Education (Restriction of Employment) (Amendment) Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/1269
Year2001

2001No. 1269

EDUCATION, ENGLAND AND WALES

Education (Restriction of Employment) (Amendment) Regulations 2001

28thMarch2001

30thMarch2001

1stJune2001

The Secretary of State for Education and Employment, in exercise of the powers conferred by sections 218(6), (6ZA), (6A) and 232(5) of the Education Reform Act 1988( 1) and paragraph 1(5) of Schedule 2 to the Teaching and Higher Education Act 1998( 2), hereby makes the following regulations:

Citation, commencement and interpretation

1. - (1) These Regulations may be cited as the Education (Restriction of Employment) (Amendment) Regulations 2001.

(2) These Regulations shall come into force on 1st June 2001.

(3) In these Regulations a reference to the principal Regulations is a reference to the Education (Restriction of Employment) Regulations 2000( 3).

New regulation 5A of the principal Regulations

2. After regulation 5 of the principal Regulations the following new regulation 5A shall be inserted -

"Allocation and reference of cases to the General Teaching Councils

5. A -

(1) Where in the case of a registered teacher -

(a) it is alleged that he is guilty of unacceptable professional conduct or that he has been convicted (at any time) of a relevant offence or it appears to the Secretary of State that he may be so guilty or have been so convicted; and(b) the Secretary of State is satisfied that no relevant issue arises,

the Secretary of State shall refer the allegation and all relevant documents or copies of those documents to an Investigating Committee for consideration.

(2) Where -

(a) the Council is in receipt of documents concerning a teacher in which a relevant issue arises the Council shall refer those documents to the Secretary of State for his consideration;(b) a Committee is considering allegations of unacceptable professional conduct or serious professional incompetence against a registered teacher or that he has been convicted of a relevant offence and a relevant issue arises, the Committee shall refer those allegations, or if the relevant issue forms part of a wholly separate allegation, that allegation, and all relevant documents or copies of those documents to the Secretary of State for his consideration; or(c) a prohibition order is made in relation to a person on grounds of unacceptable professional conduct or a conviction for a relevant offence the Council shall refer the case and copies of all relevant documents to the Secretary of State for him to...

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