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The General Teaching Council for Wales (Functions) (Amendment) Regulations 2012

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Explanatory Note

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These Regulations amend the General Teaching Council for Wales (Functions) Regulations 2000 (“the 2000 Regulations”), as a consequence of the Education Act 2011 (“the 2011 Act”), which provides for the abolition of the General Teaching Council for England (“the GTCE”) and makes new provision in relation to the prohibition of persons from carrying out teaching work. The 2000 Regulations also take account of the coming into force of parts of the Public Services Reform (General Teaching Council for Scotland) Order 2011.

Regulation 2(2) of these Regulations substitutes a new provision for regulation 3(a) of the 2000 Regulations. The new provision takes account of the coming into force of parts of the Public Services Reform (General Teaching Council for Scotland) Order 2011, which makes changes to the criteria that will determine removal of a person from the register of teachers in Scotland.

Regulation 2(3) adds a new paragraph to Schedule 1 to the 2000 Regulations which provides that the terms of any prohibition order made by the Secretary of State under section 141B of the Education Act 2002 (“the 2002 Act”), under which a person is prohibited from carrying out teaching work, will be recorded in the register of teachers maintained by the General Teaching Council for Wales. Section 141B is inserted into the 2002 Act by the 2011 Act. The regulation also removes references to the GTCE in paragraphs 22A and 22B of Schedule 1 to the 2000 Regulations.

Regulation 2(4) provides that the terms of any prohibition order made by the Secretary of State under section 141B of the 2002 Act under which a person is prohibited from carrying out teaching work may be supplied to employers and others. The regulation also removes references to the GTCE in paragraphs 13A and 13B of Schedule 2 to the 2000 Regulations.

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