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Establishment of General Teaching
Council for Scotland
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1.- (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.
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(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 Counci
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(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(27).
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(3) In exercising their functions,
the Council shall have regard to the requirements of persons
who are disabled persons for the purposes of the Disability
Discrimination Act 1995.
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(4) In exercising their functions
the Council shall have regard to the interests of the public(27).
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Standards for entry to the teaching
profession
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2.- (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(28)
from time to time such recommendation with respect to those standards
as they think fit.
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(2) Without prejudice to the foregoing
subsection the Council may in particular make to the Secretary
of State recommendations as to the matters which, in their view,
should be prescribed by him under, or determined by virtue of,
section 7(1)(b) to (d) of this Act.
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(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, career development(29)
and fitness to teach of teachers as they think fit or as may
be referred to them by the Secretary of State.
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Supply of teachers
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3. 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.
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Secretary of State to have regard
to recommendations
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4. 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.
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Additional functions
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4A.-(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.
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(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(30).
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Colleges of Education
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5.- (1) It shall be the duty
of the Council-
(a) to keep themselves informed
of the education and training of teachers in relevant institutions,
and
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(b) to undertake such other functions
in relation to relevant institutions as may be conferred
or imposed on them by virtue of section 4A(1) of this Act(31).
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(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 relevant
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 relevant
institutions visited by them; but no such visitor shall interfere
with the giving of any instruction or with the conduct of any
examination.
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(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 relevant
institution the Council may make recommendations in that behalf
to the governing body of that institution; 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.
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General advice and publication
of advice and recommendations
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5A. 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(32).
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Supply of information relating
to teachers
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5B.-(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).
(1A) 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
(SI 1998/1759 (NI 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.
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(2) Subsections (1) and
(1A) 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.
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Establishment of register
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6.- (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.
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(2) Any person shall be entitled
to be registered if-
(a) he is a certificated teacher;
or
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(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 relevant institution to the Council for registration; or
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(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
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(c) in the case of a person who
is not entitled to be registered under paragraphs (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
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(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
Sub-committee by virtue of paragraph (d) of section 10C(1)(33)
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 Sub-committee by virtue
of section 10B(1)(b)(33)
of this Act, be subject to any direction by that Sub-committee
under section 11(8)(33)
of this Act.
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(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.
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(2C) 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.
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(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.
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(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) subject 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;
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(b) provide for the payment of
such fees as the Council think appropriate in relation to registration;
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(c) provide for the removal of
a name from the register on a failure-
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(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;
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(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(34).
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(d) provide for the issue of certificates
of registration;
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(e) prescribe anything required
or authorised by this section to be prescribed;
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(f) make such consequential, ancillary
and incidental provisions as appear to the Council to be expedient
for the purposes of the rules;
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and in this section (except in subsections (2)(b)
and (ba) thereof) "prescribed" means prescribed
by the Council in rules made under this subsection.
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(5) Rules made under the last foregoing
subsection prescribing fees may provide for the charging of different
fees in different classes of case.
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(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 Teaching Council
(Scotland) Act 1971, the Council shall consult the Secretary of
State.
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(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.
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(5C) A person whose name is contained
in the register shall, within such period as may be prescribed,
supply the Council with-
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(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;
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(b) such information as may
be prescribed, being information of a kind not already so recorded(35).
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(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.
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Further provision as to keeping
of register
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6A.-(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-
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(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
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(b) to prescribe matters (being
matters specified in the regulations) which are to be recorded
in the register.
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(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(36).
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Conditions for recommendation for
registration
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7.- (1) Subject to the following
provisions of this section, the Secretary of State may make regulations
as to-
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(a) the provision of education
and training for teachers in relevant institutions;
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(b) the admission of students
to courses of education and training for teachers;
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(c) matters connected with the
recommendation of students by the governing bodies of such institutions
to the Council for registration; and
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(d) so far as it relates to the
matters mentioned in paragraphs (b) and (c) above,
the fitness of persons to become teachers.
