Teaching Council Act 2001

PART I Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Teaching Council Act, 2001.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes or provisions.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

F1["Act of 1998" means theEducation Act 1998;]

F2["Act of 2012" means theNational Vetting Bureau (Children and Vulnerable Persons) Act 2012;]

F3["Act of 2015" means the Teaching Council (Amendment) Act 2015;]

F1["centre for education" has the same meaning as it has in the Act of 1998;]

"chairperson" means the chairperson of the Council elected under paragraph 6 of Schedule 1 and includes the deputy chairperson and a member of the Council appointed under paragraph 11(c) of that Schedule to preside at a meeting, while so presiding;

F3["child" has the same meaning as it has in the Act of 2012;]

“committee” means a committee established under section 24;

F1["complainant" means a person (including the Council) who makes a complaint undersubsection (1)orsubsection (1D), as the case may be, ofsection 42;]

“Council” means the Teaching Council established under section 5;

F1["delivery of home tuition" shall be construed in accordance withsubsection (1A)(inserted bysection 2(b) of the Act of 2015);]

“Director” means the chief executive officer of the Council appointed under section 11;

“Disciplinary Committee” means the committee established under section 24(2)(b)(ii);

“establishment day” means the day appointed by the Minister under section 3 to be the establishment day for the purposes of this Act;

“Executive Committee” means the committee established under section 24(2)(a);

“first Director” means a person appointed under section 12 to be the first Director of the Council;

F4["Garda Central Vetting Unit" has the same meaning as it has in the Act of 2012;

"GCVU disclosure" means vetting information in respect of a person received from the Garda Central Vetting Unit before the commencement of the Act of 2012;]

F1["harm" has the same meaning as it has in the Act of 2012;]

“Investigating Committee” means the committee established under section 24(2)(b)(i);

“Minister” means the Minister for Education and Science;

“national association of parents” has the same meaning as in the Education Act, 1998;

F5["panel" means a panel of the Disciplinary Committee established under section 43(3);]

F1["poor professional performance" means, in relation to a registered teacher, a failure by the registered teacher to meet the standards of competence (whether in knowledge, skill or the application of knowledge and skill or both) that can be reasonably expected of a registered teacher;]

“prescribed” means prescribed by regulations made by the Minister or the Council, as the case may be;

F6[…]

“recognised post-primary school” means a recognised school which provides post-primary education to its students and which may also provide courses in adult, continuing or vocational education or vocational training;

“recognised primary school” means a recognised school which provides primary education to its students and which may also provide early childhood education;

“recognised school” means a school which is recognised by the Minister in accordance with section 10 of the Education Act, 1998;

“recognised school management organisations” has the same meaning as in the Education Act, 1998;

“recognised trade union” means a trade union licensed under the Trade Union Acts, 1871 to 1990, that stands recognised for consultation purposes;

“register” means the register of teachers established under section 29 and “registration” and “registered” shall be construed accordingly;

“registered teacher” means a teacher whose name is entered in the register in accordance with Part 3;

“Registration Council” means the Registration Council constituted under section 1 of the Intermediate Education (Ireland) Act, 1914;

F7["relevant organisation" has the same meaning as it has in the Act of 2012;]

“renewal fee” means a fee charged under section 23(2)(d) or (e);

F8["specified information" has the same meaning as it has in the Act of 2012;]

“teacher” means a person who—

(a) before the establishment day has achieved the qualifications required by the Minister for employment as a teacher in a recognised school, or

(b) in the case of a person to whom paragraph (a) does not apply, is eligible for registration under section 31(5).

F9["vetting disclosure" has the same meaning as it has in the Act of 2012;

"vetting procedures" has the same meaning as it has in the Act of 2012;

"vulnerable person" has the same meaning as it has in the Act of 2012.]

F10[(1A) In this Act, a reference to the delivery of home tuition is a reference to any work or activity consisting of the provision of home tuition by a person pursuant to a scheme administered and funded by the Department of Education and Skills and known as the Home Tuition Scheme.]

(2) In this Act—

(a) a reference to a Part, section or Schedule is a reference to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection, paragraph, subparagraph or clause is a reference to the subsection, paragraph, subparagraph or clause of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, by or under any other enactment, including this Act, and

(d) a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

3. Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

4. Regulations and orders.

4.—(1) The Minister or, subject to the consent of the Minister, the Council, may make regulations prescribing any matter which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purposes of enabling any provision of this Act to have full effect.

