Teaching Council (Scotland) Act 1965

1965 CHAPTER 19

Contents

Go to Preamble

1. The General Council

   1. 1. Establishment of General Teaching Council for Scotland

2. General Functions of Council

   1. 2. Standards for entry to the teaching profession

   2. 3. Supply of teachers

   3. 4. Secretary of State to have regard to recommendations

   4. 4A. Additional functions

   5. 5. Colleges of education

   6. 5A. General advice and publication of advice and recommendations

   7. 5B. Supply of information relating to teachers

3. Register of Teachers

   1. 6.Establishment of register

   2. 6A. Further provision as to keeping of register

   3. 7. Conditions for recommendation for registration

   4. 8. Principles for entitlement to registration under s. 6(2)(c)

   5. 9. Penalty for false representations etc. to obtain registration

   6. 9A. Provision of information contained in register

   7. 9B. Notification of dismissal etc. to Council

   8. 9C. Provision of other information to Council by employer

4. Disciplinary Provisions

   1. 10. Constitution of Professional Conduct Committee and Investigating and Disciplinary Sub-committees

   2. 10A. The Professional Conduct Committee

   3. 10B. The Investigating Sub-committee

   4. 10C. The Disciplinary Sub-committee

   5. 11. Decisions of the Disciplinary Sub-committee

   6. 11A. Temporary suspension

   7. 11B. Notification to employer of outcome of disciplinary proceedings

   8. 12.Appeals

5. Miscellaneous and Supplementary

   1. 13.Service of notices

   2. 14.Orders

   3. 15.Financial provisions

   4. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. 17.Interpretation

   6. 18. Short title, extent and commencement

6. SCHEDULE 1

   The Council

7. SCHEDULE 2

   Procedure of Disciplinary Sub-committee

An Act to provide for the establishment in Scotland of a Teaching Council; to provide for the registration of teachers, for regulating their professional training and for cancelling registration in cases of misconduct; and for purposes connected with the matters aforesaid.

[2nd June 1965]

The General Council

1 Establishment of General Teaching Council for Scotland

(1)There shall be a body, to be called the General Teaching Council for Scotland (in this Act referred to as “the Council”), which shall have in relation to Scotland the functions assigned to it by or under this Act.

(2)The Council shall be constituted in accordance with Part I of Schedule 1 to this Act; and the supplementary provisions contained in Part II of that Schedule shall have effect with respect to the Council.

[F1(2A)The principal aims of the Council in exercising their functions shall be—

(a)to contribute to improving the quality of teaching and learning; and

(b)to maintain and improve teachers’ standards of professional competence.]

[F2(3)In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the M1Disability Discrimination Act 1995.]

[F3(4)In exercising their functions the Council shall have regard to the interests of the public.]

General Functions of Council

2 Standards for entry to the teaching profession

(1)It shall be the duty of the Council to keep under review the standards of education, training and fitness to teach appropriate to persons entering the teaching profession and to make to the Secretary of State from time to time such recommendations with respect to those standards as they think fit.

(2)Without prejudice to the foregoing subsection the Council may in particular make to the Secretary of State recommendations as to the [F1matters] which, in their view, should be prescribed by him under [F2, or determined by virtue of,][F1section 7(1)(b) to (d)] of this Act.

(3)It shall also be the duty of the Council to consider, and make to the Secretary of State from time to time recommendations on, such other matters relating to the education, training [F3, career development] and fitness to teach of teachers as they think fit or as may be referred to them by the Secretary of State.

3 Supply of teachers

It shall be the duty of the Council to consider, and make to the Secretary of State from time to time recommendations on, such matters (other than remuneration or conditions of service) relating to the supply of teachers as they think fit or as may be referred to them by the Secretary of State.

4 Secretary of State to have regard to recommendations

In exercising his functions under the Education (Scotland) Acts 1939 to 1965 the Secretary of State shall have regard to any recommendations made to him by the Council under the two last foregoing sections.

