The Public Services Reform (General Teaching Council for Scotland) Order 2011

Proceedings

2.—(1) The GTCS may hold proceedings in respect of—

(a) an investigation of an individual’s fitness to teach;

(b) a review carried out in pursuance of paragraph 1(2)(b).

(2) The GTCS rules must set out the procedure, the standard of proof and the rules of evidence which are to apply to such proceedings;

(3) The GTCS rules may specify any exceptional circumstances in which such proceedings are not to be held in public (for example, proceedings relating to individuals whose entry in the register is provisional).

(4) The GTCS may administer oaths or affirmations for the purposes of such proceedings.

(5) The Court of Session may, on an application by any party to such proceedings—

(a) order any person to attend proceedings in order to give oral evidence;

(b) order any person to disclose documents or other evidence to the GTCS;

(c) authorise the taking of evidence from any person or the examination of any documents or other evidence held by any person.

(6) But the Court of Session may not order a person to give any evidence, or to disclose anything, which the person would be entitled to refuse to give or disclose in an action in that court.