with.

These Regulations also add a supply agency where relevant, to those who are required to be served with a notice of a disciplinary order.

(1)

1998 c. 30. Section 6 and Schedules 1 and 2 apply in relation to the General Teaching Council for Wales by virtue of sections 8 and 9 of the Teaching and Higher Education Act 1998 and the General Teaching Council for Wales Order 1998 (S.I. 1998/2911) with effect from 30th December 1998 in the case of Schedule 1, and 1st September 2000 in the case of the remaining provisions. Paragraph 1(4) of Schedule 2 is amended, and paragraph 4 of Schedule 2 is substituted, by paragraph 86(2) of Schedule 21, and paragraph 12 of Schedule 12, to the Education Act 2002 (c. 32) respectively. For the meaning of “prescribed” and “regulations” see section 43(1).

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 211 of the Education Act 2002.

(3)

S.I. 2001/1424 (W. 99).

(4)

Section 15A was inserted by paragraph 83 of Schedule 21 to the Education Act 2002 (c. 32).

(5)

2002 c. 32.

(6)

S.I. 2003/542 (W.76).

(7)

1998 c. 38.