(2) Every regulation or order made by the Minister (other than an order made under section 1(2), 3, 8(3) or (5) or 16(7)) and rules made by the Council under paragraph 2 of Schedule 3 shall be laid before each House of the Oireachtas as soon as practicable after they are made and, if a resolution annulling the regulation, order or rules is passed by either House within the next subsequent 21 days on which that House has sat after the regulation, order or rules are laid before it, the regulation, order or rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) Regulations made under this Act may—

(a) include such consequential, incidental, transitional or supplementary provisions as may be considered by the Minister or the Council, as the case may be, to be necessary or appropriate for the purposes of this Act, and

(b) apply, either generally or by reference, to a specified class or classes of persons or category or categories of recognised school or to any other matter as may be considered by the Minister or the Council to be appropriate.

PART 2 The Teaching Council

Chapter 1

5. Establishment of Teaching Council.

5.—(1) There shall stand established on the establishment day a body to be known as An Chomhairle Mhúinteoireachta or, in the English language, the Teaching Council, which shall perform the functions conferred on it by or under this Act.

(2) The Council shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and, with the consent of the Minister (given with the approval of the Minister for Finance), to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(3) The Council may, subject to this Act, regulate its own procedure.

(4) Schedule 1 shall apply to the Council.

6. Objects of Council.

6.—The objects of the Council shall be—

(a) to regulate the teaching profession and the professional conduct of teachers,

(b) to establish and promote the maintenance and improvement of standards of—

(i) programmes of teacher education and training,

(ii) teaching, knowledge, skill and competence of teachers in recognised primary and post-primary schools, and

(iii) professional conduct of teachers,

and

(c) to promote the continuing education and training and professional development of teachers.

7. Functions of Council.

7.—(1) The functions of the Council shall be to do all things necessary or expedient in accordance with this Act to further the objects of the Council.

(2) Without prejudice to the generality of subsection (1), the Council shall perform the following functions:

(a) promote teaching as a profession;

(b) establish, publish, review and maintain codes of professional conduct for teachers, which shall include standards of teaching, knowledge, skill and competence;

F11[(ba) obtain or receive vetting disclosures for the purposes set out in this Act, for the purpose of its role as a relevant organisation or for the purpose of its role as a relevant organisation representing another relevant organisation for the purposes of the vetting procedures under the Act of 2012;]

(c) establish and maintain a register of teachers;

(d) determine, from time to time, the education and training and qualifications required for a person to be registered;

(e) establish procedures and criteria for registration including the issue of certificates and renewal of registration;

(f) establish procedures in relation to the induction of teachers into the teaching profession;

(g) establish procedures and criteria for probation of teachers including periods of probation;

(h) advise the Minister in relation to all or any of the following:

(i) the minimum standards of educational qualifications required for entry into programmes of teacher education and training;

(ii) the professional development of teachers;

(iii) teacher supply;

(iv) any other matter relating to the functions of the Council as the Council considers appropriate or as requested by the Minister;

(i) conduct inquiries into and, where appropriate, impose sanctions in relation to, the fitness to teach of any registered teacher;

(j) conduct or commission research on matters relevant to the objects of the Council and, as it considers appropriate, to publish in such form and manner as the Council thinks fit the findings arising out of such research;

(k) represent the teaching profession on educational issues and establish procedures for the exchange of information with teachers, organisations involved in education and the public;

(l) provide the Minister with such information as the Minister may from time to time require;

(m) review and accredit programmes of teacher education and training for the purpose of registration;

F12[(n) act as a competent authority within the meaning of Regulation 2(1) of the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008 (S.I. No. 139 of 2008);]

(o) act as the competent authority for the recognition of qualifications, obtained in a state other than a Member State of the European Communities, by a person who has applied under this Act to be registered;

(p) as the Minister may direct, co-operate with such body as may be established in Northern Ireland, which performs similar functions to the Council, in relation to teacher qualifications and teacher exchanges between the State and Northern Ireland.