[F14A Additional functions

(1)The Scottish Ministers may by order confer or impose on the Council such additional functions as the Scottish Ministers consider it would be appropriate for the Council to discharge in connection with any of the Council’s functions under this Act.

(2)Before making an order under subsection (1) above, the Scottish Ministers shall—

(a)consult the Council; and

(b)carry out such other consultation as appears to them to be appropriate.]

5 Colleges of education

(1)It shall be the duty of the Council—

(a)to keep themselves informed of the [F1education and training of teachers] in [F2relevant institutions], and

(b)to undertake such other functions in relation to [F2relevant institutions] as may be [F3conferred or imposed on them by virtue of section 4A(1) of this Act.]

(2)For the purposes of their duty under paragraph (a) of the foregoing subsection the Council may appoint on such terms as may be agreed persons to visit [F2relevant institutions] on their behalf, and it shall be the duty of those visitors to report to the Council as to the general content and arrangement of the courses of instruction provided in the [F2relevant institutions] visited by them; but no such visitor shall interfere with the giving of any instruction or with the conduct of any examination.

(3)Where it appears to the Council (as a result of a report under the last foregoing subsection or otherwise) that any change should be made in the general content or arrangement of the courses of instruction provided in any [F2relevant institution] the Council may make recommendations in that behalf to the governing body of that [F2institution]; and if, after consultation between the Council and the governing body, and any resulting modification by the Council of the recommendations, the governing body refuses to accept the recommendations (or, as the case may be, the recommendations as modified) the Council may report the circumstances to the Secretary of State.

[F15A General advice and publication of advice and recommendations

The Council may give advice of a general nature, on any matter relevant to their functions (whether or not it is a matter as respects which they may make recommendations under any other provision of this Act), to any person or body; and they may publish any such advice or recommendations.]

[F15B Supply of information relating to teachers

(1)The Council shall supply to the General Teaching Council for England and the General Teaching Council for Wales such information as it is necessary or desirable for the Council in question to have for the purpose of carrying out any of the functions conferred on them by or under the Teaching and Higher Education Act 1998 (c.30).

(2)Once the General Teaching Council for Northern Ireland is established, subsection (1) above shall apply in relation to that Council and to the functions conferred on them by or under the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) as that subsection applies in relation to, and to the functions of, the General Teaching Council for England and the General Teaching Council for Wales.

(3)Subsections (1) and (2) above do not limit the circumstances in which information may be supplied other than by virtue of this section and are without prejudice to section 9A of this Act.]

Register of Teachers

6Establishment of register

(1)It shall be the duty of the Council to establish and keep a register containing the names, addresses and such qualifications and other particulars as may be prescribed, of persons who are entitled under the following provisions of this section to be registered therein and who apply in the prescribed manner to be so registered.

(2)Any person shall be entitled to be registered if—

(a)he is a certificated teacher, or

(b)having fulfilled the requirements prescribed by the Secretary of State under the next following section, he has been duly recommended by the governing body of a [F1relevant institution] to the Council for registration; or

[F2(ba)in the case of a person who is not entitled to be registered under either of the two foregoing paragraphs, he fulfils such requirements as the Secretary of State may by regulations made under this paragraph prescribe; or]

(c)in the case of a person who is not entitled to be registered under [F3paragraphs (a) to (ba) above], his education, training, fitness to teach and experience are such as, in the opinion of the Council, to warrant his registration; or

(d)having been a certificated teacher whose certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act, his registration has been directed by the Disciplinary [F4Sub-committee by virtue of paragraph (d) of section 10C(1)] of this Act or, in a case not falling under that paragraph, by the Council:

Provided that the entitlement of any person to be registered by virtue of this subsection shall, in a case referred to the Disciplinary [F5Sub-committee by virtue of section 10B(1)(b)] of this Act, be subject to any direction by that [F6Sub-committee under section 11(8)] of this Act.

[F7(2A)Before making regulations under subsection (2)(ba) above the Secretary of State shall consult the Council and such organisation as appears to him to be representative of the interests of education authorities.

