Teaching and Higher Education Act 1998

Functions of the General Teaching Council for England E+W

2 Advisory functions of General Teaching Council for England. E+W

(1) The Council shall from time to time advise—

(a) the Secretary of State, and

(b) such other persons or bodies as he may from time to time designate,

on such matters falling within subsection (2) as they think fit.

(2) Those matters are—

(a) standards of teaching;

(b) standards of conduct for teachers;

(c) the role of the teaching profession;

(d) the training, career development and performance management of teachers;

(e) recruitment to the teaching profession; and

(f) medical fitness to teach.

(3) The Council shall also advise the Secretary of State—

(a) on such matters falling within subsection (2), or

(b) on such other matters relating to teaching,

as he may from time to time require.

(4) The Council may be required under subsection (3)(b) to advise the Secretary of State on any matter relevant to a decision by him as to whether any power exercisable by him by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers) should or should not be exercised in any particular case.

(5) The Council may give advice on such matters falling within subsection (2) as they think fit to such persons or bodies as they may from time to time determine.

(6) Any advice given by the Council on matters falling within subsection (2) shall be advice of a general nature.

(7) The Council may publish advice given by them under subsection (1), (3) or (5).

Commencement Information

I1 S. 2 wholly in force at 1.6.2001; s. 2 not in force at Royal Assent see s. 46(4); s. 2(1)-(3)(5)-(7) in force at 1.9.2000 by S.I. 2000/970, art. 3; s. 2(4) in force at 30.4.2001 (W.) and 1.6.2001 (E.) by S.I. 2001/1211, arts. 3, 4

3 Registration of teachers. E+W

(1) The Council shall establish and maintain a register of teachers (“the register”).

(2) The register shall contain the name of every person who is eligible for registration and applies to be registered in the register in accordance with regulations made under section 4.

(3) A person is eligible for registration if he is a qualified teacher within the meaning of section 218(2) of the M1 Education Reform Act 1988 and he is not for the time being—

(a) prohibited from being employed, or otherwise engaged to provide his services, as a teacher as the result of a direction given by the Secretary of State by virtue of section 218(6) of that Act (prohibition or restriction on employment of teachers), or

(b) subject to a disciplinary order made under Schedule 2 to this Act by virtue of which he is not eligible for registration, or

(c) disqualified from being employed as a teacher in any school by virtue of an order made—

(i) by an Independent Schools Tribunal under section 470 of the M2 Education Act 1996, or

(ii) by the Secretary of State under section 471 of that Act, or

(d) (subject to such exceptions as may be prescribed by, or determined by the Secretary of State under, regulations) ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any prescribed provision of the law of Scotland or of Northern Ireland.

(4) Except in such circumstances as may be prescribed, a person is not eligible for registration if, having served an induction period in accordance with regulations under section 19, he has failed to complete it satisfactorily for the purposes of those regulations.

Commencement Information

I2 S. 3 wholly in force at 1.9.2000; s. 3 not in force at Royal Assent see s. 46(4); s. 3(3)(d)(4) in force for certain purposes at 5.4.2000 and for remaining purposes 1.9.2000 and s. 3(1)(2)(3)(a)-(c) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3

Marginal Citations

M1 1988 c. 40.

M2 1996 c. 56.

4 Regulations relating to registration. E+W

(1) Regulations may make provision as to the form and manner in which the register is to be kept and other matters relating to registration.

(2) Regulations under this section may, in particular, make provision as to—

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

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

(c) the registration, on the establishment of the register, of persons who have not made such applications;

(d) the matters which are to be recorded in the register against the names of those registered in it;

(e) the division of the register into separate parts;

(f) the restoration and alteration of entries and their transfer between different parts of the register (where separate parts are required by virtue of paragraph (e));

(g) the charging by the Council of fees authorised by virtue of subsection (4);

(h) the removal of entries from the register in circumstances where the persons concerned—

(i) have ceased to be eligible for registration, or

(ii) have failed to pay any such fee,

or otherwise;

(i) the issue and form of certificates of registration;

(j) the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.

