Teaching Council Act 2001

(ii) request the complainant to supply to the Committee, within such reasonable period as is specified in the notice, such additional information as the Committee may reasonably require relating to the matter which is the subject of the complaint;

(iii) require that the information requested under subparagraph (ii) be supplied by the complainant by means of a statutory declaration;

(iv) require the complainant to supply to the Committee, within such reasonable period as is specified in the notice, such documents as the Committee may reasonably require relating to the complaint as are specified in the notice.]

F39[(aa) The Investigating Committee may refuse to consider or further consider a complaint under this section if the complainant, without reasonable excuse, does not comply with a notice underparagraph (a)within the period of time specified in the notice.

(ab) The Investigating Committee may, by notice in writing to the registered teacher who is the subject of a complaint under this section, require the teacher to furnish to the Committee within such reasonable period of time as is specified in the notice, such information or documents relating to the complaint as is specified in the notice.

(ac) A registered teacher shall comply with a notice given to him or her underparagraph (ab).

(ad) The Investigating Committee may, for the purposes of considering a complaint under this section—

(i) require—

(I) any school where the teacher is or was employed as a teacher, or

(II) any other person the Committee has reason to believe holds information that is material to the complaint under consideration,

to provide such information or documents that may reasonably be required by the Committee within such reasonable period of time as is specified in writing by that Committee to the school or other person concerned, and

(ii) obtain such expert advice or assistance as it considers appropriate.

(ae) A school or other person referred to inparagraph (ad)(i)shall comply with the requirement within the period of time specified in writing by the Committee.

(af) The Investigating Committee may, for the purposes of considering a complaint under this section, by notice in writing invite any school where the teacher is or was employed as a teacher to make submissions in writing to the Committee within 21 days of receipt of the notice by the school.]

(b) In the case of alleged medical unfitness, the Council may make regulations which provide for the submission of medical evidence, the making of representations and attendance for medical examination.

F38[(9) Following its inquiry, the Investigating Committee shall—

(a) where it is of the opinion that there is a prima facie case to warrant further action being taken in relation to a complaint, make a decision to refer the complaint, in whole or in part, to the Disciplinary Committee, or

(b) where it is of the opinion that there is no prima facie case to warrant further action being taken in relation to a complaint, make a decision to refuse to refer the complaint to the Disciplinary Committee.]

(10) F38[The Investigating Committee shall, within 21 days of making a decision undersubsection (9)], provide a copy of the decision and, in the case of a decision under paragraph (b), the reasons for the decision, to the following persons—

(a) F38[the complainant],

(b) the registered teacher, and

(c) where the registered teacher is employed as a teacher, his or her employer.

F39[(11) In this section, "document" includes—

(a) a book, record or other printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording.]

43. F42[Inquiry by Disciplinary Committee

43.—(1) The Disciplinary Committee shall hold an inquiry into the fitness to teach of a registered teacher in respect of a complaint referred to it by the Investigating Committee undersection 42(9)(a).

(2) As soon as is practicable after a complaint is referred to it undersection 42(9)(a), the Disciplinary Committee shall cause a notice in writing to be given to—

(a) the registered teacher the subject of the complaint of the following:

(i) the referral of the complaint to the Disciplinary Committee;

(ii) the nature of the matter that is to be the subject of the inquiry, including the particulars of any evidence in support of the complaint;

(iii) the opportunity for the registered teacher to request that the inquiry be held by examination of documents in accordance withsubsection (4);

(iv) if a hearing is being held as part of an inquiry, the opportunity for the registered teacher, or the registered teacher’s representative, to be present and to defend the registered teacher at the hearing;

(v) if a hearing is being held as part of an inquiry, the opportunity for the registered teacher to request that some or all of the hearing be held otherwise than in public if the registered teacher can show reasonable and sufficient cause;

and

(b) if a hearing is being held as part of an inquiry, any witnesses who may be required to give evidence at the hearing (including, where appropriate, the complainant) of the opportunity of the witness to request that some or all of the hearing be held otherwise than in public if the witness can show reasonable and sufficient cause.

