The Education Workforce Council (Main Functions) (Wales) Regulations 2015

Exclusion or restriction of Committees’ powers

27.—(1) An Investigating Committee’s functions under Part 5 of these Regulations are excluded in a case where—

(a) it is alleged that a registered person is guilty of unacceptable professional conduct or has been convicted (at any time) of a relevant offence, or it appears to it that a registered person may be so guilty or have been so convicted; and

(b) the Secretary of State considers that the case concerns the safety and welfare of persons who have not attained the age of 18 and wishes to consider the case with a view to exercising their powers under section 141B of the Education Act 2002 on the grounds—

(i) that a person is unsuitable to work with children, or

(ii) relating to a person’s misconduct or health, or

(c) the Disclosure and Barring Service, established by section 87(1) of the Protection of Freedoms Act 2012(1), has included, or is considering whether to include, a registered person in either of the barred lists maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006(2).

(2) An Investigating Committee’s functions under Part 5 of these Regulations are excluded in a case where—

(a) it is alleged that a registered person is guilty of serious professional incompetence or it appears to it that a registered person may be so guilty; and

(b) information has not been provided to the Council pursuant to Part 7 of these Regulations which the Investigating Committee considers is necessary to enable it to carry out its functions under Part 5 of these Regulations.

(1)

2012 c. 9.

(2)

2006 c. 47.