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(2) Regulations under subsection (1)
above may contain provision-
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(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;
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(b) as to the functions of the
governing bodies, the principals and members of staff of relevant
institutions;
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(c) .....................(37);
and
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(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,
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and such regulations may make different
provision for different institutions or classes of institution
and for different circumstances.
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(3) Without prejudice to section 4
of this Act the Secretary of State shall, before making regulations
under this section, consider any relevant recommendation and,
unless he considers it inexpedient to do so, shall make regulations
under this section giving effect to that recommendation, or, if
any modification to the recommendation is approved both by the
Secretary of State and by the Council, the recommendation as so
modified.
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(4) If the Secretary of State considers
that it is inexpedient to make regulations giving effect to any
relevant recommendation, but no modification thereof is approved
as aforesaid and the recommendation is not withdrawn, the Secretary
of State may either-
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(a) refuse to make regulations
giving effect to the recommendation, or
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(b) make regulations giving effect
to the recommendation modified in such manner as he thinks fit.
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(5) If the Secretary of State proposes
to make regulations under this section otherwise than in consequence
of a relevant recommendation he shall, before publishing a draft
thereof in pursuance of subsection (8A) of this section,
afford to the Council an opportunity of considering the draft
and shall have regard to representations made by them.
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(6) If the Secretary of State refuses
to make regulations under this section giving effect to a relevant
recommendation he shall, as soon as may be, publish in such manner
as he thinks fit a statement of the terms of the recommendation
and his reasons for refusing to make regulations giving effect
to it.
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(7) If the Secretary of State proposes
to make regulations under this section-
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(a) in the circumstances mentioned
in subsection (4)(b) above, or
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(b) in the circumstances mentioned
in subsection (5) above, and without giving effect to any
representations made by the Council under that subsection,
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he shall, when publishing a draft
of the regulations in pursuance of subsection (8A) of this
section, publish in such manner as he thinks fit a statement of
the terms of the relevant recommendation, his reasons for modifying
it and, if the Council have notified him of any objections to
the modifications, those objections; or, as the case may be, a
statement of any representations made by the Council under the
said subsection (5) and his reasons for not giving effect
to them.
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(8) Subsections (1), (4) and (5)
of section 144 of the Act of 1962 shall apply to the making
of regulations under this section as they apply to the making
of the regulations referred to in that section.
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(8A) The Secretary of State shall,
not less than forty days before making regulations under this
section, cause a draft of the regulations to be published and
send a copy thereof to every education authority, and shall have
regard to any representations made by an education authority or
by any person interested before he makes the regulations; and
the regulations may be made in the same form as in the published
draft or in an amended form.
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(9) In this section "relevant
recommendation" means a recommendation made by the Council
under section 2(2) of this Act.
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Principles for entitlement to registration
under section 6(2)(c)
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8. The Council shall from
time to time prepare, and publish in such manner as they think
fit, a statement specifying the principles to which they will
have regard in considering, for the purpose of section 6(2)(c)
of this Act, whether a person's education, training, fitness to
teach and experience warrant his registration.
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Penalty for false representations
etc. to obtain registration
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9. If a person-
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(a) procures or attempts to procure
the entry of any name on the register by wilfully making or
producing or causing to be made or produced, either orally or
in writing, any declaration, certificate or representation which
he knows to be false or fraudulent, or
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(b) falsely or fraudulently
holds himself out to be registered,
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he shall be liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
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Provision of information contained
in register
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9A. The Council shall, after
consultation with the Scottish Ministers, with the education authorities
and with such bodies as appear to the Council to represent other
employers of registered teachers, make rules with respect to there
being made available for inspection (by such means, in such form
and within such time as may be prescribed in the rules) information
contained in the register; and such rules may make-
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(a) provision as to the circumstances
and form in which and the conditions subject to which that information
may be made so available; and
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(b) different provision for
different classes of information, for different classes of person
to whom information is made so available and for different classes
of case(38).
