General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003

JurisdictionWales
CitationSI 2003/503 (W71)
Year2003

2003 No. 503 (W.71)

EDUCATION, WALES

The General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003

Made 4th March 2003

Coming into force 31th March 2003

In exercise of the powers conferred on the Secretary of State by section 42(6) of, and paragraph 9 of Schedule 1 and paragraphs 1(4) and 4 of Schedule 2 to, the Teaching and Higher Education Act 19981and now vested in the National Assembly for Wales2, and after consulting the General Teaching Council for Wales in accordance with section 42(9) of that Act, the National Assembly for Wales makes the following Regulations:

Name and commencement

Name and commencement

S-1 These Regulations are called the General Teaching Council for...

1. These Regulations are called the General Teaching Council for Wales (Disciplinary Functions) (Amendment) Regulations 2003 and shall come into force on 31st March 2003.

S-2 The General Teaching Council for Wales (Disciplinary Functions)...

2. The General Teaching Council for Wales (Disciplinary Functions) Regulations 20013are amended as follows.

S-3 Regulation 2 is amended by— inserting after the definition of...

3. Regulation 2 is amended by—

(a) inserting after the definition of “the 1998 Act” in paragraph (1) the following—

““agent” (“asiant”) has the meaning given by section 15A of the 1998 Act4;” and

(b) substituting for the words “regulations 8 and 28” in paragraph (5) the words “regulation 8”.

S-4 Regulation 8 is amended by— inserting the words “Subject to...

4. Regulation 8 is amended by—

(a) inserting the words “Subject to paragraph (1A)” at the beginning of paragraph (1);

(b) inserting after paragraph (1) the following paragraph:

S-1A

“1A A Committee dealing with a case against a person who is a member of the Council must include one or more lay members and one or more registered teacher members, but must not include a member of the Council.”;

(c) inserting the words “Subject to paragraph (3A)” at the beginning of paragraph (3); and

(d) inserting after paragraph (3) the following paragraph:

S-3A

“3A The quorum for a meeting of a Committee dealing with a case against a person who is a member of the Council shall be three members, including one lay member and one registered teacher member.”.

S-5 Regulation 9 is amended by— substituting for paragraph (1)(b)...

5. Regulation 9 is amended by—

(a) substituting for paragraph (1)(b) the following paragraph—

“(b)

“(b) the National Assembly or the Secretary of State wishes to consider the case with a view to exercising its or his powers under section 142 of the Education Act 20025

(i) on the grounds that a person is unsuitable to work with children, or

(ii) on grounds relating to a person’s misconduct or health,

because the National Assembly or the Secretary of State considers that the case concerns the safety and welfare of persons aged under 18.”; and

(b) substituting for the words “regulation 28” in paragraph (2) (b) the words “regulations 5 or 7 of the Education (Supply of Information) (Wales) Regulations 20036”.

S-6 Regulation 18 is amended by— substituting for paragraph (3) the...

6. Regulation 18 is amended by—

(a) substituting for paragraph (3) the following paragraph—

S-3

“3 A suspension order shall, in addition to the items referred to in paragraph (1), specify—

(a) any conditions to be complied with by the teacher before he or she can become eligible again for registration; and

(b) the period (not exceeding two years) at the end of which the teacher becomes eligible again for registration (subject to any conditions being complied with).”;

(b) in paragraph (6), omitting the “and” at the end of...

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