SCHEDULE 4Fitness to teach: further provision

Legal assessor3

1

The GTCS must appoint a legal assessor to advise it on questions of law arising in proceedings held under paragraph 2.

2

A legal assessor must be an advocate or solicitor of not less than 10 years’ standing.

3

A legal assessor—

a

may be appointed generally or for particular proceedings or types of proceeding;

b

is to be remunerated by the GTCS at such rates as it may determine;

c

otherwise holds and vacates office in accordance with the instrument appointing the legal assessor.

4

The Lord President may, by statutory instrument, make rules relating to the functions of legal assessors.

5

Those rules may, in particular—

a

contain provision for ensuring that every party to proceedings is informed of the legal assessor’s advice to the GTCS;

b

require the GTCS to inform every party to proceedings of any case where it does not accept the legal assessor’s advice;

c

contain such incidental and supplementary provisions as the Lord President considers expedient.

6

The Statutory Instruments Act 19466 applies to any such statutory instrument as if the instrument had been made by a Minister of the Crown.