Teaching and Higher Education Act 1998

Investigation, hearing and determination of disciplinary cases E+W

1 (1) Regulations may make provision for and in connection with the investigation by the Council of cases where— E+W

(a) it is alleged that a registered teacher—

(i) is guilty of unacceptable professional conduct or serious professional incompetence, or

(ii) has been convicted (at any time) of a relevant offence, or

(b) it appears to the Council that a registered teacher may be so guilty or have been so convicted,

and the hearing and determination by the Council of such cases where it is found on investigation that a registered teacher has a case to answer.

(2) The regulations may, in particular, make provision—

(a) requiring the Council, where any proceedings are being taken against any person under this Schedule—

(i) to serve a notice on him outlining the case against him, and

(ii) to give him the opportunity of appearing and making oral representations;

(b) entitling such a person to be represented, by any person whom he desires to represent him, at any hearing of the Council at which his case is considered;

(c) requiring the Council, where they do not find the case against such a person proved, to publish at his request a statement to that effect;

(d) empowering the Council to require persons to attend and give evidence or to produce documents or other material evidence;

(e) about the admissibility of evidence;

(f) enabling the Council to administer oaths;

(g) for the procedure to be followed by the Council in connection with proceedings under this Schedule to be such as may be specified in or determined under the regulations.

(3) No person shall be required by virtue of the regulations to give any evidence or produce any document or other material evidence which he could not be compelled to give or produce in civil proceedings in any court in England and Wales.

(4) The regulations may make provision for any functions conferred on the Council by virtue of sub-paragraph (1) to be excluded or restricted in such manner as may be specified in or determined under the regulations, including such provision for excluding or restricting any such functions as the Secretary of State considers appropriate with a view to taking account [F1 of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 142 of the Education Act 2002 —.

(a) on the grounds that a person is unsuitable to work with children, or

(b) on grounds relating to a person’s misconduct or health.]

[F2 (5) In framing any regulations under section 218(6) of that Act the Secretary of State may similarly take account of the functions conferred on the Council by virtue of sub-paragraph (1) (so far as not excluded or restricted by virtue of sub-paragraph (4)); and any such regulations may include provision with respect to the allocation of cases between the Secretary of State and the Council and the reference of cases by one of them to the other.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 2 para. 1(4)(a)(b) and words substituted (31.3.2003 for W. and otherwise prosp.) for words by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 86(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F2 Sch. 2 para. 1(5) repealed (31.3.2003 for W. and otherwise prosp.) by 2002 c. 32, ss. 215, 216, Sch. 21 para. 86(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II