The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision with respect to the disciplinary functions of the General Teaching Council for Wales, a body corporate established under the Teaching and Higher Education Act 1998 with the aims of contributing to improving the standards of teaching and the quality of learning and maintaining and improving the standards of professional conduct amongst teachers in the public interest.

Part II makes provision for committees of the Council to exercise the disciplinary powers conferred on the Council by the 1998 Act in relation to registered teachers and persons applying to the Council for registration. It provides for the establishment of one or more of each of the following types of committee—

(a) Investigating Committees, which will investigate, and determine whether to pursue proceedings against, registered teachers where it is alleged that the teacher is guilty of unacceptable professional conduct or serious professional incompetence, 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 has been so convicted;

(b) Professional Conduct Committees, which will hear professional disciplinary proceedings concerning unacceptable professional conduct and relevant offences and have power to make, and hear applications in relation to, disciplinary orders (prohibition orders, suspension orders, conditional registration orders or reprimands); and

(c) Professional Competence Committees, which will hear professional disciplinary proceedings concerning serious professional incompetence, and have power to make, and hear applications in relation to, disciplinary orders.

Part II also makes provision about the constitution of those Committees and for the Council to make further provision about constitutional matters (regulation 8). Regulation 9 excludes Investigating Committees' functions in certain cases. Regulation 10 to 15 make provision about the proceedings of Committees, including hearings, and regulation 16 enables the Council to make further provision about proceedings. Regulations 18 to 23 make provision about disciplinary orders. Regulation 24 provides a person against whom a disciplinary order has been made with a right of appeal to the High Court.

Part III requires certain employers of registered teachers to provide the Council with information listed in the Schedule where they dismiss a registered teacher on the grounds of incompetence or where they would have dismissed the teacher or considered dismissal on such grounds had he or she not resigned first.