Education (Northern Ireland) Order 1998

Regulations as to registration N.I.

36.—(1) The Department may by regulations make provision as to—

(a) the eligibility of persons for registration;

(b) the form and manner in which the register is to be kept and other matters relating to registration.

(2) Regulations under paragraph (1)(a) may in particular provide that a person shall not be eligible for registration unless he—

(a) has such qualifications as may be approved by the [F1 Council] ; and

(b) complies with such requirements as may be imposed by or under the regulations in relation to—

(i) age;

(ii) health;

(iii) physical capacity; and

(iv) any other matter specified in the regulations.

(3) Regulations under paragraph (1)(b) may in particular make provision as to—

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

(b) the documentary or 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 charging by the Council of fees authorised by virtue of paragraph (4);

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

(i) have ceased to be eligible for registration;

(ii) have failed to pay any such fee; or

(iii) have in accordance with procedures specified in[F2 or determined under] the regulations been found guilty of misconduct [F3 or serious professional incompetence];

or in such other circumstances as may be specified in the regulations;

(g) the restoration and alteration of entries;

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

(i) 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.

(4) For the purposes of paragraph (3)(e) regulations under this Article may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by the Council with the approval of the Department in respect of —

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

(b) registration in accordance with paragraph (3)(c); or

(c) the retention of entries in the register,

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

[F2 (4A) The Council, in exercising any power to fix fees authorised by virtue of paragraph (4), shall have regard to the expenditure of the Council in exercising—

(a) its functions under this Order relating to registration; and

(b) all other functions conferred on it under this Order or any other statutory provision.]

(5) Regulations under this Article may authorise the Council to make provision in relation to any matter.

F1 Word in art. 36(2)(a) substituted (11.6.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(b), 35; S.R. 2007/42, art. 3

F2 2003 NI 12

F3 Words in art. 36(3)(f)(iii) inserted (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 36