(3) For the purpose of an inquiry under this section, the chairperson of the Disciplinary Committee shall appoint, from among the members of the Disciplinary Committee, a panel consisting of not less than 3 and not more than 5 persons, of whom a majority shall be registered teachers andSchedule 3shall apply.

(4) Subject to such rules as may be made underSchedule 3, a panel may, at the request of, or with the consent of, the registered teacher concerned hold an inquiry under this section by an examination of documents and written submissions from the complainant and the registered teacher, including any documents and written submissions considered by the Investigating Committee in relation to the complaint, in place of a hearing.

(5) For the purposes of an inquiry under this section by an examination of documents, the panel shall provide the registered teacher with a notice stating that the registered teacher may make submissions in relation to the inquiry in writing to the panel within such time as may be specified in the notice.

(6) A panel may, at any time after its appointment undersubsection (3)and having considered the complaint the subject of the inquiry, request the registered teacher who is the subject of the complaint to do one or more of the following:

(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;

(b) undertake to attend a specified professional development course, or such other course as the panel considers appropriate;

(c) undertake to comply with such requirements as may be specified for the purposes of improving his or her competence and performance as a registered teacher;

(d) consent to seek the assistance of such services relating to health and welfare as may be specified;

(e) consent to being censured.

(7) Where a registered teacher gives an undertaking or consent in relation to all matters which are the subject of a request from a panel undersubsection (6), the inquiry into the complaint shall be considered to be completed.

(8) Where a registered teacher refuses to give an undertaking or consent in relation to all matters which are the subject of a request from a panel undersubsection (6), the panel shall continue with the inquiry as if the request had not been made.

(9) Where a hearing is being held before a panel as part of an inquiry, the hearing shall be held in public unless—

(a) following a notification undersection 43(2), the registered teacher or a witness who will be required to give evidence at the inquiry or about whom personal matters may be disclosed at the inquiry requests the panel to hold all or part of the hearing otherwise than in public, and

(b) the panel is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(10) The panel shall give notice in writing to the registered teacher the subject of a complaint referred to the Disciplinary Committee of the date, time and place of any hearing of the complaint in sufficient time for the registered teacher to prepare for the hearing.

(11) At the hearing of a complaint before a panel—

(a) the Director, or any other person with leave of the panel, shall present the evidence in support of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

(12) Any member of the panel may administer oaths for the purposes of an inquiry.

(13) Subject to any rules in force underSchedule 3, and to the necessity of observing fair procedures, the panel may receive evidence given—

(a) orally before the committee,

(b) by affidavit, or

(c) as otherwise allowed by those rules, including by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(14) A panel shall, for the purpose of an inquiry under this section, have the powers, rights and privileges vested in the High Court or a judge thereof in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairperson of the panel or by such other member of the panel as may be authorised by the panel for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(15) For the purposes of an inquiry under this section, a panel may, in relation to a vetting disclosure, consider the information and submissions referred to insection 43A.

(16) A witness before a panel shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(17) Following the completion of an inquiry by a panel, the panel shall—

(a) where it makes no finding against the registered teacher in respect of a complaint under any ofparagraphs (a) to (h)ofsubsection (1)ofsection 42, dismiss the complaint,

(b) where an inquiry is completed undersubsection (7)or where the panel makes a finding or findings against the registered teacher in respect of a complaint under any ofparagraphs (a) to (h)ofsubsection (1)ofsection 42, make a report of the inquiry and shall specify in the report—

(i) the nature of the complaint,

(ii) the evidence before the panel,

(iii) where an inquiry is completed undersubsection (7), the measures included in the undertaking or consent,

(iv) where it makes a finding or findings against the registered teacher in respect of a complaint under any ofparagraphs (a) to (h)ofsubsection (1)ofsection 42, the panel’s finding or findings,

(v) where any finding in respect of the registered teacher is in the terms ofsection 42(1)(g),its consideration of whether that finding affects the fitness to teach of the registered teacher, and

(vi) any other matter in relation to the registered teacher which the panel considers appropriate,

(c) where it is satisfied, in respect of a complaint made undersubsection (1D)ofsection 42, having regard to the protection of children and vulnerable persons, that there is a risk that the teacher may harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm, attempt to harm any child or vulnerable person, or incite another person to harm any child or vulnerable person, make a report of the inquiry and shall specify in the report—

(i) the nature of the information disclosed in the vetting disclosure giving rise to the complaint under that subsection,

(ii) the evidence laid before the panel,

(iii) its assessment of the risk concerned, and

(iv) its conclusion in respect of that risk,

or

(d) where it is not satisfied, in respect of a complaint made undersubsection (1D)ofsection 42, having regard to the protection of children and vulnerable persons, that there is a risk that the teacher may harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm, attempt to harm any child or vulnerable person, or incite another person to harm any child or vulnerable person, dismiss the complaint.

