TEACHING COUNCIL ACT, 2001

SCHEDULE 1

Section 5

Membership and Meetings of Council

1. In this Schedule, except where the context otherwise requires, “member” means a member of the Council, including the chairperson.

2. (1) The Council shall, as soon as practicable after its establishment, provide itself with and retain in its possession a seal.

(2) The seal of the Council shall be authenticated by the signature of—

(a) the chairperson of the Council or other member of the Council authorised by the Council to act in that behalf, and

(b) an employee of the Council authorised by the Council to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Council and an instrument purporting to be an instrument made by the Council and to be sealed with its seal (purporting to be authenticated in accordance with subparagraph (2)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

3. (1) The Minister may at any time, for stated reasons, remove from office a member who was appointed to the Council by the Minister under section 8(2)(g).

(2) The Council may at any time, for stated reasons, remove a member from office (including, subject to paragraph 6(2)(c), the chairperson) other than a member appointed to the Council by the Minister under section 8(2)(g).

(3) A member (other than the chairperson) may at any time resign from office as a member by notice in writing to the chairperson and the resignation shall take effect on the date of the meeting of the Council next held after receipt by the Council of the notice.

(4) A registered teacher elected or nominated as a member under section 8(2)(a) or (b) shall cease to be a member on his or her ceasing to be a registered teacher.

(5) A member (including the chairperson) who is absent from all meetings of the Council for 6 consecutive months, unless the absence was due to illness or was approved of by the Council, shall cease to be a member at the expiration of that period.

4. (1) Subject to paragraph 5, the Minister, when appointing members under section 8, shall specify each member's term of office which—

(a) in the case of a member of the first Council, shall not exceed 3 years, and

(b) in the case of a member of each subsequent Council, shall not exceed 4 years,

unless the member dies, resigns or becomes disqualified.

(2) (a) Subject to clause (b), a member shall not serve more than 2 consecutive terms of office.

(b) A term of office as a member of the first Council shall not be included for the purposes of clause (a).

(3) The terms of office referred to in subparagraph (2) shall include any term of office as chairperson.

5. (1) Where a casual vacancy occurs among the members (other than the chairperson or those appointed by election) the Council shall, as soon as practicable, notify the Minister who shall, as soon as practicable, following consultation with such body or organisation as he or she considers appropriate, appoint a person to fill such a casual vacancy and a person so appointed shall, subject to this Schedule, hold office for the remainder of the term of office of the member whose death, resignation, removal from office or ceasing for any other reason to hold office occasioned the casual vacancy.

(2) Where a casual vacancy occurs among the members appointed by election, the Council shall co-opt a person who would, under this Act, be eligible to be so appointed and a person so co-opted shall hold office as a member for the remainder of the term of office of the member whose death, resignation, removal from office or ceasing for any other reason to hold office occasioned the casual vacancy.

6. (1) The Council shall, from time to time, elect from among its members—

(a) a chairperson, and

(b) a deputy chairperson.

(2) The chairperson and deputy chairperson shall each hold office for such term as may be specified by the Council at the time of his or her appointment, unless—

(a) he or she ceases to be, or becomes disqualified from being, a member,

(b) he or she resigns the office of chairperson or deputy chairperson, or

(c) the Council by a resolution, of which not less than 7 days notice of the intention to propose is given to each member and for which not less than two-thirds of the members vote, removes the chairperson or deputy chairperson as chairperson or deputy chairperson.

(3) The chairperson or deputy chairperson may at any time resign from office by notice in writing to the Council and the resignation shall take effect on the date of the meeting of the Council next held after the receipt by the Council of the notice.

(4) Where, at an election of the chairperson or deputy chairperson, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be chairperson or deputy chairperson.

7. (1) The Minister shall fix the date, time and place of the first meeting of the Council.

(2) The Council shall hold at least 3 meetings in each year and such and so many other meetings and at such times as the chairperson may determine.

8. (1) Subject to subparagraph (2), the quorum for a meeting of the Council shall be 15.

(2) Where, at a meeting of the Council, the matter of the removal of a registered teacher from the register is on the agenda, the quorum shall be 20.

9. (1) The Director, or in his or her absence the chairperson, shall convene a meeting of the Council when requested so to do by not less than 10 members.

(2) If the Director, or in his or her absence the chairperson, refuses to convene a meeting of the Council under subparagraph (1), any 5 members may, as soon as practicable, convene a meeting of the Council.

