45.—(1) Schedule 5 (which makes provision in relation to information supplied to the Council) has effect.
(2) A relevant employer must report to the Council the facts of a case and provide all the information listed in Part 1 of Schedule 5 that is available to the relevant employer in relation to a registered person where that employer—
(a)has ceased to use the services of a registered person on the ground of—
(i)misconduct;
(ii)professional incompetence; or
(iii)conviction of a relevant offence within the meaning of section 27 of the 2014 Act; or
(b)may have ceased to use a registered person’s services on such a ground had the registered person not ceased to provide those services.
(3) The Council must make all information provided to it under this regulation available to—
(a)an Investigating Committee; and
(b)a [F1Fitness to Practise] Committee where it considers that information is relevant to the case referred to it by the employer pursuant to paragraph [F2(2)].
Textual Amendments
F1Words in Regulations substituted (1.3.2024) by The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2024 (S.I. 2024/74), regs. 1(2), 2(2)
F2Word in reg. 45(3)(b) substituted (1.3.2024) by The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2024 (S.I. 2024/74), regs. 1(2), 2(5)
Commencement Information
46.—(1) An agent must report the facts of a case to the Council and provide all the information listed in Part 2 of Schedule 5 that is available to the agent in relation to a registered person where that agent—
(a)has terminated arrangements on the ground of—
(i)misconduct;
(ii)professional incompetence; or
(iii)conviction of a relevant offence within the meaning of section 27 of the 2014 Act;
(b)may have terminated arrangements on such a ground if the registered person had not terminated them; or
(c)may have refrained from making new arrangements for a registered person on such a ground if the registered person had not ceased to make themselves available for work.
(2) The Council must make all information provided to it under this regulation available to—
(a)an Investigating Committee; and
(b)a [F1Fitness to Practise] Committee where it considers that information is relevant to the case referred to it by the employer pursuant to paragraph (1).
Textual Amendments
F1Words in Regulations substituted (1.3.2024) by The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2024 (S.I. 2024/74), regs. 1(2), 2(2)
Commencement Information