(18) Where the panel dismisses a complaint undersubsection (17), the panel shall, as soon as practicable, by notice in writing, inform—

(a) the complainant,

(b) the registered teacher concerned and such other persons as the teacher may request, and

(c) where the teacher is employed as a teacher, his or her employer,

and shall, at the request of the registered teacher concerned, publish a notice to that effect in such form and manner as may be determined by the Council.

(19) In this section, "document" includes—

(a) a book, record or other printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording.]

43A. F43[Use of information in vetting disclosures in inquiry under section 43

43A.—(1) For the purposes of an inquiry undersection 43, a panel may consider—

(a) the information (in so far as that information relates to the conduct which is the subject of the inquiry) contained in a vetting disclosure obtained by the Investigating Committee undersubsection (7A)ofsection 42subject tosubsection (7C)of that section in like manner assubsection (7C)applies to the Investigating Committee, and

(b) submissions (if any) made by the registered teacher concerned undersubsection (7A)(b)ofsection 42to the Investigating Committee.

(2) Where the Investigating Committee did not seek a vetting disclosure in respect of a registered teacher undersection 42(7A)in relation to a complaint and a panel considers that the complaint referred to the Disciplinary Committee by the Investigating Committee undersection 42(9)(a)is of such a nature as to reasonably give rise to a bona fide concern that that teacher may—

(a) harm any child or vulnerable person,

(b) cause any child or vulnerable person to be harmed,

(c) put any child or vulnerable person at risk of harm,

(d) attempt to harm any child or vulnerable person, or

(e) incite another person to harm any child or vulnerable person,

the panel may request the Council to apply to the National Vetting Bureau for a vetting disclosure in respect of that registered teacher.

(3) Where a panel receives a vetting disclosure undersubsection (2)in respect of a registered teacher, it shall provide the registered teacher concerned with a copy of the disclosure and invite that teacher to make submissions in writing to the panel in relation to the disclosure within such time period as is specified in the notice.

(4) A panel shall consider submissions (if any) made by the registered teacher concerned undersubsection (3).

(5) Subject tosubsection (6), a panel may, for the purpose of its inquiry, consider the information contained in a vetting disclosure obtained undersubsection (2)in so far as the information relates to the conduct which is the subject of the complaint.

(6) Where a vetting disclosure obtained by the Council undersubsection (2)in respect of a registered teacher contains specified information and that specified information relates to conduct of the teacher which occurred prior to the coming into operation ofsection 20of the Act of 2015, the panel may not consider that information for the purposes ofsubsection (5)unless the conduct concerned would have constituted a criminal offence at the time the conduct occurred.

(7) For the purposes of an inquiry undersection 43in relation to a complaint made undersubsection (1D)ofsection 42, a panel may consider—

(a) the information contained in a vetting disclosure referred to in that subsection in so far as the information grounds the complaint under, and in accordance with, that subsection, and

(b) submissions (if any) made by the registered teacher concerned undersubsection (7)(a)(ii)ofsection 42in so far as the submissions relate to that vetting disclosure.

(8) For the purposes of an inquiry undersection 43in relation to a complaint made undersubsection (1)(g)to whichsubsection (1E)applies, a panel may consider—

(a) the information contained in a vetting disclosure referred to insubsection (1E)in so far as the information grounds the complaint undersubsection (1)(g), and

(b) submissions (if any) made by the registered teacher concerned undersubsection (7)(a)(ii)ofsection 42in so far as the submissions relate to that vetting disclosure.]

