The General Teaching Council for Wales (Disciplinary Functions) (Amendment No. 2) Regulations 2009

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”) and revoke an amendment made to the 2001 Regulations by the General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2009.

The 2001 Regulations make provision about the disciplinary functions of the General Teaching Council for Wales.

The effect of the amendment and revocation is that the functions of an Investigating Committee of the General Teaching Council for Wales are excluded if the Welsh Ministers or the Secretary of State wish to consider a case with a view to exercising powers under section 142 of the Education Act 2002, or if the Independent Barring Board have included or want to consider including the teacher in the barred lists maintained under the Safeguarding Vulnerable Groups Act 2006.

Although the barring scheme under the Safeguarding Vulnerable Groups Act 2006 replaces the system of giving directions under section 142 of the Education Act 2002, the reference to that system is retained as it is necessary to exclude an Investigating Committee’s functions in relation to cases that are being considered under section 142 of the Education Act 2002 but have not been concluded on 12 October 2009.