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Notification of dismissal etc.
to Council
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9B. The employer of a registered
teacher shall-
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(a) on dismissing the teacher
on grounds of-
(i) misconduct; or
(ii) incompetence;
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(b) on the teacher resigning,
or abandoning his position, in circumstances where, but for
the resignation or abandonment-
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(i) he would have been dismissed
on grounds of misconduct; or
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(ii) his dismissal on grounds
of misconduct would have been considered by the employer;
or
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(c) on the teacher resigning,
or abandoning his position, after being informed by the employer
that a disciplinary hearing is to be held by the employer as
respects the teacher's alleged incompetence,
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forthwith notify the Council
of the dismissal, resignation or abandonment; and the employer
shall in so doing provide the Council with an account of the circumstances
which led to the dismissal or which were present when the resignation
or abandonment took place(39).
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Provision of other information
to Council by employer
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9C. The employer of a registered
teacher shall, when requested to do so by the Council, provide
the Council with such information as respects that teacher as
the Council may reasonably require in connection with the exercise
of the functions assigned to them under this Act(40).
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Constitution of Professional
Conduct Committee and Investigating and Disciplinary Sub-committees
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10.-(1) The Council shall set
up from their own number a committee, to be known as the Professional
Conduct Committee; and that committee shall have two sub-committees,
to be known respectively as the Investigating Sub-committee and
the Disciplinary Sub-committee.
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(2) The members of either sub-committee
may include persons who, though members of the Council, are not
members of the Professional Conduct Committee.
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(3) A majority of the members
of the Council appointed to-
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(a) the Professional Conduct
Committee;
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(b) each of the sub-committees,
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shall be registered teachers.
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(4) No member of the Council
shall be a member of both sub-committees in their consideration
of any one case.
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(5) The Council shall make rules
regulating-
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(a) subject to the provisions
of this section, the membership of the committee and of each
of the sub-committees; and
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(b) the times and places of
meetings, the quorum and the method of summoning the members
of the Disciplinary Sub-committee.
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(6) The provisions of Schedule 2
to this Act shall have effect with regard to the procedure of
the Disciplinary Sub-committee(41).
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The Professional Conduct Committee
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10A.-(1) Without prejudice to
subsections (2) and (3) below, the Professional Conduct
Committee shall have the functions of-
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(a) formulating and keeping
under review the policy of the Council as respects the professional
conduct of teachers; and
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(b) overseeing the actings
of its own sub-committees.
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(2) Where the Professional Conduct
Committee has been notified by-
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(a) a person's employer (or
former employer if the person is for the time being unemployed);
or
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(b) the Scottish Ministers,
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that the person has an illness
or some other medical condition and after due inquiry the committee
is satisfied that that is so and that the nature of the illness,
or condition, and its effect on the person are such as to warrant
a direction that the person's name be removed from the register,
the committee may so direct.
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(3) The Professional Conduct
Committee shall be charged with the duty of considering and determining
any application for re-registration of a name in the register
where the name was removed by virtue of subsection (2) above.
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(4) Schedule 2 to this Act
shall apply in relation to proceedings under subsection (2)
above before the Professional Conduct Committee as it applies
in relation to any proceedings before the Disciplinary Sub-committee;
except that in so applying paragraph 2 of that schedule that
paragraph shall be modified as follows-
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(a) in sub-paragraph (1)-
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(i) in head (a), the
words "under section 10B(2) of this Act" shall
be disregarded; and
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(ii) head (g) shall
be disregarded; and
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(b) in sub-paragraph (2),
heads (b) and (c) shall be disregarded,
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and such rules as are, for the
purposes of that application, made under the said paragraph 2
shall include rules relating to any need for the person to submit
himself for examination by an appropriately qualified practitioner
appointed by the committee and permitting the attendance at any
such examination of a qualified medical practitioner appointed
for that purpose by the person.
