The Education Workforce Council (Accreditation of Initial Teacher Training) (Wales) Regulations 2017

PART 4 PROCEEDINGS OF COMMITTEES

Rights of persons to attend

10.  The following persons are entitled to attend any meeting of a Committee or an Appeals Committee—

(a) the chief officer or that person’s nominated representative, and

(b) such other persons as the Committee or the Appeals Committee may determine.

Determination of applications by the Committee

11.—(1) Before determining an application for the accreditation of a course or programme of initial school teacher training the Committee must consider all written evidence, representations and other material submitted to it by the applicant as part of the application.

(2) The Committee may allow an applicant to make oral representations to it.

(3) The Committee may determine to—

(a) accredit the course or programme of initial school teacher training;

(b) not accredit the course or programme of initial school teacher training; or

(c) accredit the course or programme of initial school teacher training subject to such conditions as the Committee considers appropriate.

(4) The Committee may accredit a course or programme of initial school teacher training under paragraph (3)(a) or (c) for such period as it considers appropriate which may be not less than 1 year and no more than 5 years.

(5) The Committee may—

(a) request the applicant provide such information or other evidence (“the additional information”) as it considers necessary to determine the application; and

(b) postpone its determination of the application until the additional information is provided.

(6) The Committee must give notice in writing to the applicant of its determination under paragraph (3) within 15 working days of that determination.

(7) The notice under paragraph (6) must contain the following information—

(a) the reasons for the determination and, if applicable, the accreditation criteria the applicant has not satisfied,

(b) the fact of the applicant’s right to appeal against the determination,

(c) the person to whom the applicant must give any notice of appeal,

(d) the fact that any notice of appeal must contain the grounds of appeal, and

(e) the last date on which an appeal may be made.

(8) A notice required to be served on a person for the purposes of this regulation must be served in accordance with regulation 15.

Withdrawal of accreditation

12.—(1) The Committee may only determine to withdraw the accreditation of a course or programme of study of initial school teacher training in accordance with the accreditation criteria specified by the Welsh Ministers from time to time.

(2) The Committee must give notice in writing to the provider of its determination under paragraph (1) within 15 working days of that determination.

(3) The notice under paragraph (2) must contain the following information—

(a) the reasons for the determination and in particular the accreditation criteria the provider no longer satisfies,

(b) the fact of the provider’s right to appeal against the determination,

(c) the person to whom the provider must give any notice of appeal,

(d) the fact that any notice of appeal must contain the grounds of appeal, and

(e) the last date on which an appeal may be made.

(4) A notice required to be served on a person for the purposes of this regulation must be served in accordance with regulation 15.

Determination of appeals by the Appeals Committee

13.—(1) Before determining an appeal against a determination of the Committee under regulations 11 or 12, the Appeals Committee must consider all written evidence, representations and other material submitted to it by the applicant as part of the appeal.

(2) If the Appeals Committee determines to allow the appeal it must refer the matter back to the Committee to re-consider the application.

(3) There are to be no further appeals to the Appeals Committee—

(a) if the Appeals Committee determines to reject the appeal; or

(b) if the Committee determines not to accredit the course or programme of initial school teacher training following its re-consideration of the application pursuant to paragraph (2).

(4) Any person who was a member of the Committee that considered the accreditation application and which is the subject of the appeal may not be a member of the Committee to re-consider the application.

(5) The Appeals Committee must give notice in writing to the applicant of its determination within 20 working days of that determination.

(6) The notice under paragraph (5) must set out the reasons for the determination.

(7) A notice required to be served on a person for the purposes of this regulation must be served in accordance with regulation 15.

Proceedings of the Committee and Appeals Committee

14.—(1) Subject to these Regulations the Council may make such provision as it sees fit as to the procedure of the Committee and the Appeals Committee.

(2) The proceedings of a Committee or Appeals Committee are not invalidated by—

(a) any vacancy among their number; or

(b) any defect in the appointment of any member of the Committee or Appeals Committee.

(3) The quorum for a meeting of the Committee or Appeals Committee and for any vote on any matter at such a meeting is 3.

(4) Every question to be decided at a meeting of the Committee or Appeals Committee is to be determined by a majority of the votes of the members of the Committee or Appeals Committee (as appropriate) present and voting on the question.

(5) Where there is an equal division of votes the person who is acting as chair of the Committee or Appeals Committee for the purposes of the meeting has a second or casting vote.

Service of notice

15.—(1) A notice required to be served on a person (“P”) under these Regulations may be served by—

(a) delivery to P personally;

(b) post to the address notified by P to the Council; or

(c) electronic mail, where P so requests it.

(2) A notice served in accordance with this regulation is deemed to have been served—

(a) in the case of service under paragraph (1)(a) on the day it was delivered;

(b) in the case of service under paragraph (1)(b) the next working day; and

(c) in the case of service under paragraph (1)(c) on the day it was sent.