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The General Teaching Council for Wales (Functions) (Amendment) Regulations 2004

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Amendment of the General Teaching Council for Wales (Functions) Regulations 2000

2.  The General Teaching Council for Wales (Functions) Regulations 2000(1) are amended as follows —

(a)in regulation 2 —

(i)omit the definition of “the 1988 Act”;

(ii)insert after the definition of “advanced skills teacher” the following definition —

“appropriate body” (“corff priodol”) has the same meaning as in the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003(2);;

(iii)substitute for the definition of “qualified teacher” the following definition —

“qualified teacher” (“athro neu athrawes gymwysedig”) has the same meaning as in section 132(1) of the Education Act 2002(3);;

(b)insert after regulation 3 —

Eligibility for registration

3A.(1) This regulation applies to a person who, having served an induction period in accordance with regulations made in relation to England or Wales under section 19 of the Teaching and Higher Education Act 1998(4), has failed to complete it satisfactorily for the purposes of those regulations.

(2) Such a person is eligible for registration —

(a)during the time for making an appeal under those regulations against the decision that he or she has failed satisfactorily to complete an induction period; and

(b)where such an appeal is made, pending the outcome of the appeal.;

(c)for regulation 4 substitute the following regulation —

4.  The Council may make provision as to —

(i)the form and manner in which applications for registration are to be made; and

(ii)the documentary and other evidence which is to accompany applications for registration.;

(d)in regulation 16, for paragraph (3) substitute the following paragraph —

(3) The following are to be treated as an employer or prospective employer to whom paragraph (1) applies —

(i)a local education authority where the employer or prospective employer is the governing body of a school maintained by that authority (whether or not the governing body has made a request under paragraph (1));

(ii)the appropriate diocesan authority in relation to a Church in Wales or Roman Catholic Church school (within the meaning of section 142 of the School Standards and Framework Act 1998(5)) where the employer or prospective employer is the governing body of the school or the local education authority maintaining the school (whether or not the governing body or the authority have made a request under paragraph (1)); and

(iii)the Ministry of Defence in relation to a person appointed, or being considered for appointment, as a teacher at a school maintained or assisted by the Ministry of Defence.;

(e)in regulation 17(2) insert after the words “the teacher” the words “or other person”;

(f)after regulation 17 insert the following regulations —

Supply of information to the General Teaching Council for Northern Ireland

18.(1) The Council must on request supply the information set out in Schedule 2 in relation to —

(a)a registered teacher; or

(b)an unregistered person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act,

to the General Teaching Council for Northern Ireland.

(2) Where information is supplied under paragraph (1), a condition must be imposed requiring the General Teaching Council for Northern Ireland not to disclose that information to any person other than the teacher or other person to whom the information relates.

Supply of Information to Appropriate Bodies

19.(1) The Council must on request supply the information contained in paragraph 10 of Schedule 2 in relation to —

(i)a registered teacher; or

(ii)an unregistered person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act,

to an appropriate body.

(2) Information is only to be supplied pursuant to paragraph (1) on condition that the appropriate body does not disclose information supplied under this regulation to any person other than the teacher or other person to whom the information relates.;

(g)in Schedule 1 —

(i)in paragraph 16(c) add at the end the words “which the Council considers relevant to employment as a teacher”;

(ii)in paragraph 19 substitute for the words “to his or her employment as a teacher under regulations made under section 218(1) and (2) of the 1988 Act” the words “to the teacher carrying out specified work under regulations made under section 133 of the Education Act 2002”; and

(iii)substitute for paragraph 21 the following paragraph —

21.  The terms of any restriction for the time being in force in relation to the teacher as the result of a direction given by the National Assembly or the Secretary of State under section 142 of the Education Act 2002; and

(h)in Schedule 2 —

(i)for the words “Regulations 16 and 17” adjacent to the heading, substitute the words “Regulations 16, 17, 18 and 19”;

(ii)in paragraph 11 substitute for the words “to his or her employment as a teacher under regulations made under section 218(1) and (2) of the 1988 Act” the words “to the teacher carrying out specified work under regulations made under section 133 of the Education Act 2002”; and

(iii)substitute for paragraph 12 the following paragraph —

12.  The terms of any restriction or particulars of any prohibition for the time being in force in relation to the teacher as the result of a direction given by the National Assembly or the Secretary of State under section 142 of the Education Act 2002..

(3)

2002 c. 32. See the Education (School Teachers' Qualifications) (Wales) Regulations 2004, S.I. 2004/1729 (W.173).

(4)

The regulations in force at the time of making these regulations were, in relation to Wales, the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003, S.I. 2003/543 (W.77), as amended by S.I. 2004/872 (W.87), and in relation to England, the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001, S.I. 2001/2897, as amended by S.I. 2001/3938, S.I. 2002/2063 and S.I. 2003/106.

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