(3) Regulations made in pursuance of subsection (2)(d) may require the recording of any restrictions for the time being in force in relation to a person as the result of—

(a) a direction given by the Secretary of State by virtue of section 218(6) of the M3 Education Reform Act 1988 (prohibition or restriction on employment of teachers), or

(b) a disciplinary order made under Schedule 2 to this Act.

(4) For the purposes of subsection (2)(g) regulations under this section may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by them with the approval of the Secretary of State in respect of—

(a) applications for registration or for the restoration of entries in the register;

(b) registration in accordance with subsection (2)(c); or

(c) the retention of entries in the register;

and the regulations may accordingly authorise the Council to refuse an application falling within paragraph (a) above until the appropriate fee has been paid.

(5) Regulations under this section may authorise the Council to make provision in relation to any matter as to which provision may be made by regulations under this section.

Marginal Citations

M3 1988 c. 40.

Yn ddilys o 06/11/2006

[F1 4A Appeals against refusal of registration E+W

(1) Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him.

(2) The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher.

(3) On such an appeal the Court may make any order which appears appropriate.

(4) No appeal shall lie from any decision of the Court on such an appeal.]

Textual Amendments

F1 S. 4A inserted (prosp.) by 2002 c. 32, ss. 148, 216, Sch. 12 para. 5 (with ss. 210(8), 214(4))

5 Code of practice for registered teachers. E+W

(1) Regulations may make provision for, and in connection with, authorising the Council to issue, and from time to time revise, a code laying down standards of professional conduct and practice expected of registered teachers.

(2) Regulations under this section may, in particular, make provision—

(a) as to the consequences of any failure by a registered teacher to comply with the provisions of the code;

(b) for the provision by the Council of copies of the code, either on payment of a reasonable charge decided by the Council or, in such circumstances as may be determined in accordance with the regulations, free of charge.

(3) Regulations made in pursuance of subsection (2)(a) may provide for any failure by a registered teacher to comply with the provisions of the code to be taken into account in any proceedings against him under Schedule 2.

Yn ddilys o 28/02/2001

6 Disciplinary powers of Council in relation to registered teachers. E+W

Schedule 2 (which makes provision for certain disciplinary powers to be conferred on the Council in relation to registered teachers and persons applying for registration) shall have effect.

Commencement Information

I3 S. 6 wholly in force at 1.6.2001; s. 6 not in force at Royal Assent see s. 46; s. 6 in force at 28.2.2001 (E.W.) for specified purposes by S.I. 2001/1211, art. 2; s. 6 in force insofar as not already in force at 30.4.2001 (W.) and 1.6.2001 (E.) by S.I. 2001/1211, arts. 3, 4

Yn ddilys o 01/10/2002

[F2 6A Power to promote teaching profession E+W

(1) The Council may undertake activities designed to promote the standing of the teaching profession.

(2) Without prejudice to the generality of subsection (1), such activities may include—

(a) giving advice,

(b) organising conferences and lectures, and

(c) arranging for the publication of material in any form.]

Textual Amendments

F2 S. 6A inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 148, Sch. 12 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

7 Additional and ancillary functions of Council. E+W

(1) The Secretary of State may by order confer or impose on the Council such additional functions as he considers they may appropriately discharge in conjunction with any of their other functions under this Chapter.

(2) Before making an order under subsection (1), the Secretary of State shall carry out such consultation as appears to him to be appropriate.

(3) Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to give him such assistance as he may specify in relation to the exercise of his power under section 218(2) of the M4 Education Reform Act 1988 to determine, in accordance with regulations made under that provision, whether a person is a qualified teacher.

(4) Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to maintain records relating to such categories of persons (including persons not eligible to be registered under section 3) as may be prescribed; and the records shall contain such information relating to those persons and be kept in such manner as may be prescribed.

(5) The Council shall carry out such functions ancillary to their functions under this Chapter as the Secretary of State may direct.

Commencement Information

I4 S. 7 wholly in force at 1.9.2000; s. 7 not in force at Royal Assent see s. 46(4); s. 7(1)-(4) in force at 5.4.2000 and s. 7(5) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3

Marginal Citations

M4 1988 c. 40.