IE
S.I. No. 444/2016 - Teaching Council (Registration) Regulations 2016.
Table of Provisions (17)
Statutory Text (17 Articles)
1. Was previously admitted to the register under Regulation 3 (Montessori and Other Categories) of the Teaching Council [Registration] Regulations 2009.
OR
2. Has obtained a qualification or qualifications in special needs education outside of Ireland which, in the opinion of the Council is or are of an equivalent standard to the standards required under paragraph 1 set forth above, having conducted an assessment of that qualification in accordance with the General System.
OR
3. Applied for registration on or before 31 December 2023 and has obtained a level 8 qualification on the NQF in Montessori Education undertaken in Ireland which was commenced on or before 1 October 2018 and completed on or before 31 December 2023.
OR
4. Applied for registration on or before 31 December 2023 and has obtained a qualification or qualifications outside of Ireland which in the opinion of the Council is or are of an equivalent standard to the standards required under paragraph 3 set forth above, having conducted an assessment of that qualification in accordance with the General System.
The Minister for Education and Skills consents to, and approves of, the making of the foregoing Regulations.
GIVEN under the Official Seal of the Minister for Education and Skills,
25 July 2016.
RICHARD BRUTON,
Minister for Education and Skills.
GIVEN under the seal of the Teaching Council
25 July 2016.
GERRY QUINN,
Chairperson.
SEAN MCMAHON,
Deputy Chairperson.
TOMÁS Ó RUAIRC,
Director.
EXPLANATORY NOTE
(This note is not part of the Statutory Instrument and does not purport to be a legal interpretation.)
These Regulations are made under sections 4, 29, 31 and 33 of the
Teaching Council Act 2001
. They provide for a number of matters in relation to the register of teachers and the registration, and renewal of registration, of teachers on that register.
These Regulations revoke the Teaching Council [Registration] Regulations 2009.
These Regulations may be cited as the Teaching Council (Registration) Regulations 2016.
1 OJ No. L 255, 30.9.2005, p. 22.
2 OJ No. L 363, 20.12.2006, p. 141.
3 OJ No. L 320, 6.12.2007, p. 3.
4 OJ No. L 205, 1.8.2008, p. 10.
5 OJ No. L 311, 21.11.2008, p. 1.
6 OJ No. L 93, 7.4.2009, p. 11.
7 OJ No. L 59, 4.3.2011, p. 4.
8 OJ No. L 112, 24.4.2012, p. 6.
9 OJ No. L 180, 12.7.2012, p. 9.
10 OJ No. L 158, 10.6.2013, p. 368.
11 OJ No. L 354, 28.12.2013, p. 132.
12The Teaching Council, may at its discretion, grant conditional registration to applicants to permit the completion of qualifications under Route 3, paragraph 2 in accordance Regulation 10(2).
13The Teaching Council, may at its discretion, grant conditional registration to applicants to permit the completion of qualifications under Route 3, paragraph 3 in accordance with Regulation 10(2).
5. A qualification or qualifications which, in the opinion of the Council is or are of an equivalent standard to the standards required under paragraphs 1, 2, 3 or 4 set forth above, having conducted an assessment of that qualification in accordance with the General System.
ROUTE 4: OTHER
A person who applies to be entered on the register on the basis of qualifications as a teacher under this route shall satisfy the Council that he or she
6. A certificate of registration issued under section 31(9)(
a
) of the Act shall contain, but shall not be limited to, the following information
(
a
) Name under which the registered teacher carries out professional duties as a teacher;
(
b
) Registration number;
(
c
) Date of registration;
(
d
) Date upon which registration due for annual renewal;
(
e
) Route of registration;
(
f
) Alternative route by which could also have gained registration (if applicable);
(
g
) Subject(
s
) or area(
s
) of study through which deemed eligible for registration, if applicable;
(
h
) Registration status (full or conditional to include a statement of any conditions attached to registration and the expiry date(
s
) of any conditions);
(
i
) A statement that the teacher has obtained the required qualifications to satisfy the Council for registration as a teacher in a recognised school under section 31 (as amended by section 10 of the Act of 2015) of the Act.
Inspection of register
7. (1) Registered teachers may inspect the register by logging in to the Council’s website.
(2) Registered teachers may authorise their paymasters to log in online and inspect the registration information set out in Regulation 5(
a
)(i), (ii), (iii) and (v), (
b
) and (
c
).
