The Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021

CitationSI 2021/350 (W102)

2021 No. 350 (W. 102)

Education, Wales

The Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021

Made 17th March 2021

Coming into force 1st April 2021

The Welsh Ministers, in exercise of the powers conferred on them by sections 5(1), 13(1), 46(1) and 47(1) of the Education (Wales) Act 20141, having consulted such persons as they consider appropriate, make the following Order.

In accordance with section 47(2) of that Act, a draft of this Order was laid before Senedd Cymru and approved by a resolution of Senedd Cymru2.

S-1 Title and commencement

Title and commencement

1.—(1) The title of this Order is the Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021.

(2) This Order comes into force on 1 April 2021.

S-2 Interpretation

Interpretation

2. In this Order—

the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;

“agent” (“asiant”) has the meaning given in section 37 of the 2014 Act;

“category of registration” (“categori cofrestru”) is to be construed in accordance with section 9(3) of the 2014 Act;

“the Council” (“y Cyngor”) means the Education Workforce Council continued in existence by section 2(1) of the 2014 Act;

“disciplinary order” (“gorchymyn disgyblu”) has the meaning given in section 27(2) of the 2014 Act;

“former registered person” (“cyn-berson cofrestredig”) means a person who has been removed from the register maintained by the Council in accordance with this Order;

“interim suspension order” (“gorchymyn atal dros dro interim”) means a measure which temporarily removes a registered person from the register pending an investigation and a disciplinary hearing;

“the register” (“ygofrestr”) means the register established and maintained by the Council under section 9 of the 2014 Act;

“registered person” (“person cofrestredig”) means (subject to section 27 of the 2014 Act) a person registered in the register established under section 9 (including those registered on a provisional basis) of the 2014 Act.

S-3 Interim suspension orders

Interim suspension orders

3.—(1) The Council may make an interim suspension order in respect of a registered person.

(2) The Council may not make an interim suspension order under paragraph (1) unless it has first convened a hearing to consider whether the requirements for making an interim suspension order have been met.

(3) The Council must appoint such persons as it considers appropriate to a panel to determine a hearing it convenes under paragraph (2).

(4) An interim suspension order may only be made under paragraph (1)—

(a)

(a) before a decision whether or not to make a disciplinary order is made, and

(b)

(b) if the Council considers it necessary in the public interest to make an interim suspension order.

(5) Where the Council makes an interim suspension order under paragraph (1), it must remove the registered person’s name from the register it maintains.

(6) An interim suspension order may not have effect for a period exceeding 18 months (unless it is extended by the High Court; see article 17 (extension of interim supervision orders by the High Court)).

(7) An interim suspension order may only be made under paragraph (1) if it is in accordance with—

(a)

(a) this Order, and

(b)

(b) the rules of procedure made by the Council under article 18.

S-4 Notice of intention to make an interim suspension order

Notice of intention to make an interim suspension order

4.—(1) The Council must give the registered person to whom the proposed interim suspension order relates not less than 10 working days’ notice of the intention to make such an order.

(2) The notice under paragraph (1) must inform the registered person—

(a)

(a) of the nature of the allegations against them, and

(b)

(b) of their rights under article 5.

S-5 Entitlement to appear and make representations

Entitlement to appear and make representations

5. In respect of a hearing convened by the Council at which consideration is being given to the making of an interim suspension order in respect of a registered person, that person is entitled—

(a) to make representations prior to the hearing (whether the person attends the hearing or not),

(b) to appear before the hearing,

(c) to make oral representations at the hearing,

(d) to make written representations at the hearing, and

(e) to be represented and to be accompanied, by any person or persons whom they desire, at the hearing.

S-6 Content of interim suspension order

Content of interim suspension order

6. An interim suspension order must record the—

(a) decision of the Council,

(b) date on which the order is made, and

(c) date on which the order takes effect.

S-7 Date of effect of interim suspension order

Date of effect of interim suspension order

7. An interim suspension order takes effect on the date on which notice of it is served on the person in relation to whom it is made except where the Council otherwise decides in which case it will take effect on the date set out in the order.

S-8 Notice of making of interim suspension order

Notice of making of interim suspension order

8.—(1) The Council must serve a notice of the interim suspension order on the person in relation to whom it is made within 3 working days of the date on which the order is made.

(2) The notice must contain the following information—

(a)

(a) the text of the order,

(b)

(b) a description of the effect of the order,

(c)

(c) the Council’s reasons for making the order, and

(d)

(d) an explanation of the registered person’s right to request that the Council convene a hearing to review the order in accordance with article 12.

(3) The Council must serve notice of the order on the registered person’s present or last employer or employers and, where relevant, agent or agents.

S-9 Right to request public hearing

Right to request public hearing

9.—(1) Subject to paragraph (2), the panel may deliberate in private at any time and for any purpose during or after a hearing.

(2) A registered person or former registered person to whom the proposed interim suspension order relates may request that any hearing pursuant to article 3 or 12 take place in public.

(3) Where a registered person or former registered person requests the hearing take place in public, the panel may exclude the public from a hearing or any part of a hearing—

(a)

(a) where it appears to the panel that it is necessary in the interests of justice to exclude the public, or

(b)

(b) where it is necessary to protect the interests of children.

S-10 Appeals

Appeals

10.—(1) A former registered person in respect of whom an interim suspension order has been made may appeal against the order to the High Court.

(2) An appeal under paragraph (1) must be made within the period of 28 days beginning with the date on which notice of the order is served on the former registered person.

(3) In respect of such an appeal, the High Court may—

(a)

(a) revoke the interim suspension order;

(b)

(b) vary the period for which the interim suspension order is to have effect;

(c)

(c) make no change to the interim suspension order.

(4) The decision of the High Court is final and may not be appealed.

S-11 Revocation of interim suspension order

Revocation of interim suspension order

11. An interim suspension order ceases to have effect if—

(a) prior to carrying out an investigation pursuant to section 26(1) of the 2014 Act the Council determines that there is no case to answer in relation to the proposed interim suspension order,

(b) the Council discontinues an investigation pursuant to section 26(3)(a) or (c) of the 2014 Act3into the conduct that is the subject of the interim suspension order,

(c) the Council has made a decision as to whether or not to impose a disciplinary order, or

(d) following a review pursuant to article 12, the Council determines that the interim suspension order made under article 3 is to be revoked.

S-12 Application for review of an interim suspension order

Application for review of an interim suspension order

12.—(1) A former registered person may request the Council review an interim suspension order that relates to that person—

(a)

(a) before the expiry of 6 months from the date on which—

(i) the interim suspension order was made, or

(ii) the High Court extended, or further extended, the interim suspension order under article 17(2)(b);

(b)

(b) thereafter before the expiry of a subsequent period of 6 months;

(c)

(c) at any time if new evidence becomes available that is relevant to the case or...

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