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(5) When the Professional Conduct
Committee directs-
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(a) that a person's name be
removed from the register; or
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(b) that an application for
re-registration be refused,
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the committee shall serve on
the person notice of the direction; and any such notice shall
include a statement of the reasons for the direction.
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The Investigating Sub-committee
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10B. - (1) The Investigating
Sub-committee shall be charged with the duty of conducting a preliminary
investigation into any case where it appears -
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(a) that a registered person
may be liable, under or by virtue of any of the provisions of
this Act (other than section 10A(2)), to have his name
removed from the register; or
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(b) that a person who-
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(i) has been duly recommended
for registration;
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(ii) fulfils requirements
prescribed under paragraph (ba) of subsection (2) of
section 6 of this Act; or
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(iii) in the opinion of the
Council is a person whose registration is warranted in terms
of paragraph (c) of that subsection,
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and has applied to be registered
may have been convicted of a relevant offence or may otherwise
have been guilty of relevant misconduct (irrespective of whether
the offence or misconduct took place in Scotland).
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(2) If, after fulfilling its
duty under subsection (1) above, the Investigating Sub-committee
considers it just to do so it shall refer the case to the Disciplinary
Sub-committee.
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(3) In subsection (1)(b)
above-
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"relevant misconduct"
means conduct which falls short of the standard expected of a
registered teacher; and
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"relevant offence"
means an offence other than one having no material relevance to
the fitness of the perpetrator to be a registered teacher.
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The Disciplinary Sub-committee
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10C.-(1) The Disciplinary Sub-committee
shall be charged with the duty of considering and determining-
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(a) any case referred to it
by the Investigating Sub-committee;
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(b) any application for re-registration
of a name in the register;
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(c) any second or subsequent
application for registration by a person whose original application
has been refused in pursuance of its direction under section 11(8)
of this Act; and
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(d) any application for registration
by any person who has been a certificated teacher but whose
certificate has been withdrawn on the ground of misconduct,
or suspended on that ground, and not restored under any enactment
in force before the commencement of this Act.
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(2) Subsection (1)(b) above
does not apply in respect of-
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(a) an application made by
virtue of section 6(4)(c)(i) of this Act; or
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(b) a name removed by virtue
of section 10A(2) of this Act.
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Decisions of the Disciplinary
Sub-committee
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11.-(1) Where a registered person-
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(a) has been convicted (whether
in Scotland or elsewhere and irrespective of whether the person
was a registered person at the time of conviction) of a relevant
offence; or
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(b) is judged by the Disciplinary
Sub-committee to have been guilty of relevant misconduct,
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of where the Disciplinary Sub-committee
is satisfied that the name of such a person has been registered
in error in consequence of any false or fraudulent declaration
or representation then the sub-committee may, if it thinks fit,
direct that-
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(i) the person's name be
removed from the register;
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(ii) the person shall be
subject to a conditional registration order; or
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(iii) a reprimand shall be
recorded against the person's name in the register.
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(2) Where a registered person
of whom the Council have received notification under sections 9B(a)(ii)
or (c) of this Act is judged by the Disciplinary Sub-committee
to have been guilty of serious professional incompetence and the
Sub-committee is satisfied that the nature of the incompetence
is such as to warrant the removal of that person's name from the
register, the Sub-committee may direct that it be removed accordingly.
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(3) In subsection (1)(ii)
above, the reference to a conditional registration order is to
an order of the Disciplinary Sub-committee that the person shall
continue to be eligible for registration under section 6(2)
of this Act but, for such period as may be specified in the order
or for an unlimited time, shall comply with such conditions as
to employment as a teacher as may be so specified; and if there
is a failure so to comply, the Disciplinary Sub-committee may
direct that the person's name be removed from the register.