(3) The following information from the register shall be made available for public inspection on the Council’s website
(
a
) Name under which carries out professional duties as a teacher;
(
b
) Registration number;
(
c
) Route of registration;
(
d
) Alternative route by which could also have gained registration (if applicable);
(
e
) Registration status (full or conditional, which may include a statement of any conditions attached to registration and the expiry date(
s
) of any conditions);
(
f
) Name and address of employer where applicable;
(
g
) Annual renewal date;
(
h
) Such other information as the Council may deem necessary in the public interest.
Obtaining copy of extract of register
8. (1) Where the Director provides a copy of an entry or extract of the register pursuant to section 29(6)(
b
) of the Act, it shall contain the following information
(
a
) Name under which carries out professional duties as a teacher;
(
b
) Name and address of employer where applicable;
(
c
) Registration number;
(
d
) Date extract provided;
(
e
) Route of registration;
(
f
) Alternative route by which could also have gained registration (if applicable);
(
g
) Registration status (full or conditional which may include a statement of any conditions attached to registration and the expiry date(
s
) of any conditions);
(
h
) Date of registration;
(
i
) Annual renewal date;
(
j
) Voting category as prescribed under section 10 of the Acts;
(
k
) Such other information as the Council may deem necessary in the public interest.
Correction of register
9. (1) Registered teachers shall ensure that the information recorded in the register in relation to his or her registration is accurate and up to date.
(2) Registered teachers may view their registration details online and shall be entitled to edit the following personal details
(
a
) address for correspondence;
(
b
) contact email address and telephone numbers;
(
c
) employment details; and
(
d
) such further details as the Council may approve from time to time.
(3) In the case of certain changes in relation to the information recorded in the register relating to a registered teacher, to include details concerning an applicant’s name or qualifications, the registered teacher shall be required to provide documentary evidence of this, and the requirements of Regulation 13(2) shall apply to such evidence as if the applicant was applying for registration.
(4) When an application for correction of the register results in a change in information contained in a registration certificate, the Council may make available an updated certificate to the registered teacher in question.
PART 3
REGISTRATION
Criteria for admission to register
10. (1) In order to be entitled to be admitted to the register, each applicant shall satisfy the Council—
(
a
) that the qualification(
s
) which he or she possesses meets the education, training and qualifications criteria for admission to the register by one or more of the following routes
(i) primary;
(ii) post-primary;
(iii) further education; or
(iv) other,
as set down in the Schedule; and
(
b
) that he or she has satisfied the Council that he or she is a fit and proper person to be admitted to the register.
(2) All newly qualified teachers, who meet the criteria set out in paragraph (1), shall be granted conditional registration pending successful completion of supervised professional practice as set down by the Council.
(3) The Council may register an applicant subject to such conditions as the Council considers appropriate, including an applicant who was previously voluntarily removed from the register, an applicant who was previously removed from the register for failure to apply for renewal of registration, and an applicant who was previously removed from the register for failure to comply with a condition of registration..
(4) If the Council is not satisfied that an applicant meets the education, training and qualifications criteria determined by the Council in accordance with paragraph (1) following an assessment of his or her qualifications under the general system for the recognition of evidence of training provided for in Title III, Chapter I of the Professional Qualifications Directive, it may require that applicant to complete an adaptation period or take an aptitude test, or to both complete an adaptation period and take an aptitude test, in accordance with that Directive.
(5) For the avoidance of doubt, paragraph (4) shall also apply to applicants from relevant states who do not come within the scope of the Professional Qualifications Directive and to third country applicants.
Conditional registration for newly qualified teachers (NQTs)
11. (1) All NQTs shall successfully complete a period of supervised professional practice, as set down by the Council, in order to obtain full registration as a teacher.
(2) Save in exceptional circumstances approved by the Council under paragraph (3), all NQTs shall complete supervised professional practice, as set down by the Council, within a period of 3 years from the date that he or she is granted conditional registration.
(3) If a NQT does not complete a period of supervised professional practice as set down by the Council, within 3 years, he or she may apply to the Council for an extension of the specified period upon such form as may be prescribed by the Council from time to time, and any extension of the specified period shall be at the discretion of the Council.
(4) Where a NQT fails to successfully complete the period of supervised professional practice within 3 years, or within an extension of that period granted by the Council under paragraph (3), that person’s conditional registration shall lapse.
(5) Where a NQT who is registered subject to a condition or conditions voluntarily removes himself or herself from the register and later reapplies to be admitted to the register in accordance with these Regulations, that teacher shall be allocated the balance of the time period originally granted to meet the requirements of the condition or conditions, as originally specified, save in exceptional circumstances.