43B. F44[Offences - panel inquiry

43B.—(1) A person commits an offence where he or she—

(a) on being summoned to attend before a panel for the purpose of an inquiry undersection 43, fails to attend,

(b) in attendance as a witness before a panel undersection 43, refuses—

(i) to take an oath lawfully required by the panel to be taken,

(ii) to produce any document in his or her power or control lawfully required by the panel to be produced by him or her, or

(iii) to answer any question to which the panel may lawfully require an answer,

or

(c) in attendance before a panel, does anything which, if the panel were a court of law having power to commit for contempt, would be contempt of court.

(2) A person who commits an offence undersubsection (1)shall be liable on summary conviction to a class C fine.]

43C. F45[Withdrawal of complaint

43C.—Where a complaint is withdrawn by the complainant—

(a) while it is being considered by the Investigating Committee, the Committee may, with the agreement of the Council—

(i) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(ii) proceed as if the complaint had not been withdrawn,

or

(b) while it is being considered by a panel, the panel may, with the agreement of the Council—

(i) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(ii) proceed as if the complaint had not been withdrawn.]

44. Removal or suspension from register or retention subject to conditions.

44.—F46[(1) Subject tosubsection (1A), the panel may, having completed its report underparagraph (b)orparagraph (c)(as the case may be) ofsubsection (17)ofsection 43, make a decision—

(a) that the registered teacher be removed from the register and that he or she is not eligible to apply to be restored to the register undersection 31before the expiration of such period, beginning with the date of removal, as may be specified by the panel in the decision,

(b) that the registered teacher be suspended from the register for the period specified by the panel which period shall not exceed 2 years,

(c) that the registered teacher be retained on the register subject to all or any of the following conditions:

(i) that the teacher seek the assistance of such service relating to teacher health and welfare as may be available;

(ii) that the teacher attend a specified professional development course, or such other course as the panel considers appropriate;

(iii) the period within which the teacher shall comply with the conditions of the retention on the register;

(iv) such other conditions as the panel thinks fit,

(d) to advise, admonish or censure the registered teacher in writing.]

F47[(1A) If the report referred to insubsection (1)contains the measures included in a consent or undertaking in accordance withsection 43(17)(b)(iii), then the panel shall make a decision to confirm those measures.]

(2) F46[The Disciplinary Committee shall], by notice in writing, within 21 days of the making of the decision provide a copy of the decision and the reasons for the decision to—

(a) F46[the complainant],

(b) the registered teacher,

(c) where the registered teacher is employed as a teacher, his or her employer, and

(d) the Minister.

(3) F46[A registered teacher may, within 21 days of the date of service of a notice undersubsection (2), apply to the High Court for annulment of the decision (other than a decision to advise, admonish or censure undersubsection (1)(d)or a decision undersubsection (1A))] and the Court, on hearing the application, may—

(a) annul the decision,

(b) confirm the decision and as the Court considers appropriate—

(i) direct the Council to remove the registered teacher from the register,

(ii) direct that during a specified period (which period shall commence not earlier than 7 days after the date of the decision of the Court and shall not exceed 2 years) registration shall be suspended, or

(iii) direct the Council to retain the registration subject to such conditions (if any) as the Court considers appropriate,

(c) vary the decision F48[…], or

(d) give such other directions to the Council as the Court considers appropriate.

and the Court may make such order as to costs as it considers appropriate.

(4) If at any time the Council satisfies the High Court that the registered teacher has delayed unduly in proceeding with an application under subsection (3), the Court shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(5) F46[Where a registered teacher does not apply to the High Court undersubsection (3)for annulment of the decision (other than a decision to advise, admonish or censure undersubsection (1)(d)or a decision undersubsection (1A))], the Council shall, within 21 days of the expiry of the period for making an application under that subsection, or such further period as the High Court considers just and equitable in the circumstances, apply ex parte to the High Court for confirmation of the decision and, where the Council so applies, the Court, on the hearing of the application shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(6) The decision of the High Court on an application under this section shall be final save that, by leave of the High Court or the F46[Court of Appeal], an appeal by the Council or the registered teacher, from that decision, shall lie to the F46[Court of Appeal] on a specified question of law.