(3) If the Director, or in his or her absence the chairperson, without refusing, does not, within 7 days after a request for that purpose has been made to him or her under subparagraph (1), convene a meeting of the Council, any 5 members may, on the expiration of that period, convene a meeting of the Council.

10. (1) At least 3 days before a meeting of the Council notice of the time and place of the meeting shall be sent to each member of the Council signed—

(a) by the Director or chairperson, or

(b) if the meeting is convened by members, by those members.

(2) If the meeting is convened by members, the notice convening the meeting shall specify the business to be transacted at that meeting.

11. At a meeting of the Council—

(a) the chairperson shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson is not present, or if the office of chairperson is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy chairperson is not present or the office of deputy chairperson is vacant, the members who are present shall choose one of their number to preside at that meeting.

12. Minutes of the proceedings of all meetings of the Council shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the chairperson of the next subsequent meeting.

13. The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.

14. Subject to paragraph 6(4) and 8—

(a) at a meeting of the Council every act of the Council and every question coming before the Council shall be determined by a majority of the votes of members (including the chairperson) present and voting in relation to the act or question, and

(b) in the case of an equal division of votes on any question arising at a meeting of the Council (other than the election of the chairperson or deputy chairperson) the chairperson or other person presiding at that meeting shall have a second or casting vote.

15. Subject to paragraph 8, the Council may act notwithstanding one or more than one vacancy among its members or any deficiency in the appointment of a member which may subsequently be discovered.

16. Save as is otherwise provided by any enactment, including this Act, the Council may make, from time to time, such standing orders as it thinks fit for the regulation of its proceedings and may amend or revoke such standing orders.

SCHEDULE 2

Section 11

The Director

1. The Director shall perform his or her functions subject to such policies as may be determined from time to time by the Council and shall be answerable to the Council for the efficient and effective management of the Council and for the due performance of his or her functions.

2. (1) The Director may delegate any of his or her functions to an employee of the Council, unless they are so delegated to the Director subject to the condition that they shall not be sub-delegated, and the employee concerned shall be accountable to the Director for the performance of the functions so delegated.

(2) Notwithstanding any such delegation, the Director shall at all times remain accountable to the Council for the performance of the functions so delegated.

3. The Director shall not hold any other office or position without the consent of the Council.

4. The Director shall hold office subject to such terms and conditions (including terms and conditions relating to remuneration, fees and allowances for expenses) as the Council, with the consent of the Minister and the Minister for Finance, may from time to time determine.

5. The Director shall not be a member of the Council or a committee, but he or she or his or her nominee may, in accordance with procedures established by the Council or the committee, as the case may be, attend meetings of the Council or a committee and shall be entitled to speak at and advise such meetings.

SCHEDULE 3

Section 43

Appointment of Panel under Section 43

1. (1) Where an application for an inquiry into the fitness to teach of a registered teacher has been referred to the Disciplinary Committee under section 42(9)(a), the Director shall invite members of the Disciplinary Committee to become members of a panel for the purposes of an inquiry under section 43 and shall set out in general terms the issue to be considered.

(2) The date of appointment of a panel shall be the date on which the Director is in receipt of written notices of acceptance of the members of the Disciplinary Committee of their appointment to a panel.

(3) Notwithstanding any vacancies in the membership of the Disciplinary Committee, a panel may be appointed from among its members.

2. The procedures of a panel shall be laid down, from time to time, in rules made by the Council, with the consent of the Minister.

3. The Disciplinary Committee shall appoint the chairperson of a panel from among the members of the panel.

4. (1) The Director shall act as secretary to a panel.

(2) The Council shall make available to a panel such services, including staff, as it may reasonably require.

5. Subject to such rules as may be made under paragraph 2, a panel may, at the request or with the consent of the registered teacher concerned, hold an inquiry under section 43 by an examination of the relevant documents and written submission from the applicant and the registered teacher in place of an oral hearing.

6. (1) A panel shall, for the purpose of an inquiry under this section, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairperson of the panel or by such other member of the panel as may be authorised by the panel for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(2) Where—

(a) a person on being summoned to attend before a panel for the purpose of an inquiry under section 43 fails to attend, or

(b) a person, in attendance as a witness before a panel, refuses to take an oath lawfully required by the panel to be taken, or to produce any document in his or her power or control lawfully required by the panel to be produced by him or her or to answer any question to which the panel may lawfully require an answer, or

(c) a person, in attendance before a panel, does anything which, if the panel were a court of law having power to commit for contempt, would be contempt of court.

such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) A witness before a panel shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.