Textual Amendments
F1Words in Pt. I Ch. I heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 2; S.I. 2012/924, art. 2
Textual Amendments
F2Word in s. 2 cross-heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 4; S.I. 2012/924, art. 2
(1)Regulations may make provision as to the form and manner in which the register is to be kept and other matters relating to registration.
(2)Regulations under this section may, in particular, make provision as to—
(a)the form and manner in which applications for registration are to be made;
(b)the documentary and other evidence which is to accompany applications for registration;
[F3(ba)the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;]
(c)the registration, on the establishment of the register, of persons who have not made such applications;
(d)the matters which are to be recorded in the register against the names of those registered in it;
(e)the division of the register into separate parts;
(f)the restoration and alteration of entries and their transfer between different parts of the register (where separate parts are required by virtue of paragraph (e));
(g)the charging by the Council of fees authorised by virtue of subsection (4);
(h)the removal of entries from the register in circumstances where the persons concerned—
(i)have ceased to be eligible for registration, or
(ii)have failed to pay any such fee,
or otherwise;
(i)the issue and form of certificates of registration;
(j)the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.
(3)Regulations made in pursuance of subsection (2)(d) may require the recording of any restrictions for the time being in force in relation to a person as the result of—
[F4(a)a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),]
(b)a disciplinary order made under Schedule 2 to this Act.
(4)For the purposes of subsection (2)(g) regulations under this section may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by them with the approval of the Secretary of State in respect of—
(a)applications for registration or for the restoration of entries in the register;
(b)registration in accordance with subsection (2)(c); or
(c)the retention of entries in the register;
and the regulations may accordingly authorise the Council to refuse an application falling within paragraph (a) above until the appropriate fee has been paid.
[F5(4A)The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising—
(a)their functions under this Act relating to registration, and
(b)all other functions conferred on them under this Act or any other enactment.]
(5)Regulations under this section may authorise the Council to make provision in relation to any matter as to which provision may be made by regulations under this section.
[F6(6)In this section “registration” means full registration or provisional registration.]
Textual Amendments
F3S. 4(2)(ba) inserted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 4(2) (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
F4S. 4(3)(a) substituted (31.3.2003 for W., 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 77 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3
F5S. 4(4A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 148, Sch. 12 para. 4(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F6S. 4(6) inserted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 4(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2