Teaching Council (Scotland) Act 1965

JurisdictionUK Non-devolved
Citation1965 c. 19


Teaching Council (Scotland)Act 1965

1965 CHAPTER 19

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]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

The General Council

The General Council

S-1 Establishment of General Teaching Council for Scotland.

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.

General Functions of Council

General Functions of Council

S-2 Standards for entry to the teaching profession.

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 tit.

(2) Without prejudice to the foregoing subsection the Council may in particular make to the Secretary of State recommendations as to the conditions which, in their view, should be prescribed by him under section 7 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 and fitness to teach of teachers as they think fit or as may be referred to them by the Secretary of State.

S-3 Supply of teachers.

3 Supply of teachers.

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.

S-4 Secretary of State to have regard to recommendations.

4 Secretary of State to have regard to recommendations.

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.

S-5 Colleges of education.

5 Colleges of education.

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

(a ) to keep themselves informed of the nature of the instruction given in colleges of education, and

(b ) to undertake such other functions in relation to colleges of education as may be assigned to them by the Secretary of State by regulations made under section 81 of the Act of 1962 after consultation with the Council and with the governing bodies of such of those colleges as appear to him to be concerned;

and the power to make regulations conferred on the Secretary of State by the said section 81 shall include power to make regulations for the purposes of paragraph (b ) of this subsection.

(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 colleges of education 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 colleges of education 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 college of education the Council may make recommendations in that behalf to the governing body of that college; 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.

Register of Teachers

Register of Teachers

S-6 Establishment of register.

6 Establishment 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 college of education to the Council for registration; or

(c ) in the case of a person who is not entitled to be registered under either of the two foregoing paragraphs, 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 Committee under paragraph (d ) of section 10(3) 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 Committee under section 10(2)(b ) of this Act, be subject to any direction by that Committee under section 11(2) of this Act.

(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 ) 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 may be prescribed, with the approval of the Secretary of State, in relation to registration;

(c ) provide for the removal of a name from the register on a failure to pay a prescribed fee and for its restoration to the register on the making of the prescribed application in that behalf and on payment of that fee and any additional fee prescribed in respect of the restoration;

(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 subsection (2)(b ) 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.

(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.

S-7 Conditions for recommendation for registration.

7 Conditions for recommendation for registration.

(1) Subject to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT