General Teaching Council for Wales (Functions) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/1979

2000 No. 1979 (W. 140 )

EDUCATION, WALES

The General Teaching Council for Wales (Functions) Regulations 2000

Made 24th July 2000

In exercise of the powers conferred on the Secretary of State by sections 3(3)(d), 4, 5, 14, and 42(6) and (7) of the Teaching and Higher Education Act 19981and now vested in the National Assembly for Wales2, the National Assembly for Wales makes the following Regulations:

1 INTRODUCTION

PART I

INTRODUCTION

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the General Teaching Council for Wales (Functions) Regulations 2000.

(2) Regulations 12 and 17 shall come into force on 1st February 2001, regulation 16 shall come into force on 1st December 2000, and all other regulations shall come into force on 1st September 2000.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

the 1988 Act” (“Deddf 1988”) means the Education Reform Act 19883;

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“advanced skills teacher” (“athro neu athrawes uwch-fedrau”) means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to an advanced skills teacher post;

“Code of Practice” (“Cod Ymarfer”) means the code of practice authorised to be issued under regulation 13;

“the Council” (“y Cyngor”) means the General Teaching Council for Wales;

“employer” (“cyflogydd”) in relation to a teacher includes a person who engages or makes arrangements for the engagement of that teacher to provide his or her services as a teacher otherwise than under a contract of employment, and “prospective employer” (“darpar gyflogydd”), “employed” (“cyflogi”) and “employment” (“cyflogaeth”) shall be construed accordingly;

“fast track teacher” (“athro neu athrawes cynllun carlam”) means a classroom teacher who has been certified as such by the Secretary of State for Education and Employment or by an assessor appointed by the Secretary of State;

“independent school” (“ysgol annibynnol”) has the same meaning as in section 463 of the Education Act 19964;

“induction period” (“cyfnod ymsefydlu”) means an induction period served in accordance with regulations made in relation to England or Wales under section 19 of the 1998 Act5;

“institution within the further education sector” (“sefydliad yn y sector addysg bellach”) has the meaning given to it by section 91(3) of the Further and Higher Education Act 19926;

“institution within the higher education sector” (“sefydliad yn y sector addysg uwch”) has the meaning given to it by section 91(5) of the Further and Higher Education Act 1992;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“ non-maintained special school” (“ysgol arbennig nad yw'n cael ei chynnal”) means a special school which is neither a community special school nor a foundation special school;

“qualified teacher” (“athro neu athrawes gymwysedig”) has the same meaning as in section 218(2) of the 1988 Act7;

“the Register” (“y Gofrestr”) means the register of teachers which the Council are required to establish and maintain in accordance with section 3 of the 1998 Act and these Regulations, and “registration” (“cofrestru”) shall be construed accordingly;

“registered teacher” (“athro neu athrawes gofrestredig”) means a person for the time being registered under section 3 of the 1998 Act;

“school maintained by a local education authority” (“ysgol a gynhelir gan awdurdod addysg lleol”) has the same meaning as in section 142(1) of the School Standards and Framework Act 19988;

“special school” (“ysgol arbennig”) has the same meaning as in section 337(1) of the Education Act 19969;

“teacher who has passed the threshold” (“athro neu athrawes sydd wedi croesi'r trothwy”) means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as having passed the performance threshold determined by the Secretary of State, or who has been so certified by a head teacher or other person under arrangements approved by an assessor; and

“unregistered person” (“person anghofrestredig”) means a person who is not a registered teacher.

(2) Any reference in these Regulations to—

(a)

(a) a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations;

(b)

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears; and

(c)

(c) a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.

2 REGISTRATION OF TEACHERS

PART II

REGISTRATION OF TEACHERS

S-3 Disqualification from registration

Disqualification from registration

3. For the purposes of section 3(3)(d) of the 1998 Act, a person is not eligible for registration if he or she is ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of—

(a) section 11 of the Teaching Council (Scotland) Act 196510;

(b) regulation 9 of the Teachers' (Eligibility) Regulations (Northern Ireland) 199711; or

(c) regulations made under article 36 of the Education (Northern Ireland) Order 199812.