(2B)Regulations made by the Secretary of State under subsection (2)(ba) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

(3)For avoidance of doubt it is hereby declared that a person shall not be entitled to be registered by virtue of paragraph (c) of the last foregoing subsection if he has been a certificated teacher and his certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act.

(4)The Council may make rules with respect to the form and keeping of the register, and the making of entries and alterations therein; and rules made under this subsection may in particular—

(a)[F8subject to subsection (5B) below,] provide for the registration of a person to be provisional until such conditions as may be prescribed in that behalf are satisfied, and for the cancellation of provisional registration in such circumstances as may be prescribed;

(b)provide for the payment of such fees as [F9the Council think appropriate] in relation to registration;

[F10(c)provide for the removal of a name from the register on a failure—

(i)to pay a prescribed fee and for its re-registration in the register on the making of the prescribed application in that behalf and on payment of that fee and any additional fee;

(ii)to supply information, or details of a change in information, within such reasonable period as may be intimated to the person by the Council provided that such intimation was given after the person had already failed to supply timeously, under subsection (5C) below, the information or details and for its re-registration in the register on the making of the prescribed application in that behalf, the supplying of the information or details and the payment of a fee,

prescribed in respect of the re-registration;]

(d)provide for the issue of certificates of registration;

(e)prescribe anything required or authorised by this section to be prescribed;

(f)make such consequential, ancillary and incidental provisions as appear to the Council to be expedient for the purposes of the rules;

and in this section (except in [F11subsection (2)(b) and (ba)] thereof) “prescribed” means prescribed by the Council in rules made under this subsection.

(5)Rules made under the last foregoing subsection prescribing fees may provide for the charging of different fees in different classes of case.

[F12(5A)Before making any rules under this section in respect of any matter which is, or may be, the subject of regulations under section 1 of the M1Teaching Council (Scotland) Act 1971, the Council shall consult the Secretary of State.]

[F13(5B)The Council may with the consent of the Secretary of State make rules under subsection (4)(a) above in respect of persons entitled to be registered by virtue of regulations made under subsection (2)(ba) above.]

[F14(5C)A person whose name is contained in the register shall, within such period as may be prescribed, supply the Council with—

(a)details of any change in the information recorded against that name in the register if it is a change of such kind as may be prescribed;

(b)such information as may be prescribed, being information of a kind not already so recorded.]

(6)Rules made under subsection (4) of this section shall be published in such manner as the Council may determine and shall be so made as not to come into force before the expiration of one month from the date on which they are so published.

[F16A Further provision as to keeping of register

(1)After consultation with the Council, the Scottish Ministers may, by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament, make regulations requiring rules under section 6(4) of this Act—

(a)to make such provision as to the form and manner in which the register is to be kept as shall be specified in the regulations; and

(b)to prescribe matters (being matters specified in the regulations) which are to be recorded in the register.

(2)The Council shall, within one month after any regulations made under subsection (1) above come into force, make and publish such rules, revocations or amendments as the regulations make requisite.]

7 Conditions for recommendation for registration

[ F1(1)Subject to the following provisions of this section, the Secretary of State may make regulations as to—

(a)the provision of education and training for teachers in relevant institutions;

(b)the admission of students to courses of education and training for teachers;

(c)matters connected with the recommendation of students by the governing bodies of such institutions to the Council for registration; and

(d)so far as it relates to the matters mentioned in paragraphs (b) and (c) above, the fitness of persons to become teachers.

(2)Regulations under subsection (1) above may contain provision—

(a)as to the content, nature and duration of courses of education and training for teachers provided by relevant institutions and as to requirements for the assessment of students participating in such courses;

(b)as to the functions of the governing bodies, the principals and members of staff of relevant institutions;

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)as to such matters as are to be determined or approved by the Secretary of State or by such persons as may be prescribed,

and such regulations may make different provision for different institutions or classes of institution and for different circumstances.]