The General Teaching Council for Wales (Functions) (Amendment) Regulations 2006

Amendment of the General Teaching Council for Wales (Functions) Regulations 2000

2.  The General Teaching Council for Wales (Functions) Regulations 2000(1)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(2);”;

(b) after regulation 4 insert the following regulations–

“Suitability to be a teacher

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(3)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.

Notice of decision

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.

Appeals

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.

Service of Notices

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.”.

(1)

S.I. 2000/1979 (W.140) as amended by SI 2001/2496 (W.200) S.I. 2004/1741 and S.I. 2005/69.

(2)

S.I. 2005/1818 (W.146).

(3)

Section 3(3B) of the 1998 Act was inserted by paragraph 3(5) of the Education Act 2002 (c. 32).