The General Teaching Council for Northern Ireland (Registration of Teachers) (Amendment) Regulations (Northern Ireland) 2015

Made: 11th March 2015

Coming into operation: 1st April 2015

The Department of Education makes the following Regulations in exercise of the powers conferred by Articles 36(1), (3)(f) and (5), 40(3) and 90(3) of the Education (Northern Ireland) Order 1998[^f00001].

Citation and commencement

1

These Regulations may be cited as the General Teaching Council for Northern Ireland (Registration of Teachers) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015.

Amendment of the General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004

2

• (1) The General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004[^f00002] are amended in accordance with paragraphs (2) to (8).

• (2) In regulation 2 (interpretation), for the definition of “equivalent General Teaching Council” substitute—

• “equivalent Council” means the Education Workforce Council for Wales or the General Teaching Council for Scotland;

• (3) For regulation 3[^f00003] (disqualification from registration) substitute—

(3) A person is not eligible for registration if— (a) he is not a qualified teacher; (b) he is a person in relation to whom a prohibition order has effect under section 141B of the Education Act 2002[^f00004]; (c) he is a person subject to a disciplinary order made under the Education (Wales) Act 2014[^f00005] by virtue of which he is not eligible for registration as a teacher in Wales; (d) he is considered unfit to teach for the purposes of the Public Services Reform (General Teaching Council for Scotland) Order 2011[^f00006]; (e) his entry in the register has for the time being been removed under regulation 10A; or (f) he is barred from regulated activity relating to children in accordance with Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00007].

• (4) In regulation 10 (removal of entries from the register), at the beginning insert “Subject to regulation 10A,”.

• (5) After regulation 10 insert—

(10A) (1) Where the Council finds a person guilty of misconduct it may remove that person’s entry from the register. (2) Before exercising its power under paragraph (1) the Council shall— (a) inform the person of the nature of the case against him; (b) afford him an opportunity to make representations to it; and (c) consider such representations and all other relevant information available to it. (3) Where the Council removes a person’s entry from the register under paragraph (1) it shall provide him with a notice of its decision and the reason for it. (4) A person whose entry in the register has been removed under paragraph (1) may, within 28 days from the date of the decision notice provided under paragraph (3), appeal to the High Court against that decision. (5) The Council may make provision in connection with— (a) the hearing and determination of cases; and (b) decision notices under paragraph (3).

• (6) In regulation 15 (supply of information to equivalent General Teaching Councils)—

• (a) in paragraph (1)(b) after “Article 38(3)” insert “of the 1998 Order”;

• (b) in paragraphs (1) and (2) for “an equivalent General Teaching Council” substitute “an equivalent Council or the Secretary of State”.

• (7) In Schedule 1 (matters to be recorded in the register against a teacher’s name)—

• (a) omit paragraphs 21 and 22;

• (b) in paragraphs 23 and 24 for “an equivalent General Teaching Council” substitute “an equivalent Council”.

• (8) In Schedule 2 (information to be supplied to employers and equivalent general teaching councils)—

• (a) for paragraph 11 substitute—

(11) Whether or not the teacher has been removed from the register under regulation 10A and the particulars of any finding of misconduct under that regulation.

• (b) for paragraph 12 substitute—

(12) Whether or not the teacher is a person in relation to whom a prohibition order has effect under section 141B of the Education Act 2002. (12A) Whether or not the teacher is considered unfit to teach for the purposes of the Public Services Reform (General Teaching Council for Scotland) Order 2011.

• (c) in paragraphs 13 and 14 for “an equivalent General Teaching Council” substitute “an equivalent Council”.

Signed

Sealed with the Official Seal of the Department of Education on 11th March 2015

Faustina Graham — A senior officer of the Department of Education

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004 (“the 2004 Regulations”) to provide that the General Teaching Council for Northern Ireland (“the Council”) may remove a person’s entry from the register of teachers on grounds of misconduct. They also provide that a person whose entry in the register has been removed will have a right of appeal and for the Council may make rules in relation to decisions. They substitute regulation 3 of the 2004 Regulations to update legislative references to ensure that a person who is prevented from teaching in Great Britain is not eligible for registration in Northern Ireland.

They also make a number of amendments to the supply of information provisions in Part 3 of the 2004 Regulations to update legislative references relating to disciplinary orders made in other jurisdictions.

Footnotes

[^f00001]: S.I. 1998/1759 (N.I. 13). Article 36 has been amended by Article 35 of the Education and Libraries (Northern Ireland) Order 2003 (S.I. 2003/424 (N.I. 12)) and Articles 35 and 36 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11))

[^f00002]: S.R. 2004 No. 38; relevant amending regulations are S.R. 2007 No. 402 and S.R. 2009 No. 370

[^f00003]: Regulation 3 was substituted by regulation 3(2) of S.R. 2009 No. 370

[^f00004]: 2002 c. 32; section 141B was inserted by section 8 of the Education Act 2011 (c. 21)

[^f00005]: 2014 anaw 5

[^f00006]: S.S.I. 2011 No. 215

[^f00007]: S.I. 2007/1351 (N.I. 11)

Editorial notes

[^key-543ceeaebd1f143b28159b5d261a16e8]: Reg. 1 in operation at 1.4.2015, see reg. 1

[^key-76a800b41b8453862a5d42e02fc3628c]: Reg. 2 in operation at 1.4.2015, see reg. 1