9.—(1) The functions under these Regulations of an Investigating Committee are excluded in a case where—
(a)it is alleged that a registered teacher is guilty of unacceptable professional conduct or has been convicted (at any time) of a relevant offence, or it appears to them that a registered teacher may be so guilty or have been so convicted; but
(b)the National Assembly or the Secretary of State wishes to consider the case with a view to exercising its or his powers conferred by regulations made under section 218(6) of the Education Reform Act 1988(1) because it raises issues relating to the safety and welfare of persons under the age of 19.
(2) The functions under these Regulations of an Investigating Committee are excluded in a case where—
(a)it is alleged that a registered teacher is guilty of serious professional incompetence or it appears to them that a registered teacher may be so guilty; but
(b)information has not been provided to the Council pursuant to regulation 28 in relation to that teacher.
1988 c. 40. Section 218(6) is amended by section 290(3) of the Education Act 1993 (c. 35) and section 5(4) of the Protection of Children Act 1999 (c. 14). The regulations in force under at the time of making these regulations were the Education (Restriction of Employment) Regulations 2000, S.I. 2000/2419 which apply to both Wales and England.