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5. (1) This paragraph applies where the Secretary of State considers that a teacher—
(a)may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute; or
(b)has been convicted (at any time) of a relevant offence(1).
(2) Where paragraph (1) applies the Secretary of State must—
(a)inform the teacher of the allegation that has been made against the teacher; and
(b)give the teacher an opportunity to—
(i)submit evidence and make representations in writing; and
(ii)comment on any other relevant evidence.
(3) The Secretary of State may require any person to produce documents or other material evidence for the purposes of making the decision referred to in paragraph (4).
(4) The Secretary of State must consider all relevant evidence, representations and comments and decide whether the case should be—
(b)considered by a professional conduct panel,
and must inform the teacher of such decision.
(5) Where the Secretary of State decides that the case should be discontinued, the Secretary of State must at the request of the teacher publish a statement to that effect.
See section 141B(4) Education Act 2002 for the definition of “relevant offence”
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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