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

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Disciplinary orders

35.—(1) A disciplinary order must record the decision of the Fitness to Practice Committee, the date on which the order is made, and the date on which the order takes effect.

(2) A disciplinary order takes effect on the date on which notice of it is served on the person in relation to whom it is made except where a Fitness to Practice Committee otherwise decide.

(3) A Fitness to Practice Committee must serve a notice of the disciplinary order on the person in relation to whom it is made containing the following information—

(a)the text of the order;

(b)a description of the effect of the order;

(c)the Fitness to Practice Committee’s reasons for making the order;

(d)notification of the registered person’s right to appeal to the High Court against the order and the time period for making such an appeal;

(e)where the order is a conditional registration order, an explanation of—

(i)the steps a Fitness to Practice Committee are empowered to take should the registered person fail to comply with a condition specified in it; and

(ii)that person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application;

(f)where the order is a suspension order which specifies conditions, an explanation of the registered person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application; and

(g)where the order is a prohibition order, an explanation of the registered person’s right to apply for a determination that they are eligible for registration and the method for making such an application.

(4) A Fitness to Practice Committee must serve notice of the order on the registered persons present or last employer and, where relevant, agent.

(5) Where following the determination of a case by a Fitness to Practice Committee it decides not to make a disciplinary order in relation to a registered person, the committee must notify the registered person concerned and their employer—

(a)of its decision and the reasons for it; and

(b)whether it decided that the case against them was not proved.

(6) Where it does not find the case against a registered person proved, a Fitness to Practice Committee must at the registered person’s request publish a statement to that effect.

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