F47[(6A) Where—

(a) the decision of the High Court on an application under this section results in a registered teacher being removed from the register or the registration of a teacher being suspended,

(b) the High Court or the Court of Appeal grants leave to a teacher undersubsection (6)to appeal a decision of the High Court to the Court of Appeal on a specified question of law,

(c) at the date of the grant of leave the teacher is employed as a teacher in a recognised school, and

(d) that teacher is remunerated in respect of his or her employment out of moneys provided by the Oireachtas,

the High Court or the Court of Appeal, as the case may be, shall at the same time as it grants such leave to appeal direct whether that teacher shall continue to be remunerated pursuant to his or her contract of employment out of moneys provided by the Oireachtas pending the determination of that appeal.

(6B) A direction of the High Court or the Court of Appeal undersubsection (6A)that a teacher shall continue to be remunerated shall be subject to such terms and be for such period as the High Court or the Court of Appeal considers appropriate.]

(7) Following a decision under this section by the High Court or the F46[Court of Appeal], as the case may be, the Council shall, as soon as practicable, by notice in writing inform the teacher, F46[the complainant], the Minister and, where the teacher is employed as a teacher, his or her employer, of the decision.

(8) A person who has been removed from the register under this section may apply to the Council to be registered on the expiration of the period, specified under this section, within which he or she shall not be eligible to apply to be restored to the register, and section 31 shall apply.

45. Compliance with conditions of retention on register.

45.—(1) (a) Where a registered teacher is retained on the register subject to conditions in accordance with section 44(1)(c), including a condition as to the period within which those conditions shall be complied with, the teacher may apply in writing to the Disciplinary Committee, within the period specified, for an extension of that period.

(b) Any extension of the specified period shall be at the discretion of the Disciplinary Committee.

(2) Where a person fails to comply with the conditions referred to in subsection (1) within the specified period or any extension of that period, he or she shall be removed from the register and section 44 shall apply as if removal under this subsection were removal under section 44.

F49[(2A) Where a person fails to comply with any condition imposed on the person undersection 44(3)(b)(iii), he or she shall be removed from the register.]

46. Termination of suspension from register.

46.—Where a registered teacher has been suspended from the register under section 44, on the expiration of the period of suspension specified under that section, he or she shall be restored to the register subject to the payment of such fee as may be prescribed under section 23.

46A. F50[Notification to Minister, employer and other body of certain matters relating to sanctions

46A.—(1) Where it comes to the Council’s attention that, under the law of a state other than the State, a decision corresponding to a decision referred to in any ofparagraphs (a) to (d)ofsection 44(1)has been taken in relation to a registered teacher, the Council shall, as soon as practicable, give notice in writing to the Minister and where the registered teacher is employed as a teacher, to his or her employer (if known), of the decision.

(2) Where—

(a) a decision takes effect under this Part in relation to a registered teacher to remove the teacher from the register, suspend the teacher from the register, retain the teacher on the register subject to conditions or to advise, censure or admonish the teacher, and

(b) the Council has reason to believe that—

(i) the teacher is registered in another jurisdiction, and

(ii) the decision referred to inparagraph (a)may not have come to the attention of a body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council,

the Council shall give notice in writing to the body of the decision referred to inparagraph (a).]

46B. F51[Information Council may publish in public interest

46B.—The Council, if satisfied that it is in the public interest to do so shall—

(a) advise the public when—

(i) a decision takes effect under this Part in relation to a registered teacher to remove the teacher from the register, suspend the teacher from the register, retain the teacher on the register subject to conditions or to advise, censure or admonish the teacher, or

(ii) a decision referred to insection 46A(1)comes to the attention of the Council,

and

(b) following consultation with the Disciplinary Committee, publish (with or without any information which would enable any party to an inquiry to be identified)—

(i) the findings of a panel undersection 43(17)(b), and

(ii) the decision of a panel undersection 44(1).]

47. Application by Council to High Court for order suspending registration.

47.—(1) Where the Council is satisfied that it is in the public interest, the Council may, in relation to a registered teacher, apply to the High Court for an order that during the period specified in the order his or her registration shall be suspended.

(2) An application under this section may be made in a summary manner and shall be heard otherwise than in public.