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(4) A person in relation to
whom a conditional registration order has been made may apply
to the Professional Conduct Committee for variation or revocation
of a condition specified in the order; and the committee shall,
in determining that application, cause notice of its determination
to be served on the person and in relation to any such application
no person who was a member of the Disciplinary Sub-committee at
the time the condition was imposed shall be entitled to take part
in the proceedings of the Professional Conduct Committee.
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(5) A notice under subsection (4)
above shall include a statement of the sub-committee's reasons
for its determination.
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(6) Schedule 2 to this Act
shall apply in relation to proceedings under subsection (4)
above before the Professional Conduct Committee as it applies
to any proceedings before the Disciplinary Sub-committee; except
that in so applying paragraph 2 of that Schedule the provisions
of that paragraph shall be modified as follows-
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(a) in sub-paragraph (1)-
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(i) in head (a), the
words "under section 10B(2) of this Act" shall
be disregarded; and
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(ii) head (g) shall
be disregarded; and
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(b) sub-paragraph (2)
shall be disregarded.
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(7) Where, in the five years
which immediately follow the recording, under subsection (1)(iii)
above, of a reprimand against a person's name no further direction
is made under this section by the Disciplinary Sub-committee in
respect of that person, the reprimand shall be removed from the
register; but the sub-committee may have regard to any past reprimand
in fulfilling its duty under section 10C(1) of this Act even
though the reprimand has been so removed.
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(8) Where a person such as is
mentioned in any of sub-paragraphs (i) to (iii) of section 10B(1)(b)
of this Act has applied to be registered but is as described in
paragraph (a) or (b) of subsection (1) above and,
in the opinion of the sub-committee, is in consequence unfit to
be registered, the sub-committee may direct that the person's
application be refused.
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(9) A person whose-
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(a) application for registration
has been refused in compliance with a direction -
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(i) given by virtue of a
determination under section 10C(1)(d) of this Act; or
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(ii) under subsection (8)
above; or
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(b) name is removed from the
register in compliance with a direction under subsection (1)(i)
or (2) above,
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shall not be entitled to be registered,
or as the case may be re-registered, except in compliance with
a direction of the Disciplinary Sub-committee.
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(10) The Disciplinary Sub-committee,
in directing that a person's application for registration, or
re-registration, be refused or that a person's name be removed
from the register, may in the direction prohibit the person from
applying or, as the case may be, applying again, for a direction
under subsection (9) above until the expiration of such period,
not exceeding twelve months from the date of the direction,
as may be specified in the prohibition.
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(11) When the Disciplinary Sub-committee
directs that a person's application for registration or re-registration
be refused, or that a person's name be removed from the register,
the sub-committee shall serve on the person notice of the direction;
and any such notice shall include a statement of-
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(a) the facts found proven
in the proceedings before the sub-committee; and
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(b) the reasons for the direction.
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Temporary suspension
|
11A.-(1) Where, as respects a
registered person-
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| |
(a) a preliminary investigation
under section 10B(1) of this Act is pending, the Investigating
Sub-committee; or
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(b) proceedings under section 10C
of this Act are pending, the Disciplinary Sub-committee,
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may, if it is satisfied that
there is prima facie evidence of circumstances on the basis
of which the person's name might come to be removed from the register,
direct that, until the date on which the case is finally disposed
of, the entry for the person's name shall be marked on the register
as suspended; but if in determining the case the Disciplinary
Sub-committee makes no direction for the removal of the name from
the register, it shall direct that the suspension be cancelled
and the mark on the register removed accordingly.
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(2) When the Investigating Sub-committee
or the Disciplinary Sub-committee makes a direction under subsection (1)
above, it shall serve notice of the direction-
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(a) on the person; and
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(b) if the person is in employment
as a teacher, on the employer.
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(3) Subsections (1) and (2)
above shall apply in relation to proceedings under section 10A(2)
of this Act and to the Professional Conduct Committee as they
apply in relation to proceedings under section 10C of this
Act and to the Disciplinary Sub-committee.