(3) The Council in the performance of its functions shall—

(a) implement the policies relating to teacher education and training, probation, qualification, professional conduct and standards of teaching as established, from time to time, by the Minister,

(b) have regard to the implications of its advice to the Minister under subsection (2)(h) for the resources, including financial resources, available and to the practical implementation of any such F12[advice,]

(c) as the Minister may direct, co-operate with the body referred to in subsection (2)(p) in relation to those matters which are within the respective competence of such body and the Council and which such body and the Council agree are of mutual interest and benefit to the teaching profession in the State and F12[Northern Ireland, and]

F11[(d) have regard to the need to protect children and vulnerable persons.]

8. Membership of Council.

8.—(1) The Council shall consist of 37 members.

(2) The members of the Council shall be appointed by the Minister and shall include—

(a) 11 registered teachers employed in, or qualified to teach in, recognised primary schools of whom—

(i) 9 shall be elected by registered teachers employed in, or qualified to teach in, recognised primary schools, and

(ii) 2 shall be nominated by recognised trade unions representing such teachers,

(b) 11 registered teachers employed in, or qualified to teach in, recognised post-primary schools of whom—

(i) 7 shall be elected by registered teachers employed in, or qualified to teach in, recognised post-primary schools, and

(ii) 4 shall be nominated by recognised trade unions representing such teachers,

(c) 2 persons nominated jointly by the following bodies:

(i) St. Patrick's College, Drumcondra, Dublin;

(ii) Church of Ireland College of Education, Rathmines, Dublin;

F13[(iii) Marino Institute of Education;]

F13[(iv) National University of Ireland, Maynooth;]

(v) Mary Immaculate College, University of Limerick,

F14[(vi) Hibernia College, 2 Clare Street, Dublin 2,]

F13[(d) 2 persons nominated jointly by the following bodies:

(i) National College of Art and Design;

(ii) National University of Ireland, Cork;

(iii) National University of Ireland, Dublin;

(iv) National University of Ireland, Galway;

(v) National University of Ireland, Maynooth;

(vi) Dublin University;

(vii) University of Limerick;

(viii) Dublin City University;

(ix) St. Angela’s College of Education, Sligo;

(x) such other bodies, providing university or other higher education and training, as the Council may determine,]

(e) 4 persons nominated by recognised school management organisations of whom—

(i) 2 shall be nominated by recognised school management organisations representing managers of recognised primary schools, and

(ii) 2 shall be nominated by recognised school management organisations representing managers of recognised post-primary schools,

(f) 2 persons nominated by national associations of parents of whom—

(i) one shall be nominated jointly by those national associations of parents representing parents of students attending recognised primary schools, and

(ii) one shall be nominated jointly by those national associations of parents representing parents of students attending recognised post-primary schools,

and

(g) 5 persons appointed by the Minister, including persons with experience in business, industry or the professions, of whom—

(i) one shall be nominated to the Minister by the Irish Congress of Trade Unions, and

(ii) one shall be nominated to the Minister by the Irish Business and Employers' Confederation.

(3) The Minister may, by order, as he or she considers appropriate, following consultation with the Council, amend subsection (2)(c) or (d) by adding an institution to, or by deleting an institution from, those provisions.

(4) Where the Minister proposes to make an order under subsection (3) or (5), a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft order has been passed by each such House.

(5) The Minister may amend or revoke an order made under this section, including an order made under this subsection.

(6) The Minister shall have regard to the desirability of an appropriate gender balance as he or she may determine, from time to time, when making—

(a) appointments to the Council under this section, or

(b) regulations under section 10(1) for the purpose of the election of members to the Council.

(7) The members of the Council (including the chairperson) may be paid such remuneration and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

9. Appointment of members of Council.

9.—The Minister shall take all steps necessary to secure the appointment of members to the first Council established after the commencement of this Act and the Council shall take all steps necessary to secure the appointment of members to each subsequent Council.

10. Election of members of Council.

10.—(1) (a) In the case of the first election of members to the Council, the Minister may make regulations for the purposes of the following:

(i) the election of members in accordance with paragraphs (a)(i) and (b)(i) of section 8(2);

(ii) to ensure, in so far as it is practicable, that the election of members shall be on as equitable a geographical basis as possible and, for that purpose, to make provision for the determination of constituencies and the number of members from each constituency.

(b) In the case of each subsequent election, the Council, with the approval of the Minister, may make regulations for the purposes referred to in paragraph (a)(i) and (ii).

(2) Without prejudice to the generality of subsection (1), the regulations may specify all or any of the following:

(a) the class or classes of persons who shall be entitled to seek nomination for election to the Council;