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The Education (General Teaching Council for Northern Ireland) (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

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Statutory Rules of Northern Ireland

2009 No. 370

Education

The Education (General Teaching Council for Northern Ireland) (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

Made

13th November 2009

Coming into operation

21st December 2009

The Department of Education, in exercise of the powers conferred by Articles 34(2), 35(2), 36(1) to (3) and 90(3) of and paragraph 1 of Schedule 1 to the Education (Northern Ireland) Order 1998(1) makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Education (General Teaching Council for Northern Ireland) (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 and come into operation on 21st December 2009.

Amendments to the General Teaching Council for Northern Ireland (Constitution) Regulations (Northern Ireland) 2001

2.—(1) The General Teaching Council for Northern Ireland (Constitution) Regulations (Northern Ireland) 2001(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 4 (Eligibility for election, appointment and to vote in elections) after sub-paragraph (c) of paragraph (2) add—

(d)he is barred from regulated activity relating to children in accordance with Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(3).

(3) In regulation 8 (Term of office) after sub-paragraph (c) of paragraph (4) add—

(d)he is barred from regulated activity relating to children in accordance with Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Amendments to the General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004

3.—(1) The General Teaching Council for Northern Ireland (Registration of Teachers) Regulations (Northern Ireland) 2004(4) are amended in accordance with paragraph (2).

(2) For regulation 3 (Disqualification from registration), substitute—

3.  For the purposes of Article 35 of the 1998 Order, a person is not eligible for registration unless he is a qualified teacher or if he is not eligible to teach, or disqualified from being a teacher in any school, by virtue of—

(a)section 3(3)(d) of the Teaching and Higher Education Act 1998(5);

(b)section 11 of the Teaching Council (Scotland) Act 1965(6);

(c)the Teachers’ (Eligibility) Regulations (Northern Ireland) 1997(7);

(d)regulations made under Article 36 of the 1998 Order;

(e)his inclusion in the list kept under regulation 8 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007(8); or

(f)being barred from regulated activity relating to children in accordance with Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(9).

Sealed with the Official Seal of the Department of Education on 13th November 2009.

Legal seal

La’Verne Montgomery

A senior officer of the

Department of Education

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations respectively amend and re-enact Regulations made under the Education (Northern Ireland) Order 1998 (N.I. 13) in respect of the General Teaching Council for Northern Ireland to reflect changes that arise as a result of the commencement (on the 12th October 2009) of the barring provisions in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (N.I. 11).

A person who is barred from regulated activity relating to children is not eligible to be elected, appointed or to vote in elections to membership of the General Teaching Council for Northern Ireland and must cease to hold office as a member of that Council (Regulation 2).

A person is disqualified from registration as a teacher if he is prohibited from teaching or working with children or is barred from regulated activity relating to children (Regulation 3).

(1)

S.I. 1998/1759 (N.I. 13).as amended by S.I. 2003/424 (N.I. 12), Article 35 and S.I. 2006/1915 (N.I. 11), Articles 35 and 36

(4)

S.R. 2004 No. 38, as amended by the General Teaching Council for Northern Ireland (Approval of Qualifications) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 402).

(6)

1965 c. 19. (Section 11 was amended by section 50 of the Standards in Scotland’s Schools etc (Scotland) Act 2000.

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