The Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

The Education Workforce Council (“the Council”) was continued in existence by section 2 of the Education (Wales) Act 2014 (“the 2014 Act”). Section 4 of the 2014 Act sets out the main functions of the Council. Section 5 of the 2014 Act allows the Welsh Ministers to make an order conferring or imposing additional functions on the Council.

This Order confers additional functions on the Council relating to the imposition, review, extension and revocation of interim suspension orders.

Article 3 of this Order provides for the making of an interim suspension order. Article 3(1) confers on the Council the function of making an interim suspension order in respect of a registered person. Article 3(2) provides that the Council must convene a hearing to consider whether the requirements for making an interim suspension order have been met. Article 3(3) provides that the Council appoint persons to an independent panel to determine any hearing it convenes under paragraph (2). Article 3(4) provides for the circumstances under which an interim suspension order is to be made. Article 3(5) provides that where an interim suspension order is made, the name of the registered person to whom it relates must be removed from the register the Council maintains. Article 3(6) provides that an interim suspension order may not have effect for a period of more than 18 months (unless it is extended by virtue of an application to the High Court pursuant to article 17).

Article 4 of this Order makes provision in relation to the minimum period of notice the Council must give the registered person of its intention to make an interim suspension order.

Article 5 of this Order gives the registered person a right to appear, to be accompanied, to be represented and to make both written and oral representations at a hearing convened to consider the making of an interim suspension order.

Article 6 of this Order provides for the content of an interim suspension order.

Article 7 of this Order provides for the effective date of an interim suspension order.

Article 8 of this Order makes provision about the content of the notice of the making of an interim suspension order and on whom the notice should be served. Article 20 makes provision as to when notice is deemed to have been served on the registered person.

Article 9 of this Order provides the registered person with the right to a public hearing in respect of the making of an interim suspension order and in respect of the review of that order pursuant to article 12 of this Order. Unless a registered person or former registered person exercises their right to a public hearing such hearings will be held in private.

Article 10 of this Order gives the former registered person a right of appeal to the High Court against the making of an interim suspension order within 28 days of the notice of the order being served.

Article 11 of this Order provides for the revocation of an interim suspension order.

Article 12 of this Order makes provision in connection with an application for review of an interim suspension order by the person to whom it relates. An application must be accompanied by the information set out in article 13 of this Order.

Article 14 of this Order gives a former registered person to whom the order relates a right to appear, to be accompanied, to be represented, and to make both written and oral representations at a hearing convened to review the interim suspension order.

Article 15 of this Order requires the Council to serve on the former registered person notice of its decision in respect of their application for review of the interim suspension order.

Article 16 of this Order provides that the Council must keep the interim suspension order under review at such intervals as it considers appropriate.

Article 17 of this Order provides for the extension or further extension of an interim suspension order beyond 18 months by the High Court.

Article 18 of this Order makes provision for rules of procedure to be made by the Council in respect of its decisions to impose, review, extend or revoke an interim suspension order.

Article 19 of this Order provides for the publication and provision of copies of documents to registered and former registered persons.

Article 20 of this Order makes provision for the service of a notice on a person under this Order.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department for Education and Public Services in the Welsh Government, Cathays Park, Cardiff, CFI0 3NQ.