(3) The High Court may, on an application being made to it under this section, make such interim or interlocutory order (if any) as it considers appropriate.

F52[(3A) Where—

(a) the High Court makes an interim or interlocutory order undersubsection (3)that the registration of a teacher be suspended,

(b) at the date of making the order the teacher is employed as a teacher in a recognised school, and

(c) that teacher is remunerated in respect of his or her employment out of moneys provided by the Oireachtas,

the High Court shall include in the order a direction as to whether that teacher shall continue to be remunerated pursuant to his or her contract of employment out of moneys provided by the Oireachtas.

(3B) A direction of the High Court undersubsection (3A)that a teacher continue to be remunerated shall be subject to such terms and be for such period (not exceeding the period specified in the order for which registration is suspended) as the High Court considers appropriate.]

(4) Following a decision under this section by the High Court, the Council shall, as soon as practicable, by notice in writing, inform the teacher, the Minister and, where the teacher is employed as a teacher, his or her employer, of the decision.

PART 6 Dissolution of Registration Council

48. Repeal of Intermediate Education (Ireland) Act, 1914.

48.—The Intermediate Education (Ireland) Act, 1914, is repealed with effect from the establishment day.

49. Dissolution of Registration Council.

49.—(1) The Registration Council shall, on the establishment day, become and be dissolved.

(2) References to the Registration Council in an enactment (other than this Act) or in an instrument made thereunder or in the memorandum or articles of association of any company (within the meaning of the Companies Acts, 1963 to 1999) or any other legal document shall be construed, on and after the establishment day, as references to the Council.

50. Pending legal proceedings.

50.—(1) Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Registration Council or any trustee or agent acting on its behalf is a party to the proceedings, the name of the Council shall be substituted in the proceedings for that of the Registration Council or, as the case may be, the trustee or agent, or added in those proceedings as may be appropriate, and those proceedings shall not abate by reason of the substitution.

(2) The Minister shall, out of moneys provided by the Oireachtas, indemnify the Council against all costs incurred by it in or in connection with legal proceedings referred to in subsection (1).

51. Transfer of assets and liabilities.

51.—(1) With effect from the establishment day the following are transferred to the Council—

(a) all rights and property and rights relating to such property held or enjoyed immediately before that day by the Registration Council or any trustee or agent acting on its behalf, and

(b) all liabilities incurred before that day by the Registration Council or any trustee or agent acting on its behalf that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the Registration Council or any trustee or agent acting on its behalf, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights shall, on and from that day, be enjoyed by the Council, and

(iii) those liabilities shall, on and from that day, be liabilities of the Council.

(2) All moneys, stocks, shares and securities transferred to the Council by this section which, immediately before the establishment day, are standing in the name of the Registration Council or any trustee or agent thereof, shall, upon the request of the Council, be transferred into its name.

(3) Every right and liability transferred to the Council by this section may, on and after the establishment day, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council to give notice of the transfer to the person whose right or liability is transferred by this section.

(4) The Council shall not, without the consent of the Minister, dispose of any part of any land or any interest therein transferred to or vested in the Council under this section.

52. Preservation of certain continuing contracts and adaptation of references.

52.—Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Registration Council to any person or given by any person to and accepted by or on behalf of the Registration Council and every contract or agreement made between the Registration Council, or any trustee or agent acting on its behalf, and any other person, and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after that day and shall be construed and have effect as if the name of the Council were substituted therein for that of the Registration Council or, as the case may be, any trustee or agent acting on its behalf, and shall be enforceable by or against the Council.

PART 7 Miscellaneous

53. Arrangements with persons to assist Council.

53.—The Council may make and carry out arrangements with any person or body of persons for the purpose of assisting the Council or any of its committees in the proper discharge of its functions.

54. Assignment of additional functions.

54.—The Minister may by regulation, from time to time, as he or she considers necessary or appropriate, following consultation with the Council and any other Minister of the Government who in the opinion of the Minister is concerned, confer on the Council such additional functions and, consequentially, modify any existing function of the Council, connected with or relating to—

(a) teacher education and training or any other matter relating to the teaching profession and teachers, or

(b) the services or activities that the Council is authorised for the time being to provide or carry on,

including functions for the purpose of giving effect to—

(i) any provision of the treaties governing the European Communities,

(ii) any directive, regulation or other act adopted by an institution of the European Communities, or

(iii) a judgement of the European Court of Justice,

relating to teachers or the teaching profession.