S-4 Applications for registration

Applications for registration

4.—(1) An application for registration shall include —

(a)

(a) the official reference number, if any, assigned to the teacher;

(b)

(b) the applicant’s full name;

(c)

(c) the applicant’s date of birth;

(d)

(d) the applicant’s home address or other contact address; and

(e)

(e) the date on which the applicant qualified as a teacher.

(2) The Council may make further provision as to—

(a)

(a) the form and manner in which applications for registration are to be made; and

(b)

(b) the documentary and other evidence which is to accompany applications for registration.

S-5 Registration on establishment of the Register

Registration on establishment of the Register

5.—(1) On the establishment of the Register, the Council may register persons eligible for registration who have not made applications for registration.

(2) The Council shall send written confirmation of their registration to all persons registered under paragraph (1).

(3) The Council shall provide free of charge a copy of the information recorded on the Register against the name of a person registered under paragraph (1), if that person so requests.

S-6 Content of Register

Content of Register

6.—(1) There shall be recorded in the Register against the names of those registered in it the matters listed in Schedule 1.

(2) The Council may make provision as to additional matters to be recorded in the Register.

S-7 Division of Register into separate parts

Division of Register into separate parts

7. The Council may make provision as to the division of the Register into separate parts.

S-8 Amending entries on the Register

Amending entries on the Register

8. The Council may make provision as to the restoration and alteration of entries on the Register, and the transfer of entries between different parts of the Register.

S-9 Charging of registration fees

Charging of registration fees

9. The Council may make provision—

(a) to charge fees fixed by them with the approval of the National Assembly in respect of—

(i) applications for registration or for the restoration of entries in the Register, and

(ii) the retention of entries in the Register;

(b) for there to be exceptions where fees are not charged; and

(c) for them to refuse an application for registration until the appropriate fee has been paid.

S-10 Removal of entries from the Register

Removal of entries from the Register

10. The Council may make provision as to the removal of entries from the Register where the persons concerned have ceased to be eligible for registration, have failed to pay a registration fee, or otherwise.

S-11 Issue and form of certificates of registration

Issue and form of certificates of registration

11. The Council may make provision as to the issuing of certificates of registration to registered teachers, and as to the form of such certificates.

S-12 Public access to the Register

Public access to the Register

12.—(1) The Council may on receipt of a request from a member of the public inform that person whether or not a person is a registered teacher.

(2) A request under paragraph (1) shall contain such particulars as the Council determine.

(3) The Council may make available the names of teachers on the Register in such manner as the Council determine.

3 CODE OF PRACTICE

PART III

CODE OF PRACTICE

S-13 Issue and revision of Code of Practice

Issue and revision of Code of Practice

13. The Council may issue and from time to time revise a Code of Practice laying down standards of professional conduct and practice expected of registered teachers.

S-14 Provision of copies of the Code of Practice

Provision of copies of the Code of Practice

14.—(1) The Council shall make copies of the Code of Practice available free of charge to all registered teachers —

(a)

(a) when the Code of Practice is first issued or on a teacher’s first registration (if the teacher was not a registered teacher when the Code of Practice was first issued); and

(b)

(b) if the Council so determine, when the Code of Practice is revised.

(2) The Council may make available a copy of the Code of Practice at any website maintained by them on the internet, and if they do so, it shall be free of charge.

(3) Subject to paragraphs (1) and (2), the Council shall on request provide copies of the Code of Practice on payment of such reasonable charge as they shall decide.

4 SUPPLY OF INFORMATION

PART IV

SUPPLY OF INFORMATION

S-15 Supply of information to teachers and others

Supply of information to teachers and others

15.—(1) The Council shall supply a registered teacher, upon request, with a copy of the information...

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