Search Legislation

The Teaching Council (Scotland) (Legal Assessor) Rules 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Functions of legal assessor

2.—(1) In any proceedings before—

(a)the Council in any review under section 12(1A) of the Act; or

(b)the Sub-Committee,

the legal assessor shall advise the Council or Sub-Committee, as the case may be, on any questions of law arising in those proceedings in accordance with the following provisions of this rule.

(2) The legal assessor shall during any such proceedings give the Council or Sub-committee such advice as is necessary to enable the proceedings to be conducted in accordance with rules made by the Council under section 12(5) of and paragraph 2 of Schedule 2 to the Act.

(3) Where in any such proceedings the stage is reached when the Council or Sub-Committee proposes to retire to consider its decision in private, the legal assessor shall, immediately before the Council or Sub-Committee, as the case may be, retires, advise it on all questions of law to which it should have regard in its deliberations.

(4) The legal assessor may give the advice mentioned in paragraphs (2) and (3) at any time when in the course of proceedings the Council or the Sub-committee, as the case may be, is considering any matter or question in private.

(5) Any advice given by the legal assessor to the Council or the Sub-committee under this rule shall—

(a)be given in the presence of and in such manner as to be audible to all parties to the proceedings;

(b)subject to paragraph (6), if given while the Council or the Sub-committee, as the case may be, is deliberating in private, be intimated to the parties as soon as reasonably practicable and before any decision is pronounced.

(6) If the legal assessor considers that it is necessary for any advice given by him to the Council or Sub-committee in private to be intimated to the parties immediately, the parties shall be recalled forthwith and the advice intimated to them.

(7) Every party shall be given the opportunity to comment on any advice given to the Council or the Sub-committee by the legal assessor under this rule.

(8) The legal assessor may, following any comments made under paragraph (7) give such further advice to the Council or Sub-committee as he considers necessary.

(9) If the Council or the Sub-committee does not accept any advice given by the legal assessor under this rule, a statement to that effect together with its reasons for not accepting it, shall be made on behalf of the Council or the Sub-committee, as the case may be, either during the proceedings or when it gives its decision, if that is given later.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources