Teaching Council (Scotland) Act 1965

The General CouncilS

1 Establishment of General Teaching Council for Scotland.S

(1)There shall be a body, to be called the General Teaching Council for Scotland (in this Act referred to as “the Council”), which shall have in relation to Scotland the functions assigned to it by or under this Act.

(2)The Council shall be constituted in accordance with Part I of Schedule 1 to this Act; and the supplementary provisions contained in Part II of that Schedule shall have effect with respect to the Council.

[F1(2A)The principal aims of the Council in exercising their functions shall be—

(a)to contribute to improving the quality of teaching and learning; and

(b)to maintain and improve teachers’ standards of professional competence.]

[F2(3)In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the M1Disability Discrimination Act 1995.]

[F3(4)In exercising their functions the Council shall have regard to the interests of the public.]

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Amendments (Textual)

F1S. 1(2A) inserted (13.10.2000) by 2000 asp 6, s. 45(1)(a); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F2S. 1(3) inserted (1.10.1998) by 1998 c. 30, s. 16 (with s. 42(8)); S.I. 1998/2215, art. 2

F3S. 1(4) added (13.10.2000) by 2000 asp 6, s. 45(1)(b); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Marginal Citations

General Functions of CouncilS

2 Standards for entry to the teaching profession.S

(1)It shall be the duty of the Council to keep under review the standards of education, training and fitness to teach appropriate to persons entering the teaching profession and to make to the Secretary of State from time to time such recommendations with respect to those standards as they think fit.

(2)Without prejudice to the foregoing subsection the Council may in particular make to the Secretary of State recommendations as to the [F4matters] which, in their view, should be prescribed by him under [F5, or determined by virtue of,][F4section 7(1)(b) to (d)] of this Act.

(3)It shall also be the duty of the Council to consider, and make to the Secretary of State from time to time recommendations on, such other matters relating to the education, training [F6, career development] and fitness to teach of teachers as they think fit or as may be referred to them by the Secretary of State.

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Amendments (Textual)

F6Words in s. 2(3) inserted (13.10.2000) by 2000 asp 6, s. 45(2); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

3 Supply of teachers.S

It shall be the duty of the Council to consider, and make to the Secretary of State from time to time recommendations on, such matters (other than remuneration or conditions of service) relating to the supply of teachers as they think fit or as may be referred to them by the Secretary of State.

4 Secretary of State to have regard to recommendations.S

In exercising his functions under the Education (Scotland) Acts 1939 to 1965 the Secretary of State shall have regard to any recommendations made to him by the Council under the two last foregoing sections.

[F74A Additional functionsS

(1)The Scottish Ministers may by order confer or impose on the Council such additional functions as the Scottish Ministers consider it would be appropriate for the Council to discharge in connection with any of the Council’s functions under this Act.

(2)Before making an order under subsection (1) above, the Scottish Ministers shall—

(a)consult the Council; and

(b)carry out such other consultation as appears to them to be appropriate.]

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Amendments (Textual)

F7S. 4A inserted (13.10.2000) by 2000 asp 6, s. 45(3); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

5 Colleges of education.S

(1)It shall be the duty of the Council—

(a)to keep themselves informed of the [F8education and training of teachers] in [F9relevant institutions], and

(b)to undertake such other functions in relation to [F9relevant institutions] as may be [F10conferred or imposed on them by virtue of section 4A(1) of this Act.]

(2)For the purposes of their duty under paragraph (a) of the foregoing subsection the Council may appoint on such terms as may be agreed persons to visit [F9relevant institutions] on their behalf, and it shall be the duty of those visitors to report to the Council as to the general content and arrangement of the courses of instruction provided in the [F9relevant institutions] visited by them; but no such visitor shall interfere with the giving of any instruction or with the conduct of any examination.

(3)Where it appears to the Council (as a result of a report under the last foregoing subsection or otherwise) that any change should be made in the general content or arrangement of the courses of instruction provided in any [F9relevant institution] the Council may make recommendations in that behalf to the governing body of that [F9institution]; and if, after consultation between the Council and the governing body, and any resulting modification by the Council of the recommendations, the governing body refuses to accept the recommendations (or, as the case may be, the recommendations as modified) the Council may report the circumstances to the Secretary of State.

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Amendments (Textual)

F10Words in s. 5(1)(b) substituted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(2); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

[F115A General advice and publication of advice and recommendationsS

The Council may give advice of a general nature, on any matter relevant to their functions (whether or not it is a matter as respects which they may make recommendations under any other provision of this Act), to any person or body; and they may publish any such advice or recommendations.]

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Amendments (Textual)

F11S. 5A inserted (13.10.2000) by 2000 asp 6, s. 45(4); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

[F125B Supply of information relating to teachersS

(1)The Council shall supply to the General Teaching Council for England and the General Teaching Council for Wales such information as it is necessary or desirable for the Council in question to have for the purpose of carrying out any of the functions conferred on them by or under the Teaching and Higher Education Act 1998 (c.30).

(2)Once the General Teaching Council for Northern Ireland is established, subsection (1) above shall apply in relation to that Council and to the functions conferred on them by or under the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) as that subsection applies in relation to, and to the functions of, the General Teaching Council for England and the General Teaching Council for Wales.

(3)Subsections (1) and (2) above do not limit the circumstances in which information may be supplied other than by virtue of this section and are without prejudice to section 9A of this Act.]

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Amendments (Textual)

F12S. 5B inserted (13.10.2000) by 2000 asp 6, s. 45(4); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Register of TeachersS

6Establishment of register.S

(1)It shall be the duty of the Council to establish and keep a register containing the names, addresses and such qualifications and other particulars as may be prescribed, of persons who are entitled under the following provisions of this section to be registered therein and who apply in the prescribed manner to be so registered.

(2)Any person shall be entitled to be registered if—

(a)he is a certificated teacher, or

(b)having fulfilled the requirements prescribed by the Secretary of State under the next following section, he has been duly recommended by the governing body of a [F13relevant institution] to the Council for registration; or

[F14(ba)in the case of a person who is not entitled to be registered under either of the two foregoing paragraphs, he fulfils such requirements as the Secretary of State may by regulations made under this paragraph prescribe; or]

(c)in the case of a person who is not entitled to be registered under [F15paragraphs (a) to (ba) above], his education, training, fitness to teach and experience are such as, in the opinion of the Council, to warrant his registration; or

(d)having been a certificated teacher whose certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act, his registration has been directed by the Disciplinary [F16Sub-committee by virtue of paragraph (d) of section 10C(1)] of this Act or, in a case not falling under that paragraph, by the Council:

Provided that the entitlement of any person to be registered by virtue of this subsection shall, in a case referred to the Disciplinary [F17Sub-committee by virtue of section 10B(1)(b)] of this Act, be subject to any direction by that [F18Sub-committee under section 11(8)] of this Act.

[F19(2A)Before making regulations under subsection (2)(ba) above the Secretary of State shall consult the Council and such organisation as appears to him to be representative of the interests of education authorities.

(2B)Regulations made by the Secretary of State under subsection (2)(ba) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

(3)For avoidance of doubt it is hereby declared that a person shall not be entitled to be registered by virtue of paragraph (c) of the last foregoing subsection if he has been a certificated teacher and his certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act.

(4)The Council may make rules with respect to the form and keeping of the register, and the making of entries and alterations therein; and rules made under this subsection may in particular—

(a)[F20subject to subsection (5B) below,] provide for the registration of a person to be provisional until such conditions as may be prescribed in that behalf are satisfied, and for the cancellation of provisional registration in such circumstances as may be prescribed;

(b)provide for the payment of such fees as [F21the Council think appropriate] in relation to registration;

[F22(c)provide for the removal of a name from the register on a failure—

(i)to pay a prescribed fee and for its re-registration in the register on the making of the prescribed application in that behalf and on payment of that fee and any additional fee;

(ii)to supply information, or details of a change in information, within such reasonable period as may be intimated to the person by the Council provided that such intimation was given after the person had already failed to supply timeously, under subsection (5C) below, the information or details and for its re-registration in the register on the making of the prescribed application in that behalf, the supplying of the information or details and the payment of a fee,

prescribed in respect of the re-registration;]

(d)provide for the issue of certificates of registration;

(e)prescribe anything required or authorised by this section to be prescribed;

(f)make such consequential, ancillary and incidental provisions as appear to the Council to be expedient for the purposes of the rules;

and in this section (except in [F23subsection (2)(b) and (ba)] thereof) “prescribed” means prescribed by the Council in rules made under this subsection.

(5)Rules made under the last foregoing subsection prescribing fees may provide for the charging of different fees in different classes of case.

[F24(5A)Before making any rules under this section in respect of any matter which is, or may be, the subject of regulations under section 1 of the M2Teaching Council (Scotland) Act 1971, the Council shall consult the Secretary of State.]

[F25(5B)The Council may with the consent of the Secretary of State make rules under subsection (4)(a) above in respect of persons entitled to be registered by virtue of regulations made under subsection (2)(ba) above.]

[F26(5C)A person whose name is contained in the register shall, within such period as may be prescribed, supply the Council with—

(a)details of any change in the information recorded against that name in the register if it is a change of such kind as may be prescribed;

(b)such information as may be prescribed, being information of a kind not already so recorded.]

(6)Rules made under subsection (4) of this section shall be published in such manner as the Council may determine and shall be so made as not to come into force before the expiration of one month from the date on which they are so published.

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Subordinate Legislation Made

P1S. 6(2)(ba) power exercised by S.I.1991/1136

Amendments (Textual)

F16Words in s. 6(2)(d) substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(3)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F17Words in proviso to s. 6(2) substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(3)(b)(i); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F18Words in proviso to s. 6(2) substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(3)(b)(ii); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F22S. 6(4)(c) substituted (13.10.2000) by 2000 asp 6, s. 47(2)(a); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F26S. 6(5C) inserted (13.10.2000) by 2000 asp 6, s. 47(2)(b); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Marginal Citations

[F276A Further provision as to keeping of registerS

(1)After consultation with the Council, the Scottish Ministers may, by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament, make regulations requiring rules under section 6(4) of this Act—

(a)to make such provision as to the form and manner in which the register is to be kept as shall be specified in the regulations; and

(b)to prescribe matters (being matters specified in the regulations) which are to be recorded in the register.

(2)The Council shall, within one month after any regulations made under subsection (1) above come into force, make and publish such rules, revocations or amendments as the regulations make requisite.]

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Amendments (Textual)

F27S. 6A inserted (13.10.2000) by 2000 asp 6, s. 47(1); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

7 Conditions for recommendation for registration.S

[F28(1)Subject to the following provisions of this section, the Secretary of State may make regulations as to—

(a)the provision of education and training for teachers in relevant institutions;

(b)the admission of students to courses of education and training for teachers;

(c)matters connected with the recommendation of students by the governing bodies of such institutions to the Council for registration; and

(d)so far as it relates to the matters mentioned in paragraphs (b) and (c) above, the fitness of persons to become teachers.

(2)Regulations under subsection (1) above may contain provision—

(a)as to the content, nature and duration of courses of education and training for teachers provided by relevant institutions and as to requirements for the assessment of students participating in such courses;

(b)as to the functions of the governing bodies, the principals and members of staff of relevant institutions;

F29(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)as to such matters as are to be determined or approved by the Secretary of State or by such persons as may be prescribed,

and such regulations may make different provision for different institutions or classes of institution and for different circumstances.]

(3)Without prejudice to section 4 of this Act the Secretary of State shall, before making regulations under this section, consider any relevant recommendation and, unless he considers it inexpedient to do so, shall make regulations under this section giving effect to that recommendation, or, if any modification to the recommendation is approved both by the Secretary of State and by the Council, the recommendation as so modified.

(4)If the Secretary of State considers that it is inexpedient to make regulations giving effect to any relevant recommendation, but no modification thereof is approved as aforesaid and the recommendation is not withdrawn, the Secretary of State may either—

(a)refuse to make regulations giving effect to the recommendation, or

(b)make regulations giving effect to the recommendation modified in such manner as he thinks fit.

(5)If the Secretary of State proposes to make regulations under this section otherwise than in consequence of a relevant recommendation he shall, before publishing a draft thereof in pursuance of [F30subsection (8A) of this section], afford to the Council an opportunity of considering the draft and shall have regard to representations made by them.

(6)If the Secretary of State refuses to make regulations under this section giving effect to a relevant recommendation he shall, as soon as may be, publish in such manner as he thinks fit a statement of the terms of the recommendation and his reasons for refusing to make regulations giving effect to it.

(7)If the Secretary of State proposes to make regulations under this section—

(a)in the circumstances mentioned in subsection (4)(b) above, or

(b)in the circumstances mentioned in subsection (5) above, and without giving effect to any representations made by the Council under that subsection,

he shall, when publishing a draft of the regulations in pursuance of [F31subsection (8A) of this section], publish in such manner as he thinks fit a statement of the terms of the relevant recommendation, his reasons for modifying it and, if the Council have notified him of any objections to the modifications, those objections; or, as the case may be, a statement of any representations made by the Council under the said subsection (5) and his reasons for not giving effect to them.

(8)[F32Subsections (1), (4) and (5) of section 144 of the Act of 1962] shall apply to the making of regulations under this section as [F32they apply] to the making of the regulations referred to in that section.

[F33(8A)The Secretary of State shall, not less than forty days before making regulations under this section, cause a draft of the regulations to be published and send a copy thereof to every education authority, and shall have regard to any representations made by an education authority or by any person interested before he makes the regulations; and the regulations may be made in the same form as in the published draft or in an amended form.]

(9)In this section “relevant recommendation” means a recommendation made by the Council under section 2(2) of this Act.

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Amendments (Textual)

F29S. 7(2)(c) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3, Sch. Pt. I (subject to transitional provisions in art. 4)

8 Principles for entitlement to registration under s. 6(2)(c).S

The Council shall from time to time prepare, and publish in such manner as they think fit, a statement specifying the principles to which they will have regard in considering, for the purpose of section 6(2)(c) of this Act, whether a person’s education, training, fitness to teach and experience warrant his registration.

9 Penalty for false representations etc. to obtain registration.S

If a person—

(a)procures or attempts to procure the entry of any name on the register by wilfully making or producing or causing to be made or produced, either orally or in writing, any declaration, certificate or representation which he knows to be false or fraudulent, or

(b)falsely or fraudulently holds himself out to be registered,

he shall be liable on summary conviction to a fine not exceeding [F34level 3 on the standard scale].

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Amendments (Textual)

[F359A Provision of information contained in registerS

The Council shall, after consultation with the Scottish Ministers, with the education authorities and with such bodies as appear to the Council to represent other employers of registered teachers, make rules with respect to there being made available for inspection (by such means, in such form and within such time as may be prescribed in the rules) information contained in the register; and such rules may make—

(a)provision as to the circumstances and form in which and the conditions subject to which that information may be made so available; and

(b)different provision for different classes of information, for different classes of person to whom information is made so available and for different classes of case.]

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Amendments (Textual)

F35S. 9A inserted (13.10.2000) by 2000 asp 6, s. 48; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

[F369B Notification of dismissal etc. to CouncilS

The employer of a registered teacher shall—

(a)on dismissing the teacher on grounds of—

(i)misconduct; or

(ii)incompetence;

(b)on the teacher resigning, or abandoning his position, in circumstances where, but for the resignation or abandonment—

(i)he would have been dismissed on grounds of misconduct; or

(ii)his dismissal on grounds of misconduct would have been considered by the employer; or

(c)on the teacher resigning, or abandoning his position, after being informed by the employer that a disciplinary hearing is to be held by the employer as respects the teacher’s alleged incompetence,

forthwith notify the Council of the dismissal, resignation or abandonment; and the employer shall in so doing provide the Council with an account of the circumstances which led to the dismissal or which were present when the resignation or abandonment took place.]

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Amendments (Textual)

F36S. 9B inserted (13.10.2000 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 49; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

[F379C Provision of other information to Council by employerS

The employer of a registered teacher shall, when requested to do so by the Council, provide the Council with such information as respects that teacher as the Council may reasonably require in connection with the exercise of the functions assigned to them under this Act.]

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Amendments (Textual)

F37S. 9C inserted (13.10.2000 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 49; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Disciplinary ProvisionsS

[F3810 Constitution of Professional Conduct Committee and Investigating and Disciplinary Sub-committeesS

(1)The Council shall set up from their own number a committee, to be known as the Professional Conduct Committee; and that committee shall have two sub-committees, to be known respectively as the Investigating Sub-committee and the Disciplinary Sub-committee.

(2)The members of either sub-committee may include persons who, though members of the Council, are not members of the Professional Conduct Committee.

(3)A majority of the members of the Council appointed to—

(a)the Professional Conduct Committee;

(b)each of the sub-committees, shall be registered teachers.

(4)No member of the Council shall be a member of both sub-committees in their consideration of any one case.

(5)The Council shall make rules regulating—

(a)subject to the provisions of this section, the membership of the committee and of each of the sub-committees; and

(b)the times and places of meetings, the quorum and the method of summoning the members of the Disciplinary Sub-committee.

(6)The provisions of Schedule 2 to this Act shall have effect with regard to the procedure of the Disciplinary Sub-committee.]

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Amendments (Textual)

F38Ss. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

[F3910A The Professional Conduct CommitteeS

(1)Without prejudice to subsections (2) and (3) below, the Professional Conduct Committee shall have the functions of—

(a)formulating and keeping under review the policy of the Council as respects the professional conduct of teachers; and

(b)overseeing the actings of its own sub-committees.

(2)Where the Professional Conduct Committee has been notified by—

(a)a person’s employer (or former employer if the person is for the time being unemployed); or

(b)the Scottish Ministers,

that the person has an illness or some other medical condition and after due inquiry the committee is satisfied that that is so and that the nature of the illness, or condition, and its effect on the person are such as to warrant a direction that the person’s name be removed from the register, the committee may so direct.

(3)The Professional Conduct Committee shall be charged with the duty of considering and determining any application for re-registration of a name in the register where the name was removed by virtue of subsection (2) above.

(4)Schedule 2 to this Act shall apply in relation to proceedings under subsection (2) above before the Professional Conduct Committee as it applies in relation to any proceedings before the Disciplinary Sub-committee; except that in so applying paragraph 2 of that Schedule that paragraph shall be modified as follows—

(a)in sub-paragraph (1)—

(i)in head (a), the words “under section 10B(2) of this Act” shall be disregarded; and

(ii)head (g) shall be disregarded; and

(b)in sub-paragraph (2), heads (b) and (c) shall be disregarded,

and such rules as are, for the purposes of that application, made under the said paragraph 2 shall include rules relating to any need for the person to submit himself for examination by an appropriately qualified practitioner appointed by the committee and permitting the attendance at any such examination of a qualified medical practitioner appointed for that purpose by the person.

(5)When the Professional Conduct Committee directs—

(a)that a person’s name be removed from the register; or

(b)that an application for re-registration be refused,

the committee shall serve on the person notice of the direction; and any such notice shall include a statement of the reasons for the direction.]

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Amendments (Textual)

F39Ss. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

[F4010B The Investigating Sub-committeeS

(1)The Investigating Sub-committee shall be charged with the duty of conducting a preliminary investigation into any case where it appears—

(a)that a registered person may be liable, under or by virtue of any of the provisions of this Act (other than section 10A(2)), to have his name removed from the register; or

(b)that a person who—

(i)has been duly recommended for registration;

(ii)fulfils requirements prescribed under paragraph (ba) of subsection (2) of section 6 of this Act; or

(iii)in the opinion of the Council is a person whose registration is warranted in terms of paragraph (c) of that subsection,

and has applied to be registered may have been convicted of a relevant offence or may otherwise have been guilty of relevant misconduct (irrespective of whether the offence or misconduct took place in Scotland).

(2)If, after fulfilling its duty under subsection (1) above, the Investigating Sub-committee considers it just to do so it shall refer the case to the Disciplinary Sub-committee.

(3)In subsection (1)(b) above—

  • relevant misconduct” means conduct which falls short of the standard expected of a registered teacher; and

  • relevant offence” means an offence other than one having no material relevance to the fitness of the perpetrator to be a registered teacher.]

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Amendments (Textual)

F40Ss. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

[F4110C The Disciplinary Sub-committeeS

(1)The Disciplinary Sub-committee shall be charged with the duty of considering and determining—

(a)any case referred to it by the Investigating Sub-committee;

(b)any application for re-registration of a name in the register;

(c)any second or subsequent application for registration by a person whose original application has been refused in pursuance of its direction under section 11(8) of this Act; and

(d)any application for registration by any person who has been a certificated teacher but whose certificate has been withdrawn on the ground of misconduct, or suspended on that ground, and not restored under any enactment in force before the commencement of this Act.

(2)Subsection (1)(b) above does not apply in respect of—

(a)an application made by virtue of section 6(4)(c) of this Act; or

(b)a name removed by virtue of section 10A(2) of this Act.]

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Amendments (Textual)

F41Ss. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

[F4211 Decisions of the Disciplinary Sub-committeeS

(1)Where a registered person—

(a)has been convicted (whether in Scotland or elsewhere and irrespective of whether the person was a registered person at the time of conviction) of a relevant offence; or

(b)is judged by the Disciplinary Sub-committee to have been guilty of relevant misconduct,

or where the Disciplinary Sub-committee is satisfied that the name of such a person has been registered in error in consequence of any false or fraudulent declaration or representation then the sub-committee may, if it thinks fit, direct that—

(i)the person’s name be removed from the register;

(ii)the person shall be subject to a conditional registration order; or

(iii)a reprimand shall be recorded against the person’s name in the register.

(2)Where a registered person of whom the Council have received notification under section 9B(a)(ii) or (c) of this Act is judged by the Disciplinary Sub-committee to have been guilty of serious professional incompetence and the Sub-committee is satisfied that the nature of the incompetence is such as to warrant the removal of that person’s name from the register, the Sub-committee may direct that it be removed accordingly.

(3)In subsection (1)(ii) above, the reference to a conditional registration order is to an order of the Disciplinary Sub-committee that the person shall continue to be eligible for registration under section 6(2) of this Act but, for such period as may be specified in the order or for an unlimited time, shall comply with such conditions as to employment as a teacher as may be so specified; and if there is a failure so to comply, the Disciplinary Sub-committee may direct that the person’s name be removed from the register.

(4)A person in relation to whom a conditional registration order has been made may apply to the Professional Conduct Committee for variation or revocation of a condition specified in the order; and the committee shall, in determining that application, cause notice of its determination to be served on the person and in relation to any such application no person who was a member of the Disciplinary Sub-committee at the time the condition was imposed shall be entitled to take part in the proceedings of the Professional Conduct Committee.

(5)A notice under subsection (4) above shall include a statement of the sub-committee’s reasons for its determination.

(6)Schedule 2 to this Act shall apply in relation to proceedings under subsection (4) above before the Professional Conduct Committee as it applies to any proceedings before the Disciplinary Sub-committee; except that in so applying paragraph 2 of that Schedule the provisions of that paragraph shall be modified as follows—

(a)in sub-paragraph (1)—

(i)in head (a), the words “under section 10B(2) of this Act” shall be disregarded; and

(ii)head (g) shall be disregarded; and

(b)sub-paragraph (2) shall be disregarded.

(7)Where, in the five years which immediately follow the recording, under subsection (1)(iii) above, of a reprimand against a person’s name no further direction is made under this section by the Disciplinary Sub-committee in respect of that person, the reprimand shall be removed from the register; but the sub-committee may have regard to any past reprimand in fulfilling its duty under section 10C(1) of this Act even though the reprimand has been so removed.

(8)Where a person such as is mentioned in any of sub-paragraphs (i) to (iii) of section 10B(1)(b) of this Act has applied to be registered but is as described in paragraph (a) or (b) of subsection (1) above and, in the opinion of the sub-committee, is in consequence unfit to be registered, the sub-committee may direct that the person’s application be refused.

(9)A person whose—

(a)application for registration has been refused in compliance with a direction—

(i)given by virtue of a determination under section 10C(1)(d) of this Act; or

(ii)under subsection (8) above; or

(b)name is removed from the register in compliance with a direction under subsection (1)(i) or (2) above,

shall not be entitled to be registered, or as the case may be re-registered, except in compliance with a direction of the Disciplinary Sub-committee.

(10)The Disciplinary Sub-committee, in directing that a person’s application for registration, or re-registration, be refused or that a person’s name be removed from the register, may in the direction prohibit the person from applying or, as the case may be, applying again, for a direction under subsection (9) above until the expiration of such period, not exceeding twelve months from the date of the direction, as may be specified in the prohibition.

(11)When the Disciplinary Sub-committee directs that a person’s application for registration or re-registration be refused, or that a person’s name be removed from the register, the sub-committee shall serve on the person notice of the direction; and any such notice shall include a statement of—

(a)the facts found proven in the proceedings before the sub-committee; and

(b)the reasons for the direction.]

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Amendments (Textual)

F42Ss. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch, Pt. II (subject to transitional provisions in art. 4)

[F4311A Temporary suspensionS

(1)Where, as respects a registered person—

(a)a preliminary investigation under section 10B(1) of this Act is pending, the Investigating Sub-committee; or

(b)proceedings under section 10C of this Act are pending, the Disciplinary Sub-committee,

may, if it is satisfied that there is prima facie evidence of circumstances on the basis of which the person’s name might come to be removed from the register, direct that, until the date on which the case is finally disposed of, the entry for the person’s name shall be marked on the register as suspended; but if in determining the case the Disciplinary Sub-committee makes no direction for the removal of the name from the register, it shall direct that the suspension be cancelled and the mark on the register removed accordingly.

(2)When the Investigating Sub-committee or the Disciplinary Sub-committee makes a direction under subsection (1) above, it shall serve notice of the direction—

(a)on the person; and

(b)if the person is in employment as a teacher, on the employer.

(3)Subsections (1) and (2) above shall apply in relation to proceedings under section 10A(2) of this Act and to the Professional Conduct Committee as they apply in relation to proceedings under section 10C of this Act and to the Disciplinary Sub-committee.]

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Amendments (Textual)

F43S. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

[F4411B Notification to employer of outcome of disciplinary proceedingsS

When proceedings in a case such as is mentioned in section 10A(2) or 10C(1)(a) of this Act against a person employed as a teacher are finally disposed of, the Council shall forthwith advise the person’s employers of the outcome of those proceedings.]

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Amendments (Textual)

F44S. 10-11B substituted for ss. 10, 11 (1.11.2001 for specified purposes and otherwiseprosp.) by 2000 asp 6, s. 50; S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

12Appeals.S

[F45(1)Any—

(a)such person as is mentioned in section 10A(2) or in paragraph (a) or (b) of section 11(9) of this Act;

(b)person whose application for re-registration has been refused in compliance with a direction under this Act; or

(c)person whose application for registration has been refused in compliance with a direction of the committee appointed under paragraph 16(1) of Part II of Schedule 1 to this Act,

may, within twenty-eight days after the service on him of notice of the direction in question, appeal against—

(i)that direction; or

(ii)in the case of a direction by the Disciplinary Sub-committee, any prohibition imposed by virtue of section 11(10) of this Act,

to the Court of Session in accordance with such rules as may be made by Act of Sederunt for the purposes of this subsection; and on any such appeal the Court may give such directions in the matter as it thinks proper, including directions as to the expenses of the appeal.

(1A)Any person—

(a)in respect of whom a direction has been made by the Disciplinary Sub-committee, the Investigating Sub-committee or the Professional Conduct Committee and who does not have a right of appeal under subsection (1) above; or

(b)whose application for variation or revocation of a condition specified in a conditional registration order has been refused by the Professional Conduct Committee,

may, within the prescribed number of days after the service on him of notice of the direction or refusal in question, require the Council to review the direction or refusal; and in relation to any such review no person who was a member of the Disciplinary Sub-committee, or as the case may be of the Investigating Sub-committee or the Professional Conduct Committee, at the time the direction, or the decision to refuse the application, was made shall be entitled to take part in the proceedings of the Council.]

(2)No appeal shall lie from a decision of the Court of Session on an appeal under [F46subsection (1) above].

(3)On an appeal under [F46subsection (1) above] the Council shall be entitled to appear as respondent; and, whether they so appear or not, the Council shall be deemed for the purposes of any award of expenses in the appeal to be a party thereto.

[F47(4)No direction under section 10A(2), 11(1) or (2) or 11A(1) of this Act (or section 11A(1) as applied in relation to proceedings under section 10A(2) of this Act) shall take effect until—

(a)where, in accordance with this section, the person concerned—

(i)appeals against the direction, the appeal has been withdrawn or dismissed; or

(ii)requires the Council to review the direction or refusal, the requirement has been withdrawn or the direction or refusal has been upheld; or

(b)in any other case, the twenty-eight days mentioned in subsection (1), or as the case may be the prescribed number of days mentioned in subsection (1A), above have elapsed.

(5)The Council shall make rules as respects the procedure to be followed and the rules of evidence to be observed in proceedings in any review required under subsection (1A) above; but such rules shall not come into force until approved by the Lord President of the Court of Session.

(6)In subsection (1A) above, “the prescribed number of days” means such number of days as may be prescribed by the Council in rules made under this subsection; and different numbers may be so prescribed for different categories of review.

(7)For the purposes of advising the Council on questions of law arising in proceedings in any review required under subsection (1A) above, there shall in all such proceedings be an assessor to the Council who shall be an advocate or solicitor of not less than ten years’ standing appointed by them; and sub-paragraph (2) of paragraph 3 of Schedule 2 to this Act shall apply in relation to such proceedings and to the Council as that sub-paragraph applies in relation to proceedings before the Disciplinary Sub-committee and to that sub-committee.

(8)An assessor may be appointed under this section either generally or for any particular proceedings or class of proceedings and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

(9)The Council shall pay to an assessor appointed under this section remuneration at such rates as may be determined by them with the consent of the Lord President of the Court of Session.]

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Amendments (Textual)

F45S. 12(1)(1A) substituted for s. 12(1) (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 51(1); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F46Words in s. 12(2)(3) substituted (1.11.2001) by 2000 asp 6, s. 51(2); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F47S. 12(4)-(9) substituted for s. 12(4) (1.11.2001) by 2000 asp 6, s. 51(2); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

Miscellaneous and SupplementaryS

13Service of notices.S

Any notice or other document authorised or required to be served under this Act may, without prejudice to any other method of service, be served by registered or recorded delivery post; and for the purpose of the application to this section of section 26 of the M3Interpretation Act 1889 (which relates to service by post) the proper address of a person to whose registration such a notice or other document relates shall, if he is a registered person, be his address on the register.

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Marginal Citations

14Orders.S

(1)Any power conferred by this Act to make an order shall include power to vary or revoke the order by a subsequent order.

(2)Any order made by the Secretary of State under this Act shall be made by statutory instrument; and a statutory instrument containing any such order (except an order under section 18(3) of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

15Financial provisions.S

(1)The Secretary of State may from time to time make to the Council such grants as he thinks fit in respect of expenses incurred or to be incurred by the Council in discharging their functions under this Act, and may make to the Council such loans as he thinks fit in respect of the initial expenses incurred or to be incurred by the Council in establishing the register.

(2)Where the Secretary of State incurs expenses under paragraph 2 of Schedule 1 to this Act in connection with the first election of the Council he shall be deemed to have made to the Council a loan of an amount equal to the amount of the expenses incurred.

(3)Any loan made, or deemed to be made, to the Council by the Secretary of State under the foregoing provisions of this section shall be subject to such terms and conditions, and shall be repaid to him at such times, as he may F48. . ., direct.

(4)Any expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F48Words in s. 15(3) repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I, para. 35(a), Pt.IV

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50S

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Amendments (Textual)

17Interpretation.S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively:—

  • Act of 1962” means the Education (Scotland) Act 1962;

  • [F51education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 (c.44);]

  • [F52establishment” and “residential establishment” have the same meaning as in the M4Social Work (Scotland) Act 1968;]

  • notice” means a notice in writing;

  • [F53the register” means the register kept under section 6(1) of this Act (analogous expressions being construed accordingly) and “registered” includes conditionally or provisionally registered;]

  • [F54relevant misconduct” and “relevant offence” have the meanings given by section 10B(3) of this Act;]

  • teach” means teach in an educational establishment (as defined in section 145 of the Act of 1962) or in an [F52establishment or residential establishment, where school or further education is provided], and “teaching” and “teacher” shall be construed accordingly.

(2)Any [F55other] expression used in this Act and in the Act of 1962 has in this Act, unless the context otherwise requires, the same meaning as it has in that Act.

(3)Any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

[F56(3A)In this Act—

(a)relevant institution” means an institution within the higher education sector which provides courses for the education and training of teachers; and

(b)references to institutions within the higher education sector shall be construed as in Part II of the Further and Higher Education (Scotland) Act 1992.]

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Amendments (Textual)

F51S. 17: Definition of

education authority

inserted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(4)(a); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F53S. 17(1): Definition of “register”substituted (13.10.2000) by 2000 asp 6, s. 52(a); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F54S. 17: Definition of “relevant misconduct”and “relevant offence”inserted (1.11.2001) by 2000 asp 6, s. 52(b); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F55Word in s. 17(2) inserted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(4)(b); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Marginal Citations

18 Short title, extent and commencement.S

(1)This Act may be cited as the Teaching Council (Scotland) Act 1965.

(2)This Act extends to Scotland only.

(3)This Act shall come into operation on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions.

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Modifications etc. (not altering text)

C1Power of appointment conferred by s. 18(3) fully exercised