55. Annual report.

55.—(1) Subject to subsection (2), the Council shall prepare and publish, in such form and manner as it considers appropriate, a report of its activities and proceedings under this Act.

(2) A report under subsection (1) shall be prepared—

(a) in the case of the first such report, at the end of one year after the establishment day, and

(b) thereafter, at the end of one year following the preparation of the preceding report.

(3) The Council shall provide the Minister with a copy of the report and the Minister shall cause the report to be laid before each House of the Oireachtas.

56. Offences and penalties in relation to register.

56.—A person who—

(a) falsely represents that he or she is a registered teacher, or

(b) fraudulently makes use of a certificate of registration issued under this Act to such person or to any other person, or

(c) makes, or causes to be made, any false declaration or representation for the purpose of obtaining registration under this Act or aids or abets any other person in the making of any such false declaration or representation,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or, at the discretion of the court, to both such fine and imprisonment.

57. Disclosure of interests.

57.—(1) Where a member or employee (including the Director) of the Council or a member of a committee, or a consultant, adviser or other person engaged by the Council, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Council or a committee, he or she shall comply with the following requirements:

(a) he or she shall disclose to the Council or committee, as the case may be, the fact of such interest and the nature of the interest in advance of any consideration of the matter;

(b) he or she shall neither influence nor seek to influence a decision in relation to the matter;

(c) he or she shall take no part in any consideration of the matter;

(d) if he or she is a member or employee of the Council or a member of a committee, he or she shall withdraw from the meeting concerned for so long as the matter is being discussed or considered and shall not vote or otherwise act as such member or employee in relation to the matter;

(e) he or she shall not vote on a decision relating to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) the person or any member of his or her household, or any nominee of his or her or of any member of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) the person or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) the person or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where at a meeting of the Council a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with the requirements of subsection (1), the question shall be determined by the Council, whose decision shall be final, and particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where a disclosure is made under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the person by whom the disclosure is made, where he or she is a member of the Council, shall not be counted in the quorum for the meeting unless the Council otherwise determines.

(6) Subject to paragraph 3(2) of Schedule 1, where a person referred to in this section fails to make a disclosure in accordance with this section, the Council or committee, as the case may be, shall decide the appropriate action to be taken.

58. Disclosure of information.

58.—(1) Save as otherwise provided by law and subject to subsection (3), a person shall not, without the consent of the Council, disclose confidential information obtained by him or her while carrying out, or as a result of having carried out, duties as—

(a) a member of the Council,

(b) an employee of the Council (including the Director),

(c) a member of a committee, or

(d) an adviser or consultant to the Council or a committee or an employee of such person.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made to the Council or, by or on behalf of the Council, to the Minister.

(4) In this section “confidential information” includes information that is expressed by the Council or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

59. Privilege in respect of certain matters.

59.—(1) Utterances made by a person to whom this section applies for the purposes of the performance of the functions of the Council or a committee under this Act, shall be absolutely privileged and such utterances, and documents, or records, in any form prepared by a person to whom this section applies, for the purpose of such performance and reports of the Council or a committee, shall be absolutely privileged wherever and however published.

(2) In this section “a person to whom this section applies” means—

(a) a member of the Council,

(b) an employee of the Council,

(c) a member of a committee, or

(d) an adviser or consultant to the Council or a committee or an employee of such person.

60.. F53[Non- admissibility of certain evidence

60.—A statement or admission made by a person to a panel in relation to a complaint brought underPart 5shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence undersection 43B).]

61. Prosecution of offences.

61.—(1) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Council.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

62. Service of notices.

62.—(1) Subject to subsection (4), a notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways:

(a) by addressing it to the person by name and delivering it to him or her;

(b) by leaving it at the address at which the person ordinarily resides;

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides;

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her, to that address.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Subsection (1) shall not apply to a notice referred to in Schedule 1.