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Notification to employer of outcome
of disciplinary proceedings
|
11B. When proceedings in a case
such as is mentioned in section 10A(2) or 10C(1)(a)
of this Act against a person employed as a teacher are finally
disposed of, the Council shall forthwith advise the person's employers
of the outcome of those proceedings.
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Appeals
|
12.-(1) Any-
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(a) such person as is mentioned
in section 10A(2) or in paragraph (a) or (b)
of section 11(9) of this Act;
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| |
(b) person whose application
for re-registration has been refused in compliance with a direction
under this Act; or
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(c) person whose application
for registration has been refused in compliance with a direction
of the committee appointed under paragraph 16(1) of Part II
of Schedule 1 to this Act,
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| |
may, with twenty-eight days
after the service on him of notice of the direction in question,
appeal against-
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| |
(i) that direction; or
|
| |
(ii) in the case of a direction
by the Disciplinary Sub-committee, any prohibition imposed
by virtue of section 11(10) of this Act,
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to the Court of Session in accordance
with such rules as may be made by Act of Sederunt for the purposes
of this subsection; and on any such appeal the Court may give
such directions in the matter as it thinks proper, including directions
as to the expenses of the appeal.
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| |
(1A) Any person-
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(a) in respect of whom a
direction has been made by the Disciplinary Sub-committee,
the Investigating Sub-committee or the Professional Conduct
Committee and who does not have a right of appeal under subsection (1)
above; or
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(b) whose application for
variation or revocation of a condition specified in a conditional
registration order has been refused by the Professional Conduct
Committee,
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may, within the prescribed number
of days after the service on him of notice of the direction or
refusal in question, require the Council to review the direction
or refusal; and in relation to any such review no person who was
a member of the Disciplinary Sub-committee, or as the case may
be of the Investigating Sub-committee or the Professional Conduct
Committee, at the time the direction, or the decision to refuse
the application, was made shall be entitled to take part in the
proceedings of the Council(42).
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(2) No appeal shall lie from a decision
of the Court of Session on an appeal under subsection (1)
above(43).
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(3) On an appeal under subsection (1)
above(43)
the Council shall be entitled to appear as respondent; and, whether
they so appear or not, the Council shall be deemed for the purposes
of any award of expenses in the appeal to be a party thereto.
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(4) No direction under section 10A(2),
11(1) or (2) or 11A(1) of this Act (or section 11A(1)
as applied in relation to proceedings under section 10A(2)
of this Act) shall take effect until-
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(a) where, in accordance with
this section, the person concerned -
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| |
(i) appeals against the direction,
the appeal has been withdrawn or dismissed; or
|
| |
(ii) requires the Council
to review the direction or refusal, the requirement has been
withdrawn or the direction or refusal has been upheld; or
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(b) in any other case, the
twenty-eight days mentioned in subsection (1), or as the
case may be the prescribed number of days mentioned in subsection (1A),
above have elapsed(44).
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| |
(5) The Council shall make rules
as respects the procedure to be followed and the rules of evidence
to be observed in proceedings in any review required under subsection (1A)
above; but such rules shall not come into force until approved
by the Lord President of the Court of Session.
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| |
(6) In subsection (1A) above,
"the prescribed number of days" means such number of
days as may be prescribed by the Council in rules made under this
subsection; and different numbers may be so prescribed for different
categories of review.
|
| |
(7) For the purposes of advising
the Council on questions of law arising in proceedings in any
review required under subsection (1A) above, there shall in all
such proceedings be an assessor to the Council who shall be an
advocate or solicitor of not less than ten years' standing appointed
by them; and sub-paragraph (2) of paragraph 3 of Schedule 2 to
this Act shall apply in relation to such proceedings and to the
Council as that sub-paragraph applies in relation to proceedings
before the Disciplinary Sub-committee and to that sub-committee.
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| |
(8) An assessor may be appointed
under this section either generally or for any particular proceedings
or class of proceedings and shall hold and vacate office in accordance
with the terms of the instrument under which he is appointed.
|
| |
(9) The Council shall pay to
an assessor appointed under this section remuneration at such
rates as may be determined by them with the consent of the Lord
President of the Court of Session.
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|
Service of notices
|
13. Any notice or other document
authorised or required to be served under this Act may, without
prejudice to any other method of service, be served by registered
or recorded delivery post; and for the purpose of the application
to this section of section 26 of the Interpretation Act 1889
(which relates to service by post) the proper address of a person
to whose registration such a notice or other document relates
shall, if he is a registered person, be his address on the register.
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|
Orders
|
14.-(1) Any power conferred
by this Act to make an order shall include power to vary or revoke
the order by a subsequent order.
|
| |
(2) Any order made by the Secretary
of State under this Act shall be made by statutory instrument;
and a statutory instrument containing any such order (except an
order under section 18(3) of this Act) shall be subject to
annulment in pursuance of a resolution of either House of Parliament(45).
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|
Financial provisions
|
15.-(1) The Secretary of
State may from time to time make to the Council such grants as
he thinks fit in respect of expenses incurred or to be incurred
by the Council in discharging their functions under this Act,
and may make to the Council such loans as he thinks fit in respect
of the initial expenses incurred or to be incurred by the Council
in establishing the register.
|
| |
(2) Where the Secretary of State
incurs expenses under paragraph 2 of Schedule 1 to this
Act in connection with the first election of the Council he shall
be deemed to have made to the Council a loan of an amount equal
to the amount of the expenses incurred.
|
| |
(3) Any loan made, or deemed to
be made, to the Council by the Secretary of State under the foregoing
provisions of this section shall be subject to such terms and
conditions and shall be repaid to him at such times, as he may
direct.
|
| |
(4) Any expenses incurred by the
Secretary of State under this Act shall be defrayed out of moneys
provided by Parliament(46).
|
| |
(5) ..............................................
|
| |
16. ............................................................
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|
Interpretation
|
17.-(1) In this Act, unless
the context otherwise requires, the following expressions shave
the meanings hereby assigned to them respectively-
|
| |
"Act of 1962" means the
Education (Scotland) Act 1962;
|
| |
"education authority"
has the meaning given by section 135(1) of the Education (Scotland)
Act 1980(47)
|
| |
"establishment" and "residential
establishment" have the same meaning as in the Social Work
(Scotland) Act 1968;
|
| |
"notice" means a notice
in writing
|
| |
"the register" means
the register kept under section 6(1) of this Act (analogous
expressions being construed accordingly) and "registered"
includes conditionally or provisionally registered(48);
|
| |
"relevant misconduct"
and "relevant offence" have the meanings given by section 10B(3)
of this Act(48);
|
| |
"teach" means teach in
an educational establishment (as defined in section 145 of
the Act of 1962) or in an establishment or residential establishment,
where school or further education is provided, and "teaching"
and "teacher" shall be construed accordingly.
|
| |
(2) Any other(49)
expression used in this Act and in the Act of 1962 has in this
Act, unless the context otherwise requires, the same meaning as
it has in that Act.
|
| |
(3) Any reference in this Act to
an enactment shall be constructed as a reference to that enactment
as amended or extended by or under any other enactment, including
this Act.
|
| |
(3A) In this Act-
|
| |
(a) "relevant institution"
means an institution within the higher education sector which
provides courses for the education and training of teachers; and
|
| |
(b) references to institutions within
the higher education sector shall be construed as in Part II
of the Further and Higher Education (Scotland) Act 1992.
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|
Short title, extent and commencement
|
18.-(1) This Act may be cited
as the Teaching Council (Scotland) Act 1965.
|
| |
(2) This Act extends to Scotland
only.
|
| |
(3) This Act shall come into operation
on such day as the Secretary of State may by order appoint; and
different days may be appointed for different provisions.
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