1.—(1) These Regulations are called the Education (Supply of Information) (Wales) Regulations 2003 and shall come into force on 31st March 2003.
(2) These Regulations apply to Wales.
2. Regulation 4 of the Education (Restriction of Employment) (Wales) Regulations 2000(1) and regulation 28 of the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001(2) are revoked.
3. Except where the context otherwise requires, in these Regulations —
“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;
“agent” (“asiant”) has the meaning given by section 15A(1) of the 1998 Act;
“arrangements” (“arrangements”) means arrangements of the kind referred to in section 15A(1) of the 1998 Act for a worker to carry out work in Wales;
“Committee” (“Pwyllgor”) means an Investigating Committee, a Professional Competence Committee or a Professional Conduct Committee established under the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001;
“the Council” (“y Cyngor”) means the General Teaching Council for Wales;
“Investigating Committee” (“Pwyllgor Ymchwilio”) means a committee established under regulation 3(1) of the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001;
“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;
“registered teacher” (“athro neu athrawes gofrestredig”) means —
a person for the time being registered under section 3 of the 1998 Act;
a person who was registered under section 3 of the 1998 Act at the time of any alleged conduct or offence on his or her part; or
a person who has made an application to be registered under section 3 of the 1998 Act;
“relevant employer” (“cyflogwr perthnasol”) has the meaning given by section 142 of the Education Act 2002(3);
“relevant issue” (“mater perthnasol”) means an issue which arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of children;
“services” (“gwasanaethau”) means services provided to a relevant employer in Wales and includes professional and voluntary services; and
“worker” (“gweithiwr”) has the meaning given to it by section 15A(1) of the 1998 Act.
4. Where a relevant employer —
(a)has ceased to use a person’s services on a ground —
(i)that the person is unsuitable to work with children;
(ii)relating to the person’s misconduct; or
(iii)relating to the person’s health where a relevant issue is raised, or
(b)might have ceased to use a person’s services on such a ground had the person not ceased to provide those services,
the employer must report the facts of the case and provide all the information listed in Part I of the Schedule that is available to the employer in relation to such person to the National Assembly.
5.—(1) Where a relevant employer —
(a)has ceased to use the services of a person who is a registered teacher on a ground relating to his or her professional incompetence; or
(b)might have ceased to use the services of a person who is a registered teacher on a ground relating to his or her professional incompetence had he or she not ceased to provide those services,
the employer must report the facts of the case and provide all the information listed in Part I of the Schedule that is available to the employer in relation to such person to the Council.
(2) The Council must make all information provided to them under this regulation available to an Investigating Committee.
6. Where an agent —
(a)has terminated arrangements on a ground —
(i)that the worker is unsuitable to work with children;
(ii)relating to the worker’s misconduct; or
(iii)relating to the worker’s health where a relevant issue is raised;
(b)might have terminated arrangements on such a ground if the worker had not terminated them; or
(c)might have refrained from making new arrangements for a worker on such a ground if the worker had not ceased to make himself or herself available for work,
the agent must report the facts of the case and provide all the information listed in Part II of the Schedule that is available to the agent in relation to the worker to the National Assembly.
7.—(1) Where an agent —
(a)has terminated arrangements for a worker who is a registered teacher to carry out work on a ground relating to his or her professional incompetence;
(b)might have terminated arrangements on a ground relating to his or her professional incompetence if the worker had not terminated them; or
(c)might have refrained from making new arrangements for a worker who is a registered teacher on a ground relating to his or her professional incompetence if the worker had not ceased to make himself or herself available for work,
the agent must report the facts of the case and provide all the information listed in Part II of the Schedule that is available to the agent in relation to the registered teacher to the Council.
(2) The Council must make all information provided to them under this regulation available to an Investigating Committee.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)
D. Elis-Thomas
The Presiding Officer of the National Assembly
5th March 2003