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

Explanatory Note

(This note is not part of the Regulations)

The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 (“the 2001 Regulations”) make provision about the disciplinary functions of the General Teaching Council for Wales (“the Council”). These Regulations amend the 2001 Regulations as a consequence of the Education Act 2011, which provides for the abolition of the General Teaching Council for England (“the GTCE”) and makes new provisions in relation to the prohibition of persons from carrying out teaching work.

Regulation 2(2) of these Regulations amends the definitions provision of the 2001 Regulations to account for the abolition of the GTCE and the new provisions inserted into the Education Act 2002 (“the 2002 Act”) which provide for the Secretary of State to have the power to make a prohibition order prohibiting a person from carrying out teaching work.

Regulation 2(3) of these Regulations amends regulation 9(1)(b) of the 2001 Regulations. The amendment adds a provision whereby an Investigating Committee of the Council, as established under regulation 3(1) of the 2001 Regulations, has no functions in relation to investigation of a registered teacher, in circumstances where the Secretary of State wishes to consider the case with a view to exercising the Secretary of State’s powers under section 141B of the 2002 Act.

Regulation 2(4) of these Regulations substitutes a new provision for regulation 25 of the 2001 Regulations which provides that a prohibition order made by the Secretary of State under section 141B of the 2002 Act will apply in relation to Wales as it applies in relation to England. The previous wording of regulation 25 that has been removed made a similar provision in relation to a disciplinary order made by the GTCE.