(6) Where a NQT who is registered subject to a condition or conditions is removed from the register for failure to apply for renewal of registration and later reapplies to be admitted to the register in accordance with these Regulations, that teacher shall be allocated the balance of the time period originally granted to meet the requirements of the condition or conditions, as originally specified, save in exceptional circumstances.
Conditional registration in order to complete adaptation period or aptitude test
12. (1) Subject to paragraph (2), the Council may grant conditional registration to any applicant who comes within the scope of the Professional Qualifications Directive for a period of up to 3 years in order to allow the applicant to complete an adaptation period or an aptitude test.
(2) The Council shall not grant conditional registration to an applicant whose application for registration was received on or after 1 January 2020 and who has opted to take an aptitude test rather than an adaptation period, other than for periods of professional practice.
(3) Paragraph (1) shall also apply to applicants from relevant states who do not come within the scope of the Professional Qualifications Directive, and to third country applicants.
(4) A teacher with conditional registration may obtain full registration upon the successful completion of an adaptation period or an aptitude test, subject to the successful completion of any other conditions.
(5) If a teacher with conditional registration fails to comply with a condition or conditions within the prescribed time period, he or she may apply within the specified period in writing to the Council on such form as is provided by it for an extension of the specified time period, and any extension of the specified period shall be at the discretion of the Council.
(6) Where a person fails to comply with the conditions within a specified period or within any extension of the specified period by the Council, that person’s conditional registration shall lapse and he or she shall be removed from the Register.
(7) Where a teacher who is registered subject to a condition or conditions voluntarily removes himself or herself from the register and later reapplies to be admitted to the register in accordance with these Regulations, that teacher will only be allocated the balance of the time period originally granted to meet the requirements of the condition or conditions, as originally specified, save in exceptional circumstances.
(8) Where a teacher who is registered subject to a condition or conditions is removed from the register for failure to apply for renewal of registration and later reapplies to be admitted to the register in accordance with these Regulations, that teacher shall only be allocated the balance of the time period originally granted to meet the requirements of the condition or conditions, as originally specified, save in exceptional circumstances.
Applications for registration
13. (1) An application for registration shall be made in such form as is provided from time to time by the Council.
(2) An application for registration shall contain the following information
(
a
) Details of the applicant’s personal information including
(i) Name under which the applicant shall carry out his or her professional duties as a teacher;
(ii) Any other name(
s
) or previous name(
s
) by which the applicant is or was known, if any;
(iii) Date of birth;
(iv) Gender;
(v) Personal public service number (PPSN);
(vi) A certified copy of the applicant’s birth certificate or passport;
(vii) if the applicant’s name has changed, a certified copy of the applicant’s marriage or civil partnership certificate or an authenticated copy of the deed of name change; and
(viii) Any other proof of identity that the Council may feel is necessary for identification purposes;
(
b
) The applicant’s contact details including
(i) The applicant’s postal address for correspondence and service of notices by or on behalf of the Council under the Acts;
(ii) The applicant’s email address for correspondence; and
(iii) The applicant’s contact telephone numbers;
(
c
) Details and evidence of the applicant’s qualification(
s
) in reliance upon which the application is made, which may include—
(i) Certified copies of degrees and diplomas, if applicable,
(ii) Certified copies of qualification transcripts of results for each year of undergraduate and postgraduate qualification(
s
) and/or permission to view the applicant’s results online,
(iii) A certified copy of the sections in the course handbook or course-related documents for each year of the course studied by the applicant,
(iv) Certified translations of the above, if applicable, and
(v) Any other information that the Council may consider is necessary for the verification of the applicant’s qualifications;
(
d
) Evidence as to the applicant’s good character, insofar as it relates to the applicant being a fit and proper person to teach, including—
(i) a declaration of consent and other information which is required by the Council to enable it to obtain a vetting disclosure in respect of the applicant, or a foreign vetting or police disclosure (if applicable),
(ii) a completed declaration of criminal convictions recorded against them, as contained in the application form,
(iii) a completed declaration as to disciplinary history, as contained in the application form along with details of any disciplinary process completed, of which the applicant has been the subject, in which adverse findings were made or as a result of which workplace restrictions were imposed on the applicant by any other professional body, regulatory body or employer in the State or elsewhere (including the equivalent of the Council in any other jurisdiction), as contained in the application form,
(iv) a completed declaration as to any ongoing investigations by the Health Service Executive, the Child and Family Agency, An Garda Síochána or any other public authority in the State or elsewhere, as contained in the application form,
(v) a satisfactory character or employment reference(
s
) by a suitable person, as identified by the Council,
(vi) certificates of good standing from any other professional or regulatory body of which they have been a member, if applicable, and
(vii) any other information that the Council may consider is necessary for the verification of the applicant’s character;
(
e
) Details and evidence of successful completion of professional practice as set down by the Council, if applicable;
(
f
) Details of the applicant’s previous registration by the Council and information as to why the applicant is no longer on the Register; and
(
g
) Any other information that the Council may require on the basis that it is necessary for the purpose of section 31 of the Act.
(3) An application for registration shall be accompanied by such fee as may be prescribed by Council under section 23 of the Act and set out in the application form.
(4) An application for registration shall be completed in full, signed and dated by the applicant.
(5) An application for registration shall be sent or delivered to the Council in the manner set out in the application form.
Internal review of registration decision
14. An applicant for registration may request an internal review of a decision of the Council to refuse registration or impose conditions on registration, without prejudice to the applicant’s right of appeal under section 31(8) of the Act.
PART 4
RENEWAL OF REGISTRATION
Applications for renewal
15. (1) An application for renewal of registration shall be in such form as is provided from time to time by the Council.
(2) An application for renewal of registration shall contain the following information
(
a
) The applicant’s personal details, which may include the applicant’s PPSN number;
(
b
) The applicant’s postal address for correspondence, contact email address and telephone number(
s
);
(
c
) the name and address of the applicant’s employer, if any;
(
d
) details of the applicant’s current teaching post including any posts of responsibility held; and
(
e
) any other information that the Council may require on the basis that it is necessary for the purpose of section 33 (as amended by section 9 of the Act of 2012) of the Act.
(3) An application for renewal of registration shall be accompanied by such fee as may be prescribed by Council under section 23 of the Act and set out in the application for renewal.
(4) An application for renewal of registration shall be completed in full by the applicant, who shall declare that the details contained in the Register are correct.
(5) An application for renewal shall be made online or sent to the Council in the manner set out in the renewal notice.
(6) A notice shall be issued on renewal pursuant to section 33(7) (inserted by section 9 of the Act of 2012) of the Act, which may contain the following
(
a
) Name under which the registered teacher carries out his or her professional duties as a teacher;
(
b
) Registration number;
(
c
) Date of registration;
(
d
) Period for which certificate valid;
(
e
) Expiration date of registration;
(
f
) Route of registration;
(
g
) Alternative route by which could also have gained registration (if applicable);
(
h
) Subject(
s
)/area(
s
) through which deemed eligible for registration, if applicable;
(
i
) Registration status (full or conditional to include a statement of any conditions attached to registration) and the expiry date(
s
) of any conditions; and
(
j
) A statement that the teacher has obtained the required qualifications to satisfy the Council for registration under section 31 of the Acts as a teacher in a recognised school.
PART 5
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation
16. The Teaching Council [Registration] Regulations 2009 (S.I. 595 of 2009) are revoked.
Transitional provisions
17. (1) Where, before the entry into force of these Regulations, an application for registration under the Regulations referred to in Regulation 16 has been made but not yet determined, these Regulations shall apply to that application.
(2) Where, before the entry into force of these Regulations, an application for renewal of registration under the Regulations referred to in Regulation 16 has been made but not yet determined, the provisions of those Regulations shall continue to apply to the application as if they had not been revoked.
Schedule
EDUCATION, TRAINING AND QUALIFICATIONS CRITERIAfor admission to the register by one or more of the routes identified in Regulation 10(1)
Regulation 10(1)
Glossary of terms
In this Schedule
“accredited” means accredited under section 38 (as amended by section 10 of the Act of 2012) of the Act;
“European Credit Transfer and Accumulation System or ECTS credits” means the credit system for higher education used in the European Higher Education Area;
“further education” means qualified to teach students in recognised schools who are normally 16 years of age and older and who are attending education and training settings outside the post-primary schooling but which are not part of the third-level system;
“General System” refers to the system for assessing the equivalency of qualifications, which is contained in the Professional Qualifications Directive;
“Other” means the route by which applicants may obtain entry onto the register in the particular circumstances which are set out in that route;
“National Framework of Qualifications or NFQ” means the ten-level system (1–10) giving an academic or vocational value to qualifications obtained in Ireland;
“post-primary” means qualified to teach pupils or students from first year to sixth year, normally age range 12 to 18 years;
“primary” means qualified to teach pupils or students normally from junior infants to sixth class, age range 4 to 12 years.
ROUTE 1: PRIMARY
A person who applies to be entered on the register on the basis of qualifications as a primary teacher shall satisfy the Council